Commission Regulation (EEC) No 2675/80 of 17 October 1980 amending Regulation (EEC) No 1687/76 laying down common detailed rules for verifying the use and/or destination of products from intervention
2675/80 • 31980R2675
Legal Acts - Regulations
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Commission Regulation (EEC) No 2675/80 of 17 October 1980 amending Regulation (EEC) No 1687/76 laying down common detailed rules for verifying the use and/or destination of products from intervention Official Journal L 274 , 18/10/1980 P. 0014 - 0015 Greek special edition: Chapter 03 Volume 31 P. 0052 Spanish special edition: Chapter 03 Volume 19 P. 0092 Portuguese special edition Chapter 03 Volume 19 P. 0092
**** ( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 . ( 2 ) OJ NO L 186 , 19 . 7 . 1980 , P . 1 . ( 3 ) OJ NO L 190 , 14 . 7 . 1976 , P . 1 . ( 4 ) OJ NO L 163 , 28 . 6 . 1980 , P . 35 . ( 5 ) OJ NO L 317 , 12 . 12 . 1979 , P . 1 . ( 6 ) SEE PAGE 11 OF THIS OFFICIAL JOURNAL . COMMISSION REGULATION ( EEC ) NO 2675/80 OF 17 OCTOBER 1980 AMENDING REGULATION ( EEC ) NO 1687/76 LAYING DOWN COMMON 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 1917/80 ( 2 ), AND IN PARTICULAR ARTICLES 12 ( 4 ) 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 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1649/80 ( 4 ), PRESCRIBES THE PROVISIONS TO BE APPLIED WHEN PRODUCTS SUBJECT TO A SPECIFIC USE AND/OR DESTINATION ARE REMOVED FROM INTERVENTION STOCK ; WHEREAS ARTICLE 26 OF COMMISSION REGULATION ( EEC ) NO 2730/79 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2674/80 ( 6 ), PROVIDES FOR THE ADVANCE PAYMENT OF REFUNDS WHEN PRODUCTS HAVE BEEN PLACED IN A VICTUALLING WAREHOUSE ; WHEREAS IN SUCH CASES THE WAREHOUSE-KEEPER MUST UNDERTAKE TO USE THE PRODUCTS AS SUPPLIES FOR VICTUALLING WITHIN THE COMMUNITY ; WHEREAS SUCH SUPPLIES ARE TREATED AS EXPORTS FOR REFUND PURPOSES ; WHEREAS PRODUCTS FROM INTERVENTION SHOULD BE CONSIDERED AS EXPORTED WHEN BEING PLACED IN SUCH WAREHOUSES ; WHEREAS IT MIGHT HAPPEN THAT PRODUCTS FOR VICTUALLING WILL NOT REACH THEIR DESTINATION ; WHEREAS IN SUCH CASES A FIXED AMOUNT SHOULD BE PAID ; WHEREAS PROVISIONS OF ARTICLE 28 OF REGULATION ( EEC ) NO 2730/79 WILL APPLY IN CASES WHERE AN EXPORT REFUND HAS BEEN PAID IN ADVANCE ; WHEREAS IN CASES WHERE NO REFUND IS APPLICABLE , THE SELLING PRICE IS SUPPOSED TO REFLECT THIS CONDITION AND SUCH PRODUCTS ARE THEREFORE IN A POSITION SIMILAR TO THOSE HAVING BENEFITED FROM AN EXPORT REFUND ; WHEREAS FOR SUCH PRODUCTS THE PROVISIONS OF ARTICLES 26 TO 29 OF REGULATION ( EEC ) NO 2730/79 SHOULD APPLY WITH THE EXCEPTION OF ARTICLE 28 ( 3 ); WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF ALL THE RELEVANT MANAGEMENT COMMITTEES , HAS ADOPTED THIS REGULATION : ARTICLE 1 REGULATION ( EEC ) NO 1687/76 IS HEREBY AMENDED AS FOLLOWS : 1 . ARTICLE 3 ( 1 ) ( A ) SHALL BE REPLACED BY THE FOLLOWING : ' ( A ) IN RESPECT OF PRODUCTS TO BE EXPORTED , EITHER IN THE SAME STATE OR AFTER PROCESSING , THEY HAVE : 1 . LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY AS DEFINED IN ARTICLE 9 ( 2 ) OF REGULATION ( EEC ) NO 2730/79 ; OR 2 . IN THE CASE SPECIFIED IN ARTICLE 5 ( 1 ) OF REGULATION ( EEC ) NO 2730/79 , REACHED THEIR DESTINATION ; OR 3 . BEEN PLACED IN A VICTUALLING WAREHOUSE APPROVED PURSUANT TO ARTICLE 26 OF REGULATION ( EEC ) NO 2730/79 ; OR 4 . AS REGARDS PRODUCTS OF THE CEREALS SECTOR , BECOME UNFIT FOR HUMAN AND ANIMAL CONSUMPTION . ' 2 . THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ARTICLE 3 : ' 3 . WHEN PRODUCTS HAVE BEEN PLACED IN A VICTUALLING WAREHOUSE AS REFERRED TO IN PARAGRAPH 1 ( A ) ( 3 ), THE PROVISIONS OF ARTICLES 26 TO 29 OF REGULATION ( EEC ) NO 2730/79 SHALL APPLY WITH THE EXCEPTION OF ARTICLE 28 ( 3 ) EVEN THOUGH NO REFUND IS APPLICABLE . 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 ON REQUEST APPLY WITH EFFECT FROM 1 JANUARY 1980 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT BRUSSELS , 17 OCTOBER 1980 . FOR THE COMMISSION FINN GUNDELACH VICE-PRESIDENT
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( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .
( 2 ) OJ NO L 186 , 19 . 7 . 1980 , P . 1 .
( 3 ) OJ NO L 190 , 14 . 7 . 1976 , P . 1 .
( 4 ) OJ NO L 163 , 28 . 6 . 1980 , P . 35 .
( 5 ) OJ NO L 317 , 12 . 12 . 1979 , P . 1 .
( 6 ) SEE PAGE 11 OF THIS OFFICIAL JOURNAL .
COMMISSION REGULATION ( EEC ) NO 2675/80
OF 17 OCTOBER 1980
AMENDING REGULATION ( EEC ) NO 1687/76 LAYING DOWN COMMON 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 1917/80 ( 2 ), AND IN PARTICULAR ARTICLES 12 ( 4 ) 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 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1649/80 ( 4 ), PRESCRIBES THE PROVISIONS TO BE APPLIED WHEN PRODUCTS SUBJECT TO A SPECIFIC USE AND/OR DESTINATION ARE REMOVED FROM INTERVENTION STOCK ;
WHEREAS ARTICLE 26 OF COMMISSION REGULATION ( EEC ) NO 2730/79 ( 5 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2674/80 ( 6 ), PROVIDES FOR THE ADVANCE PAYMENT OF REFUNDS WHEN PRODUCTS HAVE BEEN PLACED IN A VICTUALLING WAREHOUSE ; WHEREAS IN SUCH CASES THE WAREHOUSE-KEEPER MUST UNDERTAKE TO USE THE PRODUCTS AS SUPPLIES FOR VICTUALLING WITHIN THE COMMUNITY ; WHEREAS SUCH SUPPLIES ARE TREATED AS EXPORTS FOR REFUND PURPOSES ; WHEREAS PRODUCTS FROM INTERVENTION SHOULD BE CONSIDERED AS EXPORTED WHEN BEING PLACED IN SUCH WAREHOUSES ;
WHEREAS IT MIGHT HAPPEN THAT PRODUCTS FOR VICTUALLING WILL NOT REACH THEIR DESTINATION ; WHEREAS IN SUCH CASES A FIXED AMOUNT SHOULD BE PAID ; WHEREAS PROVISIONS OF ARTICLE 28 OF REGULATION ( EEC ) NO 2730/79 WILL APPLY IN CASES WHERE AN EXPORT REFUND HAS BEEN PAID IN ADVANCE ; WHEREAS IN CASES WHERE NO REFUND IS APPLICABLE , THE SELLING PRICE IS SUPPOSED TO REFLECT THIS CONDITION AND SUCH PRODUCTS ARE THEREFORE IN A POSITION SIMILAR TO THOSE HAVING BENEFITED FROM AN EXPORT REFUND ; WHEREAS FOR SUCH PRODUCTS THE PROVISIONS OF ARTICLES 26 TO 29 OF REGULATION ( EEC ) NO 2730/79 SHOULD APPLY WITH THE EXCEPTION OF ARTICLE 28 ( 3 );
WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF ALL THE RELEVANT MANAGEMENT COMMITTEES ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
REGULATION ( EEC ) NO 1687/76 IS HEREBY AMENDED AS FOLLOWS :
1 . ARTICLE 3 ( 1 ) ( A ) SHALL BE REPLACED BY THE FOLLOWING :
' ( A ) IN RESPECT OF PRODUCTS TO BE EXPORTED , EITHER IN THE SAME STATE OR AFTER PROCESSING , THEY HAVE :
1 . LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY AS DEFINED IN ARTICLE 9 ( 2 ) OF REGULATION ( EEC ) NO 2730/79 ; OR
2 . IN THE CASE SPECIFIED IN ARTICLE 5 ( 1 ) OF REGULATION ( EEC ) NO 2730/79 , REACHED THEIR DESTINATION ; OR
3 . BEEN PLACED IN A VICTUALLING WAREHOUSE APPROVED PURSUANT TO ARTICLE 26 OF REGULATION ( EEC ) NO 2730/79 ; OR
4 . AS REGARDS PRODUCTS OF THE CEREALS SECTOR , BECOME UNFIT FOR HUMAN AND ANIMAL CONSUMPTION . '
2 . THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ARTICLE 3 :
' 3 . WHEN PRODUCTS HAVE BEEN PLACED IN A VICTUALLING WAREHOUSE AS REFERRED TO IN PARAGRAPH 1 ( A ) ( 3 ), THE PROVISIONS OF ARTICLES 26 TO 29 OF REGULATION ( EEC ) NO 2730/79 SHALL APPLY WITH THE EXCEPTION OF ARTICLE 28 ( 3 ) EVEN THOUGH NO REFUND IS APPLICABLE .
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 ON REQUEST APPLY WITH EFFECT FROM 1 JANUARY 1980 .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 17 OCTOBER 1980 .
FOR THE COMMISSION
FINN GUNDELACH
VICE-PRESIDENT