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- Point in Time (01/07/2010)
- Original (As adopted by EU)
Commission Regulation (EC) No 1276/2008 of 17 December 2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts
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The customs office of export shall also check by sampling that:
the weighing and loading systems do not permit products to be rerouted inside these sealed circuits or any other manipulations;
the time limits specified for calibrated weighing equipment have not expired and that seals are intact where sealed weighing systems are used;
the consignments weighed are actually loaded on the means of transport specified;
the data entered in the weighing records or certificates correspond to the data contained in the loading documents.
Points 2.1 to 2.5 shall apply mutatis mutandis.
If the manufacturing formula has not yet been checked by the competent authorities, the customs office of export shall have the auditor of the competent authorities verify the formula and the identity of the goods afterwards.
For the purposes of this method for verifying the composition of goods not covered by Annex I to the Treaty, Member States shall introduce in advance a procedure whereby:
the composition of goods not covered by Annex I to the Treaty can be checked through the accounts and specific documents relating to production;
it is verified, through the undertaking’s production documents, that the goods not covered by Annex I to the Treaty produced are the same as those covered by the export declaration and the manufacturing formula and the goods to be exported; and
the auditor of the competent authority can verify ex-post that the goods exported tally with the export declaration concerned, the manufacturing formula and the goods produced.
their origin;
their nature;
their characteristics in terms of the refund nomenclature;
their value;
their customs status;
the risk of an incorrect tariff code;
the amount of refund in terms of technical characteristics and the presentation of the products (fat, water, meat, ash content, packaging, etc.);
their becoming newly eligible for refunds;
the quantity;
analyses of previous samples;
binding tariff information (BTI).
its frequency;
the appearance of unusual trade and/or the development of new trade;
diversions of trade.
the rate of refund;
the nomenclatures in respect of which most export refunds are paid;
the risks of incorrect refund rates in terms of technical characteristics and the presentation of the products (fat, water, meat, ash content, packaging, etc.).
their status under customs legislation (e.g. authorised economic operator);
their reputation and trustworthiness;
their financial position;
the appearance of new exporters;
exports without any immediately apparent economic justification;
previous disputes, in particular cases of fraud.
the normal declaration procedure;
the simplified declaration procedure;
acceptance of the export declaration in application of Articles 790 and 791 of Regulation (EEC) No 2454/93.
direct exports;
victualling.
the export destination;
the logistical evidence of the customs office of exit: new or unusual itinerary or traffic, products moved from another office of exit;
excessive journey time from the office of export;
arrival outside normal port/border pattern;
the seal number is different from that declared;
the commodity code and description do not agree;
the declared weight appears incorrect;
inappropriate means of transport for the products;
the amount of refund.
Textual Amendments
F1 Inserted by Commission Regulation (EU) No 278/2010 of 31 March 2010 amending Regulation (EC) No 1276/2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts and Regulation (EC) No 612/2009 on laying down common detailed rules for the application of the system of export refunds on agricultural products.
PART 1 | |
Findings of check as referred to in Article 15(1)(a) of Regulation (EC) No 1276/2008 | Control code |
---|---|
A physical check on export refunds provided in Article 4 of Regulation (EC) No 1276/2008 has been carried out | A1000 |
An analysis has been carried out in accordance with Article 51 of Regulation (EC) No 1043/2005 | A1100 |
It is food aid export under Regulation (EC) No 2298/2001 exempted from a physical check | A1200 |
PART 2 | |
Findings of check as referred to in Article 15(1)(b) of Regulation (EC) No 1276/2008 | Control code |
---|---|
Seal is in conformity, or the absence of a seal is justified as referred to in Article 5(8) of Regulation (EC) No 612/2009 | A2000 |
Seal is missing or it was broken | A2100 |
PART 3 | |
Findings of check as referred to in Article 15(1)(c) of Regulation (EC) No 1276/2008 | Control code |
---|---|
Findings of the substitution check referred to in Article 8 of Regulation (EC) No 1276/2008 are in conformity | A3000 |
Sample has been taken under the substitution check referred to in Article 8 or the specific substitution check referred to in Article 9 of Regulation (EC) No 1276/2008, but the findings are not yet available due to ongoing verification by laboratory analysis | A3100 |
Findings of the specific substitution check referred to in Article 9 of Regulation (EC) No 1276/2008 are in conformity | A3200 |
Findings of substitution check referred to in Article 8 or specific substitution check referred to in Article 9 of Regulation (EC) No 1276/2008 are not in conformity | A3300 |
PART 4 | |
Findings of check as referred to in Article 15(3) of Regulation (EC) No 1276/2008 | Control code |
---|---|
Application of risk management is made difficult because the rate of refund was not mentioned on the T5 control copy or equivalent document without the exporter being exempted according to Article 9 of Regulation (EC) No 612/2009 | A4000 |
Application of risk management is made difficult because the T5 control copy or equivalent document did not mention the entry referred to in Article 8 and Annex III of Regulation (EC) No 612/2009 | A4100 |
Application of risk management is made difficult because the T5 control copy or equivalent document was not correctly or not completely filled in on other aspects | A4200] |
Textual Amendments
F2 Deleted by Commission Regulation (EU) No 278/2010 of 31 March 2010 amending Regulation (EC) No 1276/2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts and Regulation (EC) No 612/2009 on laying down common detailed rules for the application of the system of export refunds on agricultural products.
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the number of T5 control copies and equivalent documents covering exports which were physically controlled as meant in Article 3(a);
the number of T5 control copies and equivalent documents covering export declarations which were not physically controlled as meant in Article 3(a);
the total number of T5 control copies and equivalent documents.
The number of specific substitution checks referred to in Article 9 of this Regulation which led to the detection of irregularities, the financial incidence of irregularities detected exceeding a refund value of EUR 1 000, including, where applicable, the reference number which is used for communication referred to in Article 3 of Regulation (EC) No 1848/2006.
The information in points 5.1 to 5.4 shall only be submitted if there have been modifications since the latest report.
The information in point 5.5 is requested from the Member States for the period in 2009 before their notification of application of risk analysis pursuant to Article 11.
a Professional secrecy is covered by Article 6 of Regulation (EC) No 450/2008. | |||
b Article 10(5a) second subparagraph is covered by Article 9(1) of Regulation (EC) No 885/2006. | |||
c Point 3(b) is covered by Article 4 of Regulation (EC) No 485/2008. | |||
Regulation (EEC) No 386/90 | Regulation (EC) No 3122/94 | Regulation (EC) No 2090/2002 | This Regulation |
---|---|---|---|
Article 1 | Article 1(2) | Article 1 | |
Articles 1(3), 5(1), 3 and 10(4) | Article 2 | ||
Article 2 | Article 3 | ||
Article 3(1) and 3(2) | Article 4(1) | ||
Article 5(2) | Article 4(2) and (3) | ||
Article 3(3) | Article 5(1) | ||
Articles 5(1) and 6(b) | Article 5(2) | ||
Article 3(4) | Article 5(3) | ||
Article 5(1) | Article 5(4) and (5) | ||
Article 3(1)(b) and 3(2) first subparagraph | Article 6(1) | ||
Article 3(2) second subparagraph | Article 6(2)(a) | ||
Article 3(2) third subparagraph | Article 6(2)(b) | ||
Article 5(3) | Article 6(3) | ||
Article 6(a) and (c) | Article 6(4) | ||
Article 2(1) | Article 6(5) | ||
Article 2(2) | Article 6(6) | ||
Article 2(3) | Article 6(7) | ||
Article 10(2a) | Article 7 | ||
Article 3a | Article 10(1) and (2) | Article 8(1) | |
Article 10(4) | Article 8(2) | ||
Article 10(3) | Article 8(3) | ||
Article 10(2a) | Article 9(1) | ||
Article 10(4a) | Article 9(2) | ||
Article 10(2) | Article 10(1) | ||
Article 2(2) | Article 10(2) | ||
Article 2(3) | Article 10(3) | ||
Article 3(2) | Article 1 | Article 10(2) | Article 11(1), (2) and (3) |
Article 2a | — | ||
Article 3(1) | Article 11(4) | ||
Article 3(2) | Article 11(5) | ||
Article 4 | Article 12 | ||
Article 3(3) | Article 13(1) | ||
Article 5 | Article 13(2) | ||
Article 8(1) | Article 14(1) | ||
Article 8(2) | Article 14(2) | ||
Article 8(3) | Article 15(1) | ||
Article 10(5)(a) and 10(5a) second subparagraphb | Article 15(2) | ||
Article 10(5a) first subparagraph | Article 15(3) | ||
Article 10(6) | Article 15(4) | ||
Article 10(7) first subparagraph | Article 15(5) | ||
Article 11 | Article 16 | ||
Article 12 | Article 17 | ||
Article 18 | |||
Annex Ic | Annex I | ||
Article 1 | Annex II | ||
Article 8(3)(a) | Annex III | ||
Article 8(3)(b) | Annex IV | ||
Annex Ia | Annex V | ||
Annex Ib | Annex VI | ||
Annex Ic | Annex VII | ||
Annex III | Annex VIII | ||
Annex IX |
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