13! 12. 86 Official Journal of the European Communities No L 352/19 COMMISSION REGULATION (EEC) No 3799/86 of 12 December 1986 laying down provisions for the implementation of Articles 4a, 6a, 11a and 13 of Council Regulation (EEC) No 1430/79 on the repayment or remission of import or export duties THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1430/79 of 2 July 1979 on the repayment or remission of import duties ('), as last amended by Regulation (EEC) No 3069/86 () and in particular Article 25 (2) thereof, Whereas Commission Regulation (EEC) No 1575/80 (%) laid down provisions for the implementation of Article 13 of Regulation (EEC) No 1430/79 ; whereas those provi- sions consist mainly of procedural rules under which applications for repayment or remission must be forwarded by the appropriate authorities of the Member States to the Commission and processed by the latter; whereas a Commission decision is required in every case ; Whereas experience has shown that in certain specific situations the conditions for authorizing repayment or remission of duties are always met ; whereas on the other hand, other situations cannot in themselves be considered special situations constituting grounds for repayment or remission ; Whereas a precise definition of those different situations should make it possible to transfer to the appropriate authorities of the Member States responsibility for deci- ding whether or not repayment or remission of duties should be authorized each time such a situation arises ; whereas, on the other hand, all other cases should continue to be referred to the Commission in order to ensure uniform application of Article 13 of Regulation (EEC) No 1430/79; Whereas the provisions laid down for the implementation of Article 13 of Regulation (EEC) No 1430/79 should consequently be amended; Whereas, moreover, Regulation (EEC) No 3069/86 inserted into Regulation (EEC) No 1430/79 an Article 4a, an Article 6a and an Article 11a defining the conditions under which import duties could be repaid or remitted when the procedural requirements laid down respectively in Articles 4, 6 and 11 of the said Regulation had not () OJ No L 175, 12. 7. 1979, p. 1. () OJ No L 286, 9. 10. 1986, p. 1. () OJ No L 161, 26. 6. 1980, p. 13. been complied with ; whereas, in order to ensure uniform application of new Articles throughout the Community, certain concepts to which they refer should be clarified ; Whereas it is desirable, for the sake of clarity, to set out in a new Commission Regulation all the provisions hence- forth applicable for the practical implementation of Articles 4a, 6a, 11a and 13 of Regulation (EEC) No 1430/79 and, consequently, to repeal Regulation (EEC) No 1575/80 ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Duty Free Arrangements, HAS ADOPTED THIS REGULATION : Article 1 1. This Regulation lays down provisions for the imple- mentation of Articles 4a, 6a, 11a and 13 of Regulation (EEC) No 1430/79 hereinafter referred to as the ‘basic Regulation’. 2. For the purpose of this Regulation ‘decision-making authority’ means the authority competent to decide on an application for repayment or remission of import or export duties in the Member State where the duties to which the said application relates were entered in the accounts. TITLE I REPAYMENT OR REMISSION OF IMPORT DUTIES A. Provisions for the implementation of Articles 4a, 6a and 11a of the basic Regulation Article 2 For the purposes of Articles 4a (1) (b), 6a (1) (b) and 11a (1) (b) of the basic Regulation : (a) ‘person concerned’ means the person referred to in the first paragraph of Article 15 of the basic Regulation, as well as, if necessary, any other person who is involved in the completion of customs formalities for the goods concerned or who has given the necessary instructions for the completion of such formalities ;