Commission Regulation (EEC) No 1805/77 of 4 August 1977 laying down, in respect of the beef and veal sector, special rules for the application of Regulation (EEC) No 1055/77 on the storage and movement of products bought in by an intervention agency
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Change 1
Article 2
1. Where the products held by an intervention agency and stored in a non-member country are sold at a price fixed in advance, the selling price of the product shall correspond to the selling price of an identical product in the Member State within whose jurisdiction the intervention agency falls, minus the amount of the lowest refund and minus or plus any monetary or accession compensatory amounts which would be applicable if the identical product was exported to non-member countries. 2. The rate to be used to calculate the amount of the lowest refund and the monetary and accession compensatory amounts referred to in paragraph 1 shall be that applicable on the day on which the contract of sale is concluded. However, if on the day on which the contract is concluded the purchaser produces a certificate of advance fixing of the refund, the rate to be used to calculate the amount of the lowest refund shall be that applicable on the day of the advance fixing. Where the preceding subparagraph applies, the day on which the contract of sale is concluded shall be considered as the day on which customs export formalities are completed. Notwithstanding Article 9 (3) of Regulation (EEC) No 193/75, the intervention agency shall make the entries on and endorse the certificate. 3. If the purchaser provides proof within six months from the day on which the contract of sale was concluded that the products purchased were placed in free circulation in the non-member country where they were stored or in another non-member country, the difference between the amount of the refund applicable for the non-member country where the products were placed in free circulation and the amount of the lowest refund shall be deducted from the selling price as specified in paragraph 1. The proof referred to in the preceding subparagraph shall be provided in accordance with Article 11 of Regulation (EEC) No 192/75.
Article 2
1. Where the products held by an intervention agency and stored in a non-member country are sold at a price fixed in advance, the selling price of the product shall correspond to the selling price of an identical product in the Member State within whose jurisdiction the intervention agency falls, minus the amount of the lowest refund and minus or plus any monetary or accession compensatory amounts which would be applicable if the identical product was exported to non-member countries. 2. The rate to be used to calculate the amount of the lowest refund and the monetary and accession compensatory amounts referred to in paragraph 1 shall be that applicable on the day on which the contract of sale is concluded. However, if on the day on which the contract is concluded the purchaser produces a certificate of advance fixing of the refund, the rate to be used to calculate the amount of the lowest refund shall be that applicable on the day of the advance fixing. Where the preceding subparagraph applies, the day on which the contract of sale is concluded shall be considered as the day on which customs export formalities are completed. Notwithstanding Article 9 (3) of Regulation (EEC) No 193/75, the intervention agency shall make the entries on and endorse the certificate. 3. If the purchaser provides proof within six months from the day on which the contract of sale was concluded that the products purchased were placed in free circulation in the non-member country where they were stored or in another non-member country, the difference between the amount of the refund applicable for the non-member country where the products were placed in free circulation and the amount of the lowest refund shall be deducted from the selling price as specified in paragraph 1. The proof referred to in the preceding subparagraph shall be provided in accordance with Article 11 of Regulation (EEC) No 192/75.
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