No L 379/29 28. 12. 89 Official Journal of the European Communities COMMISSION REGULATION (EEC) No 3947/8% . of 20 December 1989 amending Regulation (EEC) No 3665/87 as regards the grant of export refunds in the case of transshipment or transit operations within the Community of products deemed to have left the customs territory of the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (!), as last amended by Regulation (EEC) No 3707/89 (3, and in particular Article 16 (6) thereof, and to the corresponding provisions of the other Regulations on the common organization of the markets - in agricultural products, Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting export refunds on cereals and criteria for fixing the amount of such refunds (°), and ‘in particular the second subparagraph of Article 8 (2) and Article 8 (3) thereof, and to the corresponding provisions of the other Regulations laying down general rules on the grant of export refunds for agricultural products, Whereas in some instance a refund .may be claimed .in respect of products which have been exported and which have left the customs territory of the Community, but which are returned for the purposes of transshipment or a transit operation before reaching a final destination outside the said territory; whereas such returns may. conceivably also occur for reasons other than. transport requirements, and more particularly for the purpose of speculation from: the customs territory of the Community ; whereas in such cases the purpose.of the time limit specified in Article 4 and Article 32 (1) of Commission Regulation (EEC) No - 3665/87  of 27 November 1987 laying down common detailed rules for the application of the system of export :refunds on agricultural “products (¥), as last amended by Regulation (EEC) No 3993/88 (%), is undermined ; whereas, in order to avoid such situations, there is:a need to. define clearly the conditions under which such returns may. take place; Whereas the Management Committees concerned have not delivered an opinion within the limit laid down by their chairmen, () OJ No L 281, 1. 11. 1975, p. 1. () OJ No L 363, 13. 12. 1989, p. 1. () OJ No L 281, 1. 11. 1975, p. 78. () OJ No L 351, 14. 12. 1987, p. 1. () OJ No L 354, 22. 12. 1988, p. 22. HAS ADOPTED THIS REGULATION : Article 1 The following Article is inserted in Regulation (EEC) No 3665/87 : ‘Article 6a 1.  For the purpose of the granting of a refund in the case of export by sea, the following special provisions shall apply: - (a) When the control copy referred to in Article 6 or the national document showing that the product has left the customs territory of the Community has been endorsed by the competent authorities, the product may not, except-in cases of force majeure, remain for the purposes of transshipment in one or more other ports located within the customs territory of the Community for more than 28 days. (b) The 28-day time limit in subparagraph (a) shall not apply in cases where the products left the last port within the customs territory of the Community within the initial 60-day ‘period. (c) The refund shall be paid subject to: — a declaration by the exporter-that the product is not to be transshipped in another port,or — the production of proof to the paying agency of compliance with  the provisions of subparagraph (a). This™ proof shall include the transport document(s), or a copy or photocopy thereof covering the products from its departure from the first port at which the said documents were endorsed up to-its arrival in the third country in which the product is to be unloaded. The declarations -reférred to in- the first indent shall be subject to appropriate spot checks by the paying agency, for the purpose of which the means of proof referred to in the second indent shall be required.- (d)'As- an alternative to the conditions in subparagraph (c), the Member State of departure may stipulate. that the control copy referred to in Article 6 or the national document showing that the product has left the customs territory of the Community is to be accepted only on production of a transport document indicating a final destination outside the customs territory of the Community.