Keywords
Summary

Keywords

AGRICULTURE - MONETARY COMPENSATORY AMOUNTS - COMMUNITY RULES - SPHERE OF APPLICATION - RELATIONSHIP BETWEEN TRADER AND THE PARTY WITH WHOM HE CONTRACTS - EXCLUSION

( REGULATION NO 974/71 OF THE COUNCIL , AS AMENDED BY REGULATION NO 509/73 )

Summary

THE EFFECT OF THE PROVISIONS OF REGULATION NO 974/71 , AS AMENDED BY REGULATION NO 509/73 AND OF COMMUNITY RULES IN THE AGRI-MONETARY SECTOR IS THAT THE TRADER WHO CARRIES OUT THE CUSTOMS FORMALITIES RELATING TO THE IMPORT OR EXPORT RECEIVES OR PAYS , AS THE CASE MAY BE , THE MONETARY COMPENSATORY AMOUNT . THESE PROVISIONS ARE CONCERNED ONLY WITH THE RELATIONSHIP BETWEEN THAT TRADER AND THE PUBLIC AUTHORITY WHICH LEVIES OR GRANTS THE MONETARY COMPENSATORY AMOUNT .

HENCE THE QUESTION WHETHER THE GAIN DERIVED FROM A MONETARY COMPENSATORY AMOUNT MUST BE REPAID BY THE TRADER WHO CARRIES OUT THE CUSTOMS FORMALITIES TO THE PARTY WITH WHOM HE CONTRACTS COMES WITHIN THE SPHERE OF CONTRACTUAL RELATIONS AND NOT OF COMMUNITY LAW .