9. 10. 86 Official Journal of the European Communities No L 286/1 I (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 3069/86 of 7 October 1986 amending Regulation (EEC) No 1430/79 on the repayment or remission of import or export duties / THE .COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 43 and 235 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parli- ament (%), Having regard to the opinion of the Economic and Social Committee (°), “Whereas, in accordance with Council Regulation (EEC) No 1430/79 (%), as last amended by Regulation (EEC) No 918/83 (%), repayment or remission of import duties rela- ting to goods is conditional in certain cases on the goods in question being re-exported out of the customs territory of the Community, or destroyed, under the supervision of the competent authorities ; Whereas, where the persons concerned have failed to comply with the procedural requirements, they may nevertheless apply for repayment or remission under Article 13 (2) of Regulation (EEC) No 1430/79, inserted into the said Regulation by Regulation (EEC) No 1672/82 (%) ; whereas, as the texts stand at present, the application for repayment or remission must be sent to the Commission which is alone authorized to decide ; Whereas experience has shown that there is no reason why responsibility for deciding on such applications for repayment or remission cannot be assumed by the Member States themselves, provided it is established that, where the procedural requirements have not been observed, the substantive conditions laid down for repay- ment or remission have been met and that the circum- () OJ No C 22, 24. 1. 1985, p. 10. () O] No C 229, 9. 9. 1985, p. 108. () O] No C 169, 8. 7. 1985, p. 9. () OJ No L 175, 12. 7. 1979, p. 1. () OJ No L 105, 23. 4. 1983, p. 1. (9 OJ No L 186, 30. 6. 1982, p. 1. stances are such that no deception or serious negligence may be attributed to the person concerned; whereas Article 13 should be amended accordingly; Whereas the opportunity shall be taken to set a time limit for submission of an application for the repayment or remission of import duties on the basis of Article 13; Whereas this time limit and those laid down in the second subparagraph of Article 3 (2), the second subpara- graph of Article 5 (2), the second subparagraph of Article 10 (2) and the second subparagraph of Article 13 (2) may be exceeded only in duly justified exceptional cases; whereas Article 19 therefore applies only to the time limit referred to in Article 2; whereas the text should conse- quently be simplified by amending Article 2 and deleting Article 19; Whereas experience acquired since the entry into force of Regulation (EEC) No 1430/79 has also shown that a further case must be added to Article 10, which lists the cases in which import duties shall be repaid or remitted where they relate to goods in a special situation, the addi- tional case being that of goods which, after having been released for free circulation, are found by the competent authorities not to have complied, at the time of their release, with the rules in force concerning their use or marketing and which therefore cannot be used for the purpose intended by the consignee ; Whereas it has proved necessary to extend the Commu- nity procedure for adopting the measures implementing Regulation (EEC) No 1430/79 to the whole of that Regu- lation ; Whereas it is necessary to stipulate that Regulation (EEC) No 1430/79 shall apply without prejudice to Article 16 of Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (), () OJ No L 201, 30. 7. 1984, p. 1.