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Council Regulation (EEC) No 4057/86 of 22 December 1986 on unfair pricing practices in maritime transport article 13 CELEX: 31986R4057 General provisions on duties
1. Redressive duties shall be imposed on the foreign shipowners concerned by regulation. 2. Such regulation shall indicate in particular the amount and type of duty imposed, the commodity or commodities transported, the name and the country of origin of the foreign shipowner concerned and the reasons on which the Regulation is based. 3. The amount of the duties shall not exceed the difference between the freight rate charged and the normal freight rate referred to in Article 3 (c). It shall be less if such lesser duty would be adequate to remove the injury. 4. (a)
Duties shall be neither imposed nor increased with retroactive effect and shall apply to the transport of commodities which, after entry into force of such duties, are loaded or discharged in a Community port.
(b) |
Council Regulation (EEC) No 4057/86 of 22 December 1986 on unfair pricing practices in maritime transport article 13 CELEX: 31986R4057 However, where the Council determines that an undertaking has been violated or withdrawn, the redressive duties may be imposed, on a proposal from the Commission, on the transport of commodities which were loaded or discharged in a Community port not more than 90 days prior to the date of application of these duties, except that in the case of violation or withdrawal of an undertaking such retroactive assessment shall not apply to the transport of commodities which were loaded or discharged in a Community port before the violation or withdrawal. These duties may be calculated on the basis of the facts established before the acceptance of the undertaking. 5. Duties shall be collected by Member States in the form, at the rate and according to the other criteria laid down when the duties were imposed, and independently of the customs duties, taxes and other charges normally imposed on imports of goods transported. 6. Permission to load or discharge cargo in a Community port may be made conditional upon the provision of security for the amount of the duties. |