Avis juridique important

Commission Regulation (EEC) No 1723/77 of 28 July 1977 amending Regulation (EEC) No 1687/76 laying down detailed rules for verifying the use and/or destination of products from intervention Official Journal L 189 , 29/07/1977 P. 0039 - 0040 Greek special edition: Chapter 03 Volume 19 P. 0012 Spanish special edition: Chapter 03 Volume 12 P. 0256 Portuguese special edition Chapter 03 Volume 12 P. 0256

**** ( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 . ( 2 ) OJ NO L 175 , 29 . 6 . 1973 , P . 5 . ( 3 ) OJ NO L 190 , 14 . 7 . 1976 , P . 1 . ( 4 ) OJ NO L 58 , 3 . 3 . 1977 , P . 18 . ( 5 ) OJ NO L 128 , 24 . 5 . 1977 , P . 1 . COMMISSION REGULATION ( EEC ) NO 1723/77 OF 28 JULY 1977 AMENDING REGULATION ( EEC ) NO 1687/76 LAYING DOWN DETAILED RULES FOR VERIFYING THE USE AND/OR DESTINATION OF PRODUCTS FROM INTERVENTION THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1707/73 ( 2 ), AND IN PARTICULAR ARTICLES 11 ( 5 ) AND 26 ( 3 ) THEREOF , AND THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ESTABLISHING A COMMON ORGANIZATION OF THE MARKET IN RESPECT OF AGRICULTURAL PRODUCTS , WHEREAS COMMISSION REGULATION ( EEC ) NO 1687/76 OF 30 JUNE 1976 LAYING DOWN COMMON DETAILED RULES FOR VERIFYING THE USE AND/OR DESTINATION OF PRODUCTS FROM INTERVENTION ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 443/77 ( 4 ), PRESCRIBES THE PROVISIONS TO BE APPLIED WHEN PRODUCTS SUBJECT TO A SPECIFIC USE AND/OR DESTINATION ARE REMOVED FROM INTERVENTION STOCK ; WHEREAS COUNCIL REGULATION ( EEC ) NO 1055/77 OF 17 MAY 1977 ON THE STORAGE AND MOVEMENT OF PRODUCTS BOUGHT IN BY AN INTERVENTION AGENCY ( 5 ) PROVIDES THAT INTERVENTION AGENCIES MAY OBTAIN AUTHORIZATION TO STORE PRODUCTS OUTSIDE THE TERRITORY OF THE MEMBER STATE WITHIN WHOSE JURISDICTION THEY FALL ; WHEREAS THIS NEW SITUATION MAKES AMENDMENTS OF REGULATION ( EEC ) NO 1687/76 NECESSARY ; WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINIONS OF ALL RELEVANT MANAGEMENT COMMITTEES , HAS ADOPTED THIS REGULATION : ARTICLE 1 REGULATION ( EEC ) NO 1687/76 IS HEREBY AMENDED AS FOLLOWS : 1 . ARTICLE 2 ( 3 ) SHALL READ AS FOLLOWS : ' 3 . THE PRODUCTS SHALL BE ACCOMPANIED BY THE CONTROL COPY REFERRED TO IN ARTICLE 10 OF REGULATION ( EEC ) NO 223/77 - WHERE A PART OF THE CONTROL REFERRED TO IN PARAGRAPH 1 IS TO BE CARRIED OUT IN MEMBER STATES OTHER THAN THAT IN WHICH THE PRODUCTS ARE REMOVED FROM INTERVENTION STOCK , OR - WHERE PRODUCTS PURSUANT TO REGULATION ( EEC ) NO 1055/77 ARE STOCKED IN A MEMBER STATE OTHER THAN THAT WHERE THE SELLING INTERVENTION AGENCY IS SITUATED AND THE SECURITY REFERRED TO IN ARTICLE 13 IS LODGED WITH THAT INTERVENTION AGENCY . ' 2 . ADD THE FOLLOWING AS ARTICLE 7A : ' ARTICLE 7A WHEN PRODUCTS ARE STOCKED IN A MEMBER STATE OTHER THAN THAT WHERE THE SELLING INTERVENTION AGENCY IS SITUATED : 1 . THE CUSTOMS OFFICE WHERE THE PRODUCTS ARE RELEASED FOR HOME USE SHALL FOR THE PURPOSE OF THE APPLICATION OF THE SECOND INDENT OF ARTICLE 2 ( 3 ) BE CONSIDERED AS CUSTOMS OFFICE OF DEPARTURE ; 2 . THE REMOVAL ORDER SHALL , WHERE THE SECOND INDENT OF ARTICLE 2 ( 3 ) OR ARTICLE 6 ( 1 ) APPLIES AND IN ADDITION TO THE INFORMATION MENTIONED IN ARTICLE 6 ( 1 ), INDICATE WHETHER THE SECURITY IS LODGED WITH THE SELLING INTERVENTION AGENCY . IF SO , ONE OF THE FOLLOWING ENDORSEMENTS SHALL BE ENTERED IN SECTION 106 OF THE CONTROL COPY : ' SECURITY HELD BY . . . ( NAME AND ADDRESS OF THE SELLING INTERVENTION AGENCY ) ' , ' SIKKERHED STILLET HOS . . . ( NAVN OG ADRESSE PAA DET SAELGENDE INTERVENTIONSORGAN ) ' , ' KAUTION GESTELLT BEI . . . ( BEZEICHNUNG UND ANSCHRIFT DER VERKAUFENDEN INTERVENTIONSSTELLE ) ' , ' CAUTION CONSTITUEE AUPRES DE . . . ( NOM ET ADRESSE DE L ' ORGANISME D ' INTERVENTION VENDEUR ) ' , ' CAUZIONE COSTITUITA PRESSO . . . ( DENOMINAZIONE E INDIRIZZO DELL ' ORGANISMO VENDITORE ) ' , ' WAARBORG GESTELD BIJ . . . ( NAAM EN ADRES VAN HET INTERVENTIEBUREAU DAT DE PRODUKTEN HEEFT VERKOCHT ) ' . 3 . WHERE THE SECURITY IS LODGED WITH THE INTERVENTION AGENCY IN THE MEMBER STATE IN WHICH THE PRODUCTS ARE STOCKED , THE SELLING INTERVENTION AGENCY MAY ALLOW REMOVAL ONLY UPON CONFIRMATION FROM THE FORMER THAT IT HAS TAKEN THE NECESSARY MEASURE FOR THE CONTROL REQUIRED BY ARTICLE 2 ( 1 ). ' 3 . NUMBER THE PRESENT TEXT OF ARTICLE 8 AS PARAGRAPH 1 AND ADD THE FOLLOWING AS PARAGRAPH 2 : ' 2 . WHERE THE LAST SENTENCE OF ARTICLE 7A ( 2 ) APPLIES , THE INTERVENTION AGENCY REFERRED TO IN PARAGRAPH 1 SHALL FORWARD THE CONTROL COPY OR A COPY OR PHOTOCOPY THEREOF TO THE SELLING INTERVENTION AGENCY . ' 4 . ARTICLE 13 ( 1 ) SHALL READ AS FOLLOWS : ' 1 . WHERE A SECURITY IS REQUIRED IN ORDER TO GUARANTEE THE PROPER USE AND/OR DESTINATION OF THE PRODUCTS REFERRED TO IN ARTICLE 1 , IT SHALL BE LODGED PRIOR TO REMOVAL OF THE PRODUCTS . SUCH SECURITY SHALL - IN THE CASE OF PRODUCTS TO BE PROCESSED OR TO BE PROCESSED AND EXPORTED , BE LODGED WITH THE INTERVENTION AGENCY OF THE MEMBER STATE IN WHICH PROCESSING IS TO TAKE PLACE OR TO COMMENCE , - IN ALL OTHER CASES , WITH THE SELLING INTERVENTION AGENCY . ' 5 . ARTICLE 13 ( 3 ) SHALL READ AS FOLLOWS : ' 3 . WHERE SECURITY IS LODGED WITH THE INTERVENTION AGENCY OF A MEMBER STATE OTHER THAN THAT WHERE THE SELLING INTERVENTION AGENCY IS SITUATED , THE FORMER SHALL FORTHWITH FORWARD TO THE SELLING INTERVENTION AGENCY A CERTIFICATE REFERRING TO THE SALE OR TENDER IN QUESTION AND TO THE REGULATION WHICH APPLIES AND SPECIFYING IN PARTICULAR THE AMOUNT OF THE SECURITY , THE QUANTITY OF PRODUCTS INVOLVED AND THE USE AND/OR DESTINATION . ' 6 . ARTICLE 13 ( 4 ) SHALL READ AS FOLLOWS : ' 4 . RELEASE OF THE SECURITY SHALL BE SUBJECT TO THE PRODUCTION OF THE PROOF REFERRED TO EITHER IN ARTICLE 8 ( 2 ) OR IN ARTICLE 12 AND , AS REGARDS PRODUCTS WHICH ARE TO BE IMPORTED INTO A SPECIFIC THIRD COUNTRY , OF THE PROOF REFERRED TO IN ARTICLE 11 ( 1 ) OF REGULATION ( EEC ) NO 192/75 . ' ARTICLE 2 THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL APPLY FROM 1 AUGUST 1977 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 28 JULY 1977 . FOR THE COMMISSION FINN GUNDELACH VICE-PRESIDENT

****

( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 175 , 29 . 6 . 1973 , P . 5 .

( 3 ) OJ NO L 190 , 14 . 7 . 1976 , P . 1 .

( 4 ) OJ NO L 58 , 3 . 3 . 1977 , P . 18 .

( 5 ) OJ NO L 128 , 24 . 5 . 1977 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 1723/77

OF 28 JULY 1977

AMENDING REGULATION ( EEC ) NO 1687/76 LAYING DOWN DETAILED RULES FOR VERIFYING THE USE AND/OR DESTINATION OF PRODUCTS FROM INTERVENTION

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1707/73 ( 2 ), AND IN PARTICULAR ARTICLES 11 ( 5 ) AND 26 ( 3 ) THEREOF , AND THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ESTABLISHING A COMMON ORGANIZATION OF THE MARKET IN RESPECT OF AGRICULTURAL PRODUCTS ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 1687/76 OF 30 JUNE 1976 LAYING DOWN COMMON DETAILED RULES FOR VERIFYING THE USE AND/OR DESTINATION OF PRODUCTS FROM INTERVENTION ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 443/77 ( 4 ), PRESCRIBES THE PROVISIONS TO BE APPLIED WHEN PRODUCTS SUBJECT TO A SPECIFIC USE AND/OR DESTINATION ARE REMOVED FROM INTERVENTION STOCK ; WHEREAS COUNCIL REGULATION ( EEC ) NO 1055/77 OF 17 MAY 1977 ON THE STORAGE AND MOVEMENT OF PRODUCTS BOUGHT IN BY AN INTERVENTION AGENCY ( 5 ) PROVIDES THAT INTERVENTION AGENCIES MAY OBTAIN AUTHORIZATION TO STORE PRODUCTS OUTSIDE THE TERRITORY OF THE MEMBER STATE WITHIN WHOSE JURISDICTION THEY FALL ;

WHEREAS THIS NEW SITUATION MAKES AMENDMENTS OF REGULATION ( EEC ) NO 1687/76 NECESSARY ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINIONS OF ALL RELEVANT MANAGEMENT COMMITTEES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 1687/76 IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 2 ( 3 ) SHALL READ AS FOLLOWS :

' 3 . THE PRODUCTS SHALL BE ACCOMPANIED BY THE CONTROL COPY REFERRED TO IN ARTICLE 10 OF REGULATION ( EEC ) NO 223/77

- WHERE A PART OF THE CONTROL REFERRED TO IN PARAGRAPH 1 IS TO BE CARRIED OUT IN MEMBER STATES OTHER THAN THAT IN WHICH THE PRODUCTS ARE REMOVED FROM INTERVENTION STOCK , OR

- WHERE PRODUCTS PURSUANT TO REGULATION ( EEC ) NO 1055/77 ARE STOCKED IN A MEMBER STATE OTHER THAN THAT WHERE THE SELLING INTERVENTION AGENCY IS SITUATED AND THE SECURITY REFERRED TO IN ARTICLE 13 IS LODGED WITH THAT INTERVENTION AGENCY . '

2 . ADD THE FOLLOWING AS ARTICLE 7A :

' ARTICLE 7A

WHEN PRODUCTS ARE STOCKED IN A MEMBER STATE OTHER THAN THAT WHERE THE SELLING INTERVENTION AGENCY IS SITUATED :

1 . THE CUSTOMS OFFICE WHERE THE PRODUCTS ARE RELEASED FOR HOME USE SHALL FOR THE PURPOSE OF THE APPLICATION OF THE SECOND INDENT OF ARTICLE 2 ( 3 ) BE CONSIDERED AS CUSTOMS OFFICE OF DEPARTURE ;

2 . THE REMOVAL ORDER SHALL , WHERE THE SECOND INDENT OF ARTICLE 2 ( 3 ) OR ARTICLE 6 ( 1 ) APPLIES AND IN ADDITION TO THE INFORMATION MENTIONED IN ARTICLE 6 ( 1 ), INDICATE WHETHER THE SECURITY IS LODGED WITH THE SELLING INTERVENTION AGENCY . IF SO , ONE OF THE FOLLOWING ENDORSEMENTS SHALL BE ENTERED IN SECTION 106 OF THE CONTROL COPY :

' SECURITY HELD BY . . . ( NAME AND ADDRESS OF THE SELLING INTERVENTION AGENCY ) ' ,

' SIKKERHED STILLET HOS . . . ( NAVN OG ADRESSE PAA DET SAELGENDE INTERVENTIONSORGAN ) ' ,

' KAUTION GESTELLT BEI . . . ( BEZEICHNUNG UND ANSCHRIFT DER VERKAUFENDEN INTERVENTIONSSTELLE ) ' ,

' CAUTION CONSTITUEE AUPRES DE . . . ( NOM ET ADRESSE DE L ' ORGANISME D ' INTERVENTION VENDEUR ) ' ,

' CAUZIONE COSTITUITA PRESSO . . . ( DENOMINAZIONE E INDIRIZZO DELL ' ORGANISMO VENDITORE ) ' ,

' WAARBORG GESTELD BIJ . . . ( NAAM EN ADRES VAN HET INTERVENTIEBUREAU DAT DE PRODUKTEN HEEFT VERKOCHT ) ' .

3 . WHERE THE SECURITY IS LODGED WITH THE INTERVENTION AGENCY IN THE MEMBER STATE IN WHICH THE PRODUCTS ARE STOCKED , THE SELLING INTERVENTION AGENCY MAY ALLOW REMOVAL ONLY UPON CONFIRMATION FROM THE FORMER THAT IT HAS TAKEN THE NECESSARY MEASURE FOR THE CONTROL REQUIRED BY ARTICLE 2 ( 1 ). '

3 . NUMBER THE PRESENT TEXT OF ARTICLE 8 AS PARAGRAPH 1 AND ADD THE FOLLOWING AS PARAGRAPH 2 :

' 2 . WHERE THE LAST SENTENCE OF ARTICLE 7A ( 2 ) APPLIES , THE INTERVENTION AGENCY REFERRED TO IN PARAGRAPH 1 SHALL FORWARD THE CONTROL COPY OR A COPY OR PHOTOCOPY THEREOF TO THE SELLING INTERVENTION AGENCY . '

4 . ARTICLE 13 ( 1 ) SHALL READ AS FOLLOWS :

' 1 . WHERE A SECURITY IS REQUIRED IN ORDER TO GUARANTEE THE PROPER USE AND/OR DESTINATION OF THE PRODUCTS REFERRED TO IN ARTICLE 1 , IT SHALL BE LODGED PRIOR TO REMOVAL OF THE PRODUCTS . SUCH SECURITY SHALL

- IN THE CASE OF PRODUCTS TO BE PROCESSED OR TO BE PROCESSED AND EXPORTED , BE LODGED WITH THE INTERVENTION AGENCY OF THE MEMBER STATE IN WHICH PROCESSING IS TO TAKE PLACE OR TO COMMENCE ,

- IN ALL OTHER CASES , WITH THE SELLING INTERVENTION AGENCY . '

5 . ARTICLE 13 ( 3 ) SHALL READ AS FOLLOWS :

' 3 . WHERE SECURITY IS LODGED WITH THE INTERVENTION AGENCY OF A MEMBER STATE OTHER THAN THAT WHERE THE SELLING INTERVENTION AGENCY IS SITUATED , THE FORMER SHALL FORTHWITH FORWARD TO THE SELLING INTERVENTION AGENCY A CERTIFICATE REFERRING TO THE SALE OR TENDER IN QUESTION AND TO THE REGULATION WHICH APPLIES AND SPECIFYING IN PARTICULAR THE AMOUNT OF THE SECURITY , THE QUANTITY OF PRODUCTS INVOLVED AND THE USE AND/OR DESTINATION . '

6 . ARTICLE 13 ( 4 ) SHALL READ AS FOLLOWS :

' 4 . RELEASE OF THE SECURITY SHALL BE SUBJECT TO THE PRODUCTION OF THE PROOF REFERRED TO EITHER IN ARTICLE 8 ( 2 ) OR IN ARTICLE 12 AND , AS REGARDS PRODUCTS WHICH ARE TO BE IMPORTED INTO A SPECIFIC THIRD COUNTRY , OF THE PROOF REFERRED TO IN ARTICLE 11 ( 1 ) OF REGULATION ( EEC ) NO 192/75 . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY FROM 1 AUGUST 1977 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 28 JULY 1977 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT