Commission Regulation (EEC) No 120/89 of 19 January 1989 laying down common detailed rules for the application of export levies and charges on agricultural products

Article 1

Without prejudice to the derogations provided for in the specific Community rules relating to certain agricultural products, this Regulation lays down common detailed rules for the application of the export levies and charges (hereinafter referred to as ‘export levies’) on agricultural products provided for in:

— the second indent of Article 20 (1) of Regulation No 136/66/EEC,

— Article 2 (1) of Regulation (EEC) No 2180/71,

— Article 1 (1) of Regulation (EEC) No 1603/74,

— Article 6 (2) of Regulation (EEC) No 2742/75,

— the first indent of Article 2 (1) of Regulation (EEC) No 2747/75,

— the first indent of Article 2 (1) of Regulation (EEC) No 1432/76,

— Article 1 (1) of Regulation (EEC) No 520/77,

— Article 18 (1) and (4) of Regulation (EEC) No 1785/81.

Article 2

Save as otherwise provided in this Regulation, export levies shall apply to all exports, permanent or temporary, to a destination outside the customs territory of the Community of:

(a) products which come under Article 9 (2) of the Treaty, whether or not their packaging comes under that provision;

(b) products which do not come under Article 9 (2) of the Treaty, where they contain components subject to export levies which came wholly or in part under the said provision before being used in the manufacture of the exported products.

Article 3

Where in the case of a compound product a refund is fixed in advance in respect of one or more of its components, within the meaning of Article 8 (3) of Commission Regulation (EEC) No 3665/87 (²⁸), exemption from export levies shall apply only in respect of such component or components.

(a) products which are loaded within the Community for victualling purposes on board sea-going vessels or aircraft serving international routes, provided that the quantity involved does not exceed that normally required for consumption on board such vessels or aircraft;

(b) products for the armed forces of a Member State which are stationed outside the customs territory of the Community;

(c) small consignments of a non-commercial nature, where the weight of the leviable content does not exceed three kilograms per consignment; the other conditions of application of this allowance, with the exception of those relating to the value of the products, shall be the same as those laid down in Articles 29 to 31 of Regulation (EEC) No 918/83;

(d) goods contained in the personal luggage of travellers where the weight of the leviable content does not exceed three kilograms per traveller; the other conditions of application of this allowance, with the exception of those relating to the value of the products, shall be the same as those laid down in Articles 45 to 49 of Regulation (EEC) No 918/83;

(e) products under one of the procedures provided for in Articles 4 and 5 of Council Regulation (EEC) No 565/80 (³⁰);

(f) the catering supplies referred to in Article 42 (1) of Regulation (EEC) No 3665/87, the conditions laid down in paragraphs 2, second subparagraph, 3, 4, 5, 6 and 7 of the said Article applying mutatis mutandis.

Article 4

However, save in case of force majeure:

— where the products concerned leave the customs territory of the Community after the 60th day from the day on which the export declaration was accepted, or

— in cases where proof of exit from the customs territory of the Community is not furnished within a period of 12 months from the date on which the export declaration was accepted,

the export levy rate chargeable shall be the highest of the rates in force during the period from the date of acceptance of the export declaration to the date on which the products leave the customs territory of the Community; where a rate fixed in advance higher than the highest rate was applicable that rate shall be chargeable.

For the purposes of the foregoing subparagraph, no account shall be taken of any export refund fixed during the said period.

Proof of exit from the customs territory of the Community shall be furnished in accordance with the same procedure as that applying to refunds. Where such proof is not furnished within a period of 12 months from the date on which the export declaration was accepted, the date of exit from the Community's customs territory shall be regarded as being the last day of that period.

— expressed in ecus,

— which is the highest for the product and destination concerned for the period over which the rates are compared.

Article 4a

For the purposes of this paragraph, the final subparagraph of Article 251 (2) (a) of Commission Regulation (EEC) No 2454/93 (³²) shall not apply.

From the day on which an export levy applies to products as referred to in paragraph 1, the customs office of exit from the Community's customs territory shall inform the customs office where the export formalities were carried out of the date the products in question actually left the Community's customs territory by returning the control copy T5 or a photocopy of the control copy T5 or by sending a notification specially drawn up for the purpose.

The document sent to the customs office where the export formalities were carried out is completed by the customs office of exit to include one of the entries listed in Annex I.

Article 5

(a) the levy in force for the destination indicated in the export declaration referred to in Article 4 (1) shall be charged and any difference between the amount of such levy and that of the highest levy in force on the date of acceptance of the export declaration shall be covered by a security;

(b) where such security is given, the exporter must, save in case of force majeure, furnish proof, within 12 months from the date of acceptance, that the product has been imported; such proof shall be furnished in the manner provided for in Article 18 of Regulation (EEC) No 3665/87;

(c) where the proof referred to in (b) is not furnished within the prescribed period the products shall be regarded, save in case of force majeure, as having reached the destination in respect of which the highest levy rate is chargeable, and the security shall be forfeited and treated as an export levy;

(d) where the proof referred to in (b) is furnished within the prescribed period, the security shall be released according to the destination which the product has reached and in proportion to the quantities in respect of which such proof is furnished; any amount of the security not released shall be forfeited and treated as an export levy;

(e) where the exporter furnishes proof within the period specified in (b) that the product has reached a destination in respect of which the levy is lower that that charged the amount due shall be adjusted and any security given shall be released;

(f) the security shall consist either of a cash deposit or of a guarantee issued by an institution satisfying the criteria laid down by the Member State in which the export declaration is accepted.

Article 6

Where the proof referred to in the fourth subparagraph of Article 4 (1) and/or the proof referred to in Article 5 (2) (b) are furnished within six months of the expiry of the period laid down in those Articles, the amount due by way of levy shall be:

(a) the levy which would have been collected if the said period had been complied with;

(b) plus 15 % of the difference between the levy collected and the amount referred to at (a).

Article 7

Once the export declaration lodged in respect of products as referred to in Article 2 (a) has been accepted, the latter shall be deemed no longer to be covered by Article 9 (2) of the Treaty and shall accordingly move in accordance with Article 3 (2) (c) of Council Regulation (EEC) No 2726/90 (³³).

Article 8

(a) an internal Community transit document giving an office belonging to a Member State as the office of destination does not contain the entry referred to in Article 65 of Regulation (EEC) No 1214/92 because the product concerned was not subject to an export levy when the internal Community transit declaration was authenticated; and

(b) under the agreement between the European Economic Community and the countries of the European Free Trade Association on common transit arrangements, that product is presented at an office of destination in an EFTA country; and

(c) an export levy introduced after the date on which the internal Community transit declaration was authenticated was in force on the date on which the product was presented at the office of destination.

Article 9

Article 10

Where a product is placed under one of the simplified procedures set out in Chapter I of Title X of Regulation (EEC) No 1214/92 for carriage to a station of destination or for delivery to a recipient in the customs territory of the Community, the office of departure may not authorize any variation of the contract of carriage allowing carriage to end outside the said customs territory unless it has taken the necessary steps to ensure that the export levy payable is collected. In such cases, the export levy rate applicable shall be the rate in force on the date on which the declaration of export to third countries is accepted by the office of departure.

Article 11

(a) shall be released where the decision concerning a request for reimbursement or remission of import levies in positive;

(b) shall be forfeited and treated as an export levy where: — the decision referred to at (a) is negative, and — the export levy is not paid within 30 days of that on which the payment notice is issued.

Article 12

During periods when the levy rate applying to a given product is higher than zero, export licences for that product may be cancelled and applications for such licences withdrawn, at the request of the interested party, except in the following cases:

(a) the licence specifies a refund amount fixed in advance or determined by means of a tendering procedure;

(b) the licence was issued in response to an application lodged on a day on which a levy was applicable, the day on which the application was lodged being determined in accordance with Article 15 of Commission Regulation (EEC) No 3719/88 (³⁷);

(c) the application was for a licence covered by (a) or (b).

In such cases, the security relating to the licence shall be released immediately.

Article 13

References to the Articles of the repealed Regulation should be read in accordance with the correlation table in the  Annex II.

Article 14

This Regulation shall enter into force on 1 April 1989.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Entries referred to in the third subparagraph of Article 4a(2):

— In Bulgarian: В приложение на член 4а от Регламент (ЕИО) № 120/89

— In Spanish: Aplicación del artículo 4 bis del Reglamento (CEE) n^o 120/89

— In Czech: Použitelnost článku 4a nařízení (EHS) č. 120/89

— In Danish: Anvendelse af artikel 4a i forordning (EØF) nr. 120/89

— In German: Anwendung von Artikel 4a der Verordnung (EWG) Nr. 120/89

— In Estonian: Määruse (EMÜ) nr 120/89 artikli 4a kohaldamine

— In Greek: Εφαρμoγή τoυ άρθρoυ 4α τoυ καvovισμoύ (ΕΟΚ) αριθ. 120/89

— In English: Application of Article 4a of Regulation (EEC) No 120/89

— In French: Application de l'article 4 bis du règlement (CEE) n^o 120/89

— In Croatian: Primjena članka 4.a Uredbe (EEZ) br. 120/89

— In Italian: Applicazione dell'articolo 4 bis del regolamento (CEE) n. 120/89

— In Latvian: Regulas (EEK) Nr. 120/89 4.a panta piemērošana

— In Lithuanian: Reglamento (EEB) Nr. 120/89 4 bis straipsnio taikymas

— In Hungarian: A 120/89/EGK rendelet 4.a cikkének alkalmazása

— In Maltese: Applikazzjoni ta' l-Artikolu 4 bis tar-regolament (KEE) nru 120/89

— In Dutch: Toepassing van artikel 4 bis van Verordening (EEG) nr. 120/89

— In Polish: Stosowanie art. 4a rozporządzenia (EWG) nr 120/89

— In Portuguese: Aplicação do artigo 4.^o-A do Regulamento (CEE) n.^o 120/89

— In Romanian: Aplicarea articolului 4a din Regulamentul (CEE) nr. 120/89

— In Slovakian: Uplatňovanie článku 4a nariadenia (EHS) č. 120/89

— In Slovenian: Uporaba člena 4 bis Uredbe (EGS) št. 120/89

— In Finnish: Asetuksen (ETY) N:o 120/89 4 a artiklan soveltaminen

— In Swedish: I enlighet med artikel 4a i förordning (EEG) nr 120/89

ANNEX II

Regulation (EEC) No 645/75	This Regulation
Article 1	Article 1
Article 2 (1)	Article 2
Article 2 (2)
Article 2a	Article 11
Article 3	Article 3
Article 4	Article 4
Article 5	Article 5
—	Article 6
—	Article 7
Article 6	Article 8 (1)
Article 7	Article 9
Article 8	Article 10
Article 9	—
Article 10	Article 12
Article 11	Article 13
Article 12	Article 14