Commission Regulation (EC) No 76/2009Dangos y teitl llawn

Article 1 U.K.

Regulation (EC) No 504/2007 is amended as follows:

1.

in Article 2 paragraph 3 is replaced by the following:

‘3. The additional duties applicable pursuant to Article 4 shall be fixed by the Commission at the same time as the representative prices.’;

2.

the introductory phrase of the first paragraph of Article 3 is replaced by the following:

‘If the difference between the trigger price in question referred to in Article 1(2) and the cif import price of the consignment in question:’;

3.

Article 4 is replaced by the following:

‘Article 4

1. The additional duty shall be established on the basis of the cif import price of the consignment in question in accordance with the provisions of Article 3.

2. When the cif import price per 100 kg of a consignment is higher than the applicable representative price referred to in Article 2(2), the importer shall present to the competent authorities of the importing Member States at least the following proofs:

(a) the purchasing contract or any other equivalent document;

(b) the insurance contract;

(c) the invoice;

(d) the certificate of origin (where applicable);

(e) the transport contract;

(f) and, in the case of sea transport, the bill of lading.

3. In the case referred to in paragraph 2, the importer must lodge the security referred to in Article 248(1) of Commission Regulation (EEC) No 2454/93(1), equal to the amount of additional duty which he would have paid if the calculation of the additional duty had been made on the basis of the representative price applicable to the product in question.

4. The importer shall have one month from the sale of the products in question, subject to a limit of six months from the date of acceptance of the declaration of release for free circulation, to prove that the consignment was disposed of under conditions confirming the correctness of the prices referred to in paragraph 2. Failure to meet one or other of these deadlines shall entail the loss of the security lodged. However, the time limit of six months may be extended by the competent authorities by a maximum of three months at the request of the importer, which must be duly substantiated.

The security lodged shall be released to the extent that proof of the conditions of disposal is provided to the satisfaction of the customs authorities.

Otherwise, the security shall be forfeit by way of payment of the additional duties.

5. If on verification the competent authorities establish that the requirements of this Article have not been met, they shall recover the duty due in accordance with Article 220 of Regulation (EEC) No 2913/92. The amount of the duty to be recovered or remaining to be recovered shall include interest from the date the goods were released for free circulation up to the date of recovery. The interest rate applied shall be that in force for recovery operations under national law.’;

4.

Annex I is amended as follows:

(a)

in the first column:

• code 0402 91 11 is replaced by code 0402 91 10,

• code 0402 91 31 is replaced by code 0402 91 30,

• code 0402 99 11 is replaced by code 0402 99 10;

(b)

the codes 0402 91 19 and 0402 91 39, and the data related to those codes, are deleted.

(1)

OJ L 253, 11.10.1993, p. 1.’;