L 295/2 Official Journal of the European Communities 29. 10. 97 COMMISSION REGULATION (EC) No 2114/97 of 28 October 1997 amending Regulation (EEC) No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals ('), as last amended by Commission Regulation (EC) No 1923/96 (3), and in particular Article 13 (11) thereof, and to the corresponding provisions of the other Regulations on the common organization of the markets in agricultural products, Whereas Article 5 of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products (}), as last amended by Regulation (EEC) No 2026/83 (%, stipu- lates that an amount equal to the export refund is to be paid as soon as the products or goods have been brought under the customs warehousing or free zone procedure; whereas once the payment declaration has been accepted, it should be possible to transport such products or goods to a Member State other than that in which payment is made, for storage and subsequent export; whereas provi- sion should be made for a TS control copy to accompany the products or goods in order to furnish proof of depar- ture from the Community; whereas, in order to prevent risks of duplicate payment, the export declaration should be endorsed with certain entries informing the paying agency of the Member State where the export declaration is accepted that the procedure for paymet of the refund has already been commenced; Whereas, under the existing customs rules, where products for which the refund is paid in advance are placed in a free zone, an export declaration must be made when the products leave that zone; whereas the con- sequences should be drawn and it should be laid down that only products placed under the customs warehousing procedure in one Member State may be transported to another Member State for storage under the customs warehousing procedure; Whereas Commission Regulation (EEC) No 3665/87 (%), as last amended by Regulation (EC) No 815/97 (%), should be amended accordingly; ) OJ L 181, 1. 7. 1992, p. 21. ) O] L 126, 24. 5. 1996, p. 37. () OJ L 62, 7. 3. 1980, p. 5. (% OJ L 199, 22. 7. 1983, p. 12. OJ L 351, 14. 12. 1987, p. 1. OJ L 116, 6. 5. 1997, p. 22. Whereas the measures provided for in this Regulation are in accordance with the opinions of all the Management Committees concerned, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 3665/87 is hereby amended as follows: 1. Article 28 (6) is deleted. 2. The following Article 28a is inserted: Article 28a 1. Products and goods placed under the customs warehousing procedure in the Member State where the payment declaration is accepted may be transported to another Member State for storage under the customs warehousing procedure and shall be subject in par- ticular to the provisions of this Article. In order to identify products and goods on dispatch from one Member State to another, the means of trans- port or packages used for transport must be sealed in accordance with Article 349 of Regulation (EEC) No 2454/93. 2. In cases as referred to in paragraph 1, proof that the products have left the customs territory of the Community or reached the destination laid down shall be furnished by presentation of the TS control copy. (a) Box 104 of the control copy shall be completed with one of the following entries under the heading ‘Other”: — Pago anticipado de la restitucién — Regla- mento (CEE) n° 3665/87, articulo 28 &is. Decla- racion de exportacidon que debe ser presentada, a mas tardar, el ... (fecha limite establecida para el plazo contemplado en el apartado 5 del arti- culo 28) — Forudbetaling af restitutionen — Artikel 28a i forordning (EQF) nr. 3665/87. Udferselsangi- velsen skal indgives senest den ... (dato fastsat efter den i artikel 28, stk. 5, omhandlede frist) — Vorfinanzierung der Erstattung — Artikel 28a der Verordnung (EWG) Nr. 3665/87. Die Ausfuhranmeldung ist bis spitestens ... vorzu- legen (durch die Frist gemifi Artikel 28 Absatz 5 festgelegter Schlufitermin)