Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products

Published date13 December 1980
Subject MatterAgriculture and Fisheries
Official Gazette PublicationOfficial Journal of the European Communities, L 338, 13 December 1980
EUR-Lex - 31980R3183 - EN

Commission Regulation (EEC) No 3183/80 of 3 December 1980 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products

Official Journal L 338 , 13/12/1980 P. 0001 - 0033
Greek special edition: Chapter 11 Volume 22 P. 0066
Spanish special edition: Chapter 03 Volume 20 P. 0005
Portuguese special edition Chapter 03 Volume 20 P. 0005


COMMISSION REGULATION ( EEC ) No 3183/80

of 3 December 1980

laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

Having regard to the Treaty establishing the European Economic Community ,

Having regard to Council Regulation ( EEC ) No 2727/75 of 29 October 1975 on the common organization of the market in cereals ( 1 ) , as last amended by Regulation ( EEC ) No 1870/80 ( 2 ) , and in particular Articles 12 ( 2 ) , 15 ( 5 ) , 16 ( 6 ) and 24 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Whereas Commission Regulation ( EEC ) No 193/75 ( 3 ) , as last amended by Regulation( EEC ) No 2666/80 ( 4 ) which superseded Regulation( EEC ) No 1373/70 ( 5 ) , lays down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products ; whereas the provisions of that Regulation have , however , been amended many times , in some cases substantially ; whereas , therefore , in the interests of clarity and administrative efficiency it is advisable to consolidate the rules in question in a single text , at the same time making certain amendments which experience has shown to be desirable ;

Whereas the Community Regulations which introduced import and export licences provide that all imports into the Community and all exports from it shall be subject to the production of such a licence ; whereas it should therefore expressly be made clear that such licences are not required for operations which do not in the strict sense constitute imports or exports ;

Whereas , where products are subject either to the arrangements provided for in Council Directive 69/73/EEC of 4 March 1969 on the harmonization of provisions laid down by law , regulation or administrative action in respect of inward processing ( 6 ) , as last amended by the Act of Accession of Greece , or to those provided for in Article 9 of Commission Regulation ( EEC ) No 645/75 of 13 March 1975 laying down common detailed rules for the application of the export levies and charges on agricultural products ( 7 ) , as last amended by Regulation ( EEC ) No 1607/80 ( 8 ) , the competent authorities may in certain cases allow them to be put into free circulation either in the unaltered state or after processing ; whereas in such cases , to ensure that the market is properly managed , an import licence should be required for products actually put into free circulation ; whereas , however , where a product put into free circulation has been obtained from basic products some of which have been imported from non-member countries and some of which have been purchased in the Community , only those basic products imported from non-member countries need to be taken into consideration ;

Whereas the levies applicable when goods covered by inward processing arrangements are put into free circulation are determined by the rules of Directive 69/73/EEC ; whereas on that account the import licence presented when the goods are put into free circulation cannot be allowed to include an advance fixing of the levy ; whereas , however , the levy may be determined by tender , as is currently the case with olive oil ; whereas in such cases the levy applicable will appear on the import licence ;

Whereas the object of import and export licences is the sound administration of the common organization of markets ; whereas some transactions relate to small quantities ; whereas , for the purpose of simplifying administrative procedures , it would seem desirable to provide for an exemption from the obligation to produce an import or export licence in respect of such transactions ;

Whereas in view of international trade practice in respect of the products or goods in question , certain tolerances should be allowed with regard to the quantity of products imported or exported as compared with the quantity indicated on the licence or certificate ;

Whereas , in order to allow several operations to be carried out at the same time on the basis of one licence or certificate , provision should be made for the issue of extracts of licences and certificates which have the same effect as the licences and certificates from which they are extracted ;

Whereas Community rules relating to the various sectors covered by the common organization of agricultural markets provide that import and export licences and advance fixing certificates are applicable to imports and exports effected in the Community ; whereas such a rule requires the adoption of common provisions laying down conditions for the drawing up and use of such licences or certificates and the establishment of Community forms and methods of administrative cooperation between Member States ;

Whereas the Community Regulations which introduced the abovementioned licences and certificates provide that they shall be issued subject to the lodging of a security so as to guarantee that the undertaking to import or export will be fulfilled during the period of their validity ; whereas it is necessary to define when the undertaking to export or import is fulfilled ;

Whereas Commission Regulation ( EEC ) No 2730/79 of 29 November 1979 laying down detailed rules for the application of export refunds in respect of agricultural products ( 9 ) , as last amended by Regulation ( EEC ) No 2674/80 ( 10 ) , provides that exportation shall be considered to have taken place when the products in respect of which formalities have been completed have left the geographical territory of the Community or reached their destination , although for reasons of administrative convenience the date of exportation for the purpose of determining the rate of the refund is the day on which customs export formalities are completed ; whereas for the same reasons , in regard to the validity period of licences and certificates , exportation should be considered to have been carried out on the day taken into account for determining the rate of refund ; whereas this day is defined either in Regulation ( EEC ) No 2730/79 or Regulation ( EEC ) No 798/80 ( 11 ) , as amended by Regulation ( EEC ) No 2674/80 , which lays down implementing rules in respect of Council Regulation ( EEC ) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products ( 12 ) ;

Whereas in some cases the amount of security required in respect of a licence or certificate may be extremely small ; whereas , in order to reduce the administrative load , no security should be required in such cases ;

Whereas an import or export licence confers the right to import or export ; whereas in consequence it must be presented at the time of completion of customs import or export formalities ;

Whereas , when simplified import or export procedures are used , the licence may be presented to the customs authorities subsequently ; whereas , nevertheless , the importer or exporter must be in possession of a licence on the day on which the import or export formalities are regarded as being completed and must hold such document at the disposal of the customs authorities ;

Whereas in the case of those exports for which a licence or certificate is required in order only to benefit from a rate fixed in advance , the present rules may be made more flexible in order to allow Member States to introduce a simplified procedure for the administrative handling of this document ; whereas , in those cases where an authority is responsible both for issuing the licence or certificate and paying the export refund , the licence or certificate may be held by that authority ;

Whereas in the interest of sound administration licences or certificates and extracts therefrom may not be amended after issue ; whereas , however , in cases of doubt relating to an error attributable to the issuing agency and concerning the items appearing on the licence or certificate or extract , a procedure should be introduced whereby inaccurate licences or certificates or extracts may be withdrawn and corrected documents issued ;

Whereas when a product is placed under one of the procedures provided for in Title IV , Section I of Commission Regulation( EEC ) No 223/77 of 22 December 1976 on provisions for the implementation of Community transit procedure and for certain simplifications of that procedure ( 13 ) , as last amended by Regulation ( EEC ) No 902/80 ( 14 ) ; when a carriage operation begins within the Community and is to end outside it , no formalities need be carried out at the customs office of the frontier station ; whereas where one of these procedures is applied , it would seem desirable in the interests of administrative simplicity to provide for special arrangements for the release of the security ;

Whereas it may happen that by reason of circumstances beyond the control of the party concerned the document constituting proof of departure from the geographical territory of the Community cannot be produced although the product has left such territory or , in the case of operations as specified in Article 5 of Regulation ( EEC ) No 2730/79 , reached its destination ; whereas such a situation may impede trade ; whereas in such circumstances other documents should...

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