Avis juridique important

Commission Regulation (EEC) No 858/78 of 27 April 1978 laying down special detailed rules of application of the system of certificates for advance fixing of the refund in the pigmeat sector and amending Regulation (EEC) No 193/75 Official Journal L 116 , 28/04/1978 P. 0018 - 0019 Greek special edition: Chapter 03 Volume 21 P. 0009

**** ( 1 ) OJ NO L 282 , 1 . 11 . 1975 , P . 1 . ( 2 ) OJ NO L 45 , 21 . 2 . 1976 , P . 1 . ( 3 ) OJ NO L 282 , 1 . 11 . 1975 , P . 39 . ( 4 ) SEE PAGE 15 OF THIS OFFICIAL JOURNAL . ( 5 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 . ( 6 ) OJ NO L 162 , 1 . 7 . 1977 , P . 11 . COMMISSION REGULATION ( EEC ) NO 858/78 OF 27 APRIL 1978 LAYING DOWN SPECIAL DETAILED RULES OF APPLICATION OF THE SYSTEM OF CERTIFICATES FOR ADVANCE FIXING OF THE REFUND IN THE PIGMEAT SECTOR AND AMENDING REGULATION ( EEC ) NO 193/75 THE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2759/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT ( 1 ), AS AMENDED BY REGULATION ( EEC ) NO 367/76 ( 2 ), AND IN PARTICULAR ARTICLES 15 ( 6 ) AND 22 THEREOF , WHEREAS ARTICLE 5 ( 3 ) OF COUNCIL REGULATION ( EEC ) NO 2768/75 OF 29 OCTOBER 1975 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON PIGMEAT AND CRITERIA FOR FIXING THE AMOUNT OF SUCH REFUNDS ( 3 ) PROVIDES THAT THE REFUND MAY , UPON REQUEST BY THE PARTY CONCERNED , BE FIXED IN ADVANCE ; WHEREAS COMMISSION REGULATION ( EEC ) NO 857/78 OF 27 APRIL 1978 ( 4 ) ESTABLISHED THE LIST OF PIGMEAT PRODUCTS ELIGIBLE FOR THE ADVANCE FIXING OF EXPORT REFUNDS ; WHEREAS ARTICLE 6 OF REGULATION ( EEC ) NO 2768/75 INSTITUTED A CERTIFICATE OF ADVANCE FIXING IN THE PIGMEAT SECTOR ; WHEREAS COMMISSION REGULATION ( EEC ) NO 193/75 OF 17 JANUARY 1975 LAYING DOWN COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE FIXING CERTIFICATES FOR AGRICULTURAL PRODUCTS ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1470/77 ( 6 ), SHOULD BE EXTENDED TO COVER THESE CERTIFICATES ; WHEREAS , IN PARTICULAR , THE PERIOD OF VALIDITY AND THE AMOUNT OF THE SECURITY APPLICABLE TO EACH CERTIFICATE SHOULD BE FIXED ; WHEREAS , MOREOVER , THERE SHOULD BE REGULAR COMMUNICATIONS REGARDING THE ADVANCE CERTIFICATES ISSUED ; WHEREAS THE SPECIAL RULES FOR THIS REGULATION SUPPLEMENT THE PROVISIONS OF REGULATION ( EEC ) NO 193/75 ; WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR PIGMEAT , HAS ADOPTED THIS REGULATION : ARTICLE 1 IN ARTICLE 1 OF REGULATION ( EEC ) NO 193/75 THE FOLLOWING INDENT IS HEREBY ADDED AFTER THE TWELFTH INDENT : ' - ARTICLE 6 OF REGULATION ( EEC ) NO 2768/75 ( PIGMEAT ). ' ARTICLE 2 CERTIFICATES FOR ADVANCE FIXING OF THE REFUND SHALL BE VALID FROM THEIR DATE OF ISSUE WITHIN THE MEANING OF ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 193/75 UNTIL THE END OF THE SECOND MONTH FOLLOWING THE MONTH OF ISSUE . ARTICLE 3 THE AMOUNT OF THE SECURITY IN RESPECT OF CERTIFICATES FOR ADVANCE FIXING OF THE REFUND SHALL BE : ( A ) FOUR UNITS OF ACCOUNT PER 100 KILOGRAMS LIVE WEIGHT FOR PRODUCTS FALLING WITHIN SUBHEADING 01.03 A II B ); ( B ) FOUR UNITS OF ACCOUNT PER 100 KILOGRAMS NET FOR PRODUCTS FALLING WITHIN SUBHEADINGS 02.01 A III A ) 5 AND 16.02 B III A ) 2 CC ); ( C ) EIGHT UNITS OF ACCOUNT PER 100 KILOGRAMS NET FOR OTHER PRODUCTS . ARTICLE 4 1 . WHERE FOR A PRODUCT : - THE REFUND MAY BE FIXED IN ADVANCE ONLY FOR CERTAIN DESTINATIONS , OR - THE REFUND IS FIXED AT DIFFERENT RATES ACCORDING TO DESTINATION , THE APPLICATION FOR A CERTIFICATE FOR ADVANCE FIXING OF THE REFUND AND THE CERTIFICATE ITSELF SHALL INDICATE THE DESTINATION IN QUESTION IN SECTION 13 . THE LICENCE SHALL CARRY WITH IT AN OBLIGATION TO EXPORT THE GOODS TO THIS DESTINATION . 2 . FURTHERMORE , WHEN ADVANCE FIXING OF THE REFUND FOR CERTAIN OR ALL DESTINATIONS IS POSSIBLE ONLY IN RESPECT OF PRODUCTS COVERED BY PART OF A SUBHEADING OF THE COMMON CUSTOMS TARIFF , SECTION 12 OF THE APPLICATION FOR A CERTIFICATE AND OF THE CERTIFICATE ITSELF SHALL CONTAIN THE DESCRIPTION OF THAT PART OF THE SUBHEADING OF THE COMMON CUSTOMS TARIFF , AND THE TARIFF NUMBER ENTERED IN SECTION 8 SHALL BE PRECEDED BY THE EXPRESSION ' EX ' . THE CERTIFICATE SHALL APPLY ONLY TO THE PRODUCT THUS DESCRIBED . ARTICLE 5 BEFORE THE TENTH DAY OF EACH MONTH , AND FOR THE FIRST TIME BEFORE 10 JUNE 1978 , THE MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION , BY PRODUCT , THE QUANTITIES IN RESPECT OF WHICH , DURING THE PRECEDING CALENDAR MONTH , CERTIFICATES FOR ADVANCE FIXING OF THE REFUND WERE ISSUED , SPECIFYING THE DESTINATION OF THE PRODUCT WHERE ARTICLE 4 ( 1 ) APPLIES . ARTICLE 6 THIS REGULATION SHALL ENTER INTO FORCE ON 1 MAY 1978 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 27 APRIL 1978 . FOR THE COMMISSION FINN GUNDELACH VICE-PRESIDENT

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( 1 ) OJ NO L 282 , 1 . 11 . 1975 , P . 1 .

( 2 ) OJ NO L 45 , 21 . 2 . 1976 , P . 1 .

( 3 ) OJ NO L 282 , 1 . 11 . 1975 , P . 39 .

( 4 ) SEE PAGE 15 OF THIS OFFICIAL JOURNAL .

( 5 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 .

( 6 ) OJ NO L 162 , 1 . 7 . 1977 , P . 11 .

COMMISSION REGULATION ( EEC ) NO 858/78

OF 27 APRIL 1978

LAYING DOWN SPECIAL DETAILED RULES OF APPLICATION OF THE SYSTEM OF CERTIFICATES FOR ADVANCE FIXING OF THE REFUND IN THE PIGMEAT SECTOR AND AMENDING REGULATION ( EEC ) NO 193/75

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2759/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT ( 1 ), AS AMENDED BY REGULATION ( EEC ) NO 367/76 ( 2 ), AND IN PARTICULAR ARTICLES 15 ( 6 ) AND 22 THEREOF ,

WHEREAS ARTICLE 5 ( 3 ) OF COUNCIL REGULATION ( EEC ) NO 2768/75 OF 29 OCTOBER 1975 LAYING DOWN GENERAL RULES FOR GRANTING EXPORT REFUNDS ON PIGMEAT AND CRITERIA FOR FIXING THE AMOUNT OF SUCH REFUNDS ( 3 ) PROVIDES THAT THE REFUND MAY , UPON REQUEST BY THE PARTY CONCERNED , BE FIXED IN ADVANCE ;

WHEREAS COMMISSION REGULATION ( EEC ) NO 857/78 OF 27 APRIL 1978 ( 4 ) ESTABLISHED THE LIST OF PIGMEAT PRODUCTS ELIGIBLE FOR THE ADVANCE FIXING OF EXPORT REFUNDS ;

WHEREAS ARTICLE 6 OF REGULATION ( EEC ) NO 2768/75 INSTITUTED A CERTIFICATE OF ADVANCE FIXING IN THE PIGMEAT SECTOR ;

WHEREAS COMMISSION REGULATION ( EEC ) NO 193/75 OF 17 JANUARY 1975 LAYING DOWN COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE FIXING CERTIFICATES FOR AGRICULTURAL PRODUCTS ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1470/77 ( 6 ), SHOULD BE EXTENDED TO COVER THESE CERTIFICATES ;

WHEREAS , IN PARTICULAR , THE PERIOD OF VALIDITY AND THE AMOUNT OF THE SECURITY APPLICABLE TO EACH CERTIFICATE SHOULD BE FIXED ; WHEREAS , MOREOVER , THERE SHOULD BE REGULAR COMMUNICATIONS REGARDING THE ADVANCE CERTIFICATES ISSUED ; WHEREAS THE SPECIAL RULES FOR THIS REGULATION SUPPLEMENT THE PROVISIONS OF REGULATION ( EEC ) NO 193/75 ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR PIGMEAT ,

HAS ADOPTED THIS REGULATION :

IN ARTICLE 1 OF REGULATION ( EEC ) NO 193/75 THE FOLLOWING INDENT IS HEREBY ADDED AFTER THE TWELFTH INDENT :

' - ARTICLE 6 OF REGULATION ( EEC ) NO 2768/75 ( PIGMEAT ). '

CERTIFICATES FOR ADVANCE FIXING OF THE REFUND SHALL BE VALID FROM THEIR DATE OF ISSUE WITHIN THE MEANING OF ARTICLE 9 ( 1 ) OF REGULATION ( EEC ) NO 193/75 UNTIL THE END OF THE SECOND MONTH FOLLOWING THE MONTH OF ISSUE .

THE AMOUNT OF THE SECURITY IN RESPECT OF CERTIFICATES FOR ADVANCE FIXING OF THE REFUND SHALL BE :

( A ) FOUR UNITS OF ACCOUNT PER 100 KILOGRAMS LIVE WEIGHT FOR PRODUCTS FALLING WITHIN SUBHEADING 01.03 A II B );

( B ) FOUR UNITS OF ACCOUNT PER 100 KILOGRAMS NET FOR PRODUCTS FALLING WITHIN SUBHEADINGS 02.01 A III A ) 5 AND 16.02 B III A ) 2 CC );

( C ) EIGHT UNITS OF ACCOUNT PER 100 KILOGRAMS NET FOR OTHER PRODUCTS .

1 . WHERE FOR A PRODUCT :

- THE REFUND MAY BE FIXED IN ADVANCE ONLY FOR CERTAIN DESTINATIONS , OR

- THE REFUND IS FIXED AT DIFFERENT RATES ACCORDING TO DESTINATION ,

THE APPLICATION FOR A CERTIFICATE FOR ADVANCE FIXING OF THE REFUND AND THE CERTIFICATE ITSELF SHALL INDICATE THE DESTINATION IN QUESTION IN SECTION 13 .

THE LICENCE SHALL CARRY WITH IT AN OBLIGATION TO EXPORT THE GOODS TO THIS DESTINATION .

2 . FURTHERMORE , WHEN ADVANCE FIXING OF THE REFUND FOR CERTAIN OR ALL DESTINATIONS IS POSSIBLE ONLY IN RESPECT OF PRODUCTS COVERED BY PART OF A SUBHEADING OF THE COMMON CUSTOMS TARIFF , SECTION 12 OF THE APPLICATION FOR A CERTIFICATE AND OF THE CERTIFICATE ITSELF SHALL CONTAIN THE DESCRIPTION OF THAT PART OF THE SUBHEADING OF THE COMMON CUSTOMS TARIFF , AND THE TARIFF NUMBER ENTERED IN SECTION 8 SHALL BE PRECEDED BY THE EXPRESSION ' EX ' .

THE CERTIFICATE SHALL APPLY ONLY TO THE PRODUCT THUS DESCRIBED .

BEFORE THE TENTH DAY OF EACH MONTH , AND FOR THE FIRST TIME BEFORE 10 JUNE 1978 , THE MEMBER STATES SHALL COMMUNICATE TO THE COMMISSION , BY PRODUCT , THE QUANTITIES IN RESPECT OF WHICH , DURING THE PRECEDING CALENDAR MONTH , CERTIFICATES FOR ADVANCE FIXING OF THE REFUND WERE ISSUED , SPECIFYING THE DESTINATION OF THE PRODUCT WHERE ARTICLE 4 ( 1 ) APPLIES .

ARTICLE 6

THIS REGULATION SHALL ENTER INTO FORCE ON 1 MAY 1978 .

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

DONE AT BRUSSELS , 27 APRIL 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT