2000R0238 — EN — 29.01.2000 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 238/2000
of 28 January 2000
amending Regulation (EC) No 1222/94 laying down common detailed rules for the application of
the system of granting export refunds on certain agricultural products exported in the form ofgoodsnotcoveredbyAnnexItotheTreaty,andthecriteriaforfixingtheamountofsuchrefunds
(OJ L 24, 29.1.2000, p. 45)
Corrected by:
►C1Corrigendum, OJ L 37, 12.2.2000, p. 35 (238/2000)
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COMMISSION REGULATION (EC) No 238/2000
of 28 January 2000
amending Regulation (EC) No 1222/94 laying down common
detailed rules for the application of the system of granting exportrefunds on certain agricultural products exported in the form ofgoods not covered by Annex I to the Treaty, and the criteria for
fixing the amount of such refunds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December
1993 laying down the trade arrangements applicable to certain goodsresulting from the processing of agricultural products(
1), as last
amended by Commission Regulation (EC) No 2491/98(2), and in partic-
ular the first subparagraph of Article 8(3) thereof,
Whereas:
(1)It is necessary to clarify the provisions of Articles 6, 6a to 6i and
7 of, and Annex F to, Commission Regulation (EC) No 1222/94of 30 May 1994 laying down common detailed rules for theapplication of the system of granting export refunds on certainagricultural products exported in the form of goods not coveredby Annex I to the Treaty and the criteria for fixing the amount ofsuch refunds(
3), as last amended by Regulation (EC) No 1702/
1999 (4).
(2)It is expedient to stipulate that the certificate provided for inArticle 6 of Regulation (EC) No 1222/94 is not transferable.
(3)In order to ensure that certificates relating to goods exportedduring a transitional period of seven months from 1 March 2000to 30 September 2000 are administered on a sound basis, onlyone advance fixing should be allowed per certificate during thatperiod. Moreover, it should be stated that this advance fixingapplies to all rates in force on the date of the application.
(4)The conditions for the release of the security pertaining to certi-ficates subject to Commission Regulation (EEC) No 2220/85 of22 July 1985 laying down common detailed rules for the applica-tion of the system of securities for agricultural products(
5), as
last amended by Regulation (EC) No 1932/1999 (6), should be
clarified.
(5)During the transitional period, the Commission must be able totake measures if it considers that there is a danger that theEuropean Union will not meet its international obligations.
(6)Certain phrases should be rewarded, certain methods of calcula-tion and regulatory references concerning certificates should berevised, and it should be stipulated that certain paragraphs do notapply to the transitional period. A clear distinction should also bemade between the various statistical communications. Moreover,detailed rules on applying for and issuing certificates and extractsthereof should be laid down.
(7)The conditions under which refunds can be paid for exports notcovered by a certificate should be specified.
(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 309, 19.11.1998, p. 28.
(3) OJ L 136, 30.5.1994, p. 5.
(4) OJ L 201, 31.7.1999, p. 30.
(5) OJ L 205, 3.8.1985, p. 5.
(6) OJ L 240, 10.9.1999, p. 11.
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(8)In order to enable the Commission to ensure that the international
commitments of the European Union, as currently notified,cannot be exceeded, the procedure whereby the certificates aredischarged should be stipulated.
(9)With a view to harmonising the use of certificates within theEuropean Union, certain of their characteristics should be speci-fied particularly as regards the application of Commission Regu-lation (EEC) No 3719/88 of 16 November 1988 laying downcommon detailed rules for the application of the system of importand export licences and advance fixing certificates for agricul-tural products(
1), as last amended by Regulation (EC) No 1127/
1999 (2).
(10)The Management Committee on horizontal questions concerningtrade in processed agricultural products not listed in Annex I didnot deliver an opinion within the time limit laid down by itschairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1222/94 is hereby amended as follows:
1. In the second subparagraph of Article 6(1) and the second subpara-
graph of Article 6h(1), ‘food aid operation' is replaced by ‘inter-national food aid operation within the meaning of Article 10(4) ofthe Agreement on Agriculture under the Uruguay Round'. In thefirst paragraph of Article 6d ‘food aid operations' is replaced by‘international food aid operations within the meaning of Article10(4) of the Agreement on Agriculture under the Uruguay Round'.
2. Article 6(3) is replaced by the following:
‘3. The certificate shall not be transferable. It shall be used by
the holder.'
3. Article 6a(2) is replaced by the following:
‘2. The party concerned may request advance fixing of the
refund rates in force on the day of lodging of the application. Inthat case, the advance fixing concerns all the applicable refundrates. The application for advance fixing may be lodged under theconditions in Annex F either at the time of application for thecertificate or on or after the day of issue of the certificate but beforethe last day of validity thereof.
The advance fixing shall not apply to goods exported before the
date of the application.'
4. Article 6a(4) is replaced by the following:
‘4. The obligations referred to in paragraph 3 shall be primary
requirements for the purposes of Article 20 of Regulation (EEC) No2220/85.
The primary requirement shall be considered to have been fulfilled
if the exporter has transmitted the specific application(s) relating togoods exported during the period of validity of the certificate inaccordance with the conditions laid down in Section VI of AnnexF. Where the specific application is not the export declaration, itmust be lodged within three months of the date of acceptance of theexport declaration, except in case of force majeure .
Proof that the primary requirement has been fulfilled shall be
provided by means of the presentation to the competent authority ofcopy 1 of the duly recorded certificate, in accordance with theprovisions of Section VI of Annex F. This proof must be presented
(1) OJ L 331, 2.12.1988, p. 1.
(2) OJ L 135, 29.5.1999, p. 48.
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by the end of the ninth month following the end of the period of
validity of the certificate.'
5. Article 6b(3)(f) is replaced by the following:
‘(f) the amounts for which certificates valid during the budget
period concerned have been issued.'
6. The first subparagraph of Article 6b(6) is replaced by the following:
‘6. If a reduction coefficient is set by the Commission, certi-
ficates may be issued for the amount requested multiplied by 1minus the reduction coefficient set, as provided for in paragraph 5.'
7. The following subparagraph is added to Article 6b(8):
‘Where the Commission considers that there is a danger that the
European Union may not meet its international commitments, itmay suspend the issue of certificates and, if necessary, apply areduction coefficient to applications for certificates already lodged.'
8. Article 6b(11) is replaced by the following:
‘11. The provisions of paragraphs 1 to 5, 9 and 10 shall apply
from 15 July 2000.'
9. The following two subparagraphs are added to Article 6b(2):
‘Where the rates of refund for goods exported after 1 March 2000
and before 30 September 2000 are fixed in advance, those ratesshall apply until the end of the period of validity of the certificate.
Applications for advance fixing shall be made in accordance with
section II of Annex F.'
10. In the last paragraph of Article 6d, ‘the day determined by Article
10a(2) of Regulation (EC) No 174/1999' is replaced by ‘the daydetermined by Article 13(2) of Regulation (EC) No 174/1999'.
11. In Article 6f(1), ‘multiplied by a coefficient equal to 1 minus the
reduction coefficient' is replaced by ‘multiplied by the reductioncoefficient'.
12. In Article 6g(2), ‘and the amounts granted after 1 January for
exports in previous budget periods'is replaced by ‘and the amountsgranted for exports in previous budget periods not previously noti-fied'.
13. Article 6g(4) is replaced by the following:
‘4. Before the 15th day of each month the Member States shall
notify the Commission of:
(a) the amounts for which certificates were returned during the
previous month in accordance with Article 6f(5);
(b) the amounts for which certificates were returned or reduced
during the previous month in accordance with Article 6f(6);
(c) the amounts for which unused certificates expired;
(d) certificates issued during the previous month as referred to in
Article 6d.'
14. The first subparagraph of Article 6h(1) is replaced by the following:
‘1. From 1 March to 30 September 2000 and for each budget
period from 1 October 2000, exports not covered by a certificatemay be eligible for payment of a refund within the limit of a totalreserve of EUR 15 million for each budget year.'
15. The first subparagraph of Article 6h(2) is replaced by the following:
‘2. The provisions of this Article shall apply to exports by
exporters who have not held a certificate since the beginning of thebudget period in question and who do not hold a certificate on thedate of export and whose total applications during the budget yearin question are less than EUR 20 000.'
16. In the second subparagraph of Article 6(h)3, ‘the Commission shall
suspend the application of paragraphs 1 and 2 of this Article' is
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replaced by ‘the Commission shall suspend the application of para-
graphs 1 and 2 to exports not covered by a certificate.'
17. Article 6i(3) is deleted.18. Article 7(7) is replaced by the following:
‘7. Refunds in respect of goods exported between 1 October and
15 October of each year may not be paid before 16 October.'
19. The first subparagraph of point I(2) of Annex F is replaced by the
following:
‘2. Applicants must complete boxes 4, 8, 17 and 18 and, where
appropriate, 7.'
20. The first indent of point I(3) of Annex F is deleted.21. The second indent of point I(3) of Annex F is replaced by the
following:
‘— where advance fixing has been applied for, this shall be indi-
cated in box 8,
— the applicant shall indicate in box 20 whether the certificate is
to be used solely for export via that Member State.'
22. In point II(2) of Annex F, the last subparagraph is replaced by the
following: ‘in box 8, the box yes must be ticked.'
23. In point II(3) of Annex F, ‘balance available under the original
certificate'is replaced by ‘amount not yet recorded on the originalcertificate on the date on which the extract is issued'.
24. In point III(1) of Annex F, the first sentence is replaced by the
following:
‘1. Copies 1 and 2 must be issued, based on the models annexed,
and are light blue in colour.'
25. In point III(1)(a) of Annex F, the first sentence is replaced by the
following:
‘(a) Box 1 must indicate the name and address of the body issuing
the certificate. Box 2 or Box 23 must indicate the number ofthe certificate allocated by the body issuing it.'
26. In point III(1)(d) of Annex F, ‘original' is deleted.27. In point IV of Annex F, the third paragraph is replaced by the
following:
‘Should the holder of such a certificate subsequently request
advance fixing of the refund rates, the holder must return theoriginal certificate and any extracts already issued. “Refund validon… (date), advance fixing on… (date), valid until… (date)”,completed as appropriate, shall be entered in box 20 of the certifi-cate.
Extracts may not be the subject of advance fixing independently of
the certificate from which they are taken.'
28. Points VI(2), (3) and (4) of Annex F are replaced by the following:
‘2. Each exporter must complete a specific application for
payment within the meaning of Article 49(1) of Commission Regu-lation (EC) No 800/1999 (*). It must be presented to the bodyresponsible for payment, accompanied by the corresponding certifi-cate or certificates except in the case of electronic registration ofthe certificate or certificates.
The competent authority may consider the specific application not
to be the payment documents referred to in Article 49(2) of Regula-tion (EC) No 800/1999.
The competent authority may consider the specific application to be
the export declaration within the meaning of Article 5(1) of Regula-tion (EC) No 800/1999. In this case, the date of receipt of thespecific application by the body responsible for payment referred toin paragraph 3 shall be the date on which that body received theexport declaration. In all other cases, the specific application mustcontain particulars of the export declaration.
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3. The body responsible for payment shall determine the amountrequested on the basis of the information contained in the specificapplication, taking as sole basis the quantity and nature of the basicproduct(s) exported and the applicable refund rate(s). These threeelements must be indicated or referred to clearly in the exportdeclaration.
The body responsible for payment shall record this amount on the
certificate within a period of three months from the date of receiptof the specific application.
(*) OJ L 102, 17.4.1999, p. 11.'
29. In Section VI of Annex F, paragraphs 5 and 6 are renumbered
paragraphs 4 and 5 respectively.
30. The models of applications for certificates and the copies for the
holder and issuing body are replaced by the models annexed tothis Regulation.
Article 2
This Regulation shall enter into force on the date of its publication
in the Official Journal of the European Communities .
It shall apply to goods exported on or after 1 March 2000.
This Regulation shall be binding in its entirety and directly applic-
able in all Member States.
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ANNEX
‘EUROPEAN COMMUNITY — REFUND CERTIFICATE — “NON-ANNEX I GOODS”
D1.Body issuing the certificate
(name and address)2. No
3.
4.Holder(name, full address and Member State) 5.
6. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
7. Destination Mandatory
YES NO
8. Advance fixing requested YES NO
APPLICATION
11. Total amount of the security
D12.First day of validity 13.Last day of validity
17. Amount covered (in figures) (in
euro)18. Amount (in letters)
20. Specific comments
22. Special conditions
Certificate for export of goods from the issuing Member State
Certificate for export of goods from all Member States
24. Place and date
Signature of applicant
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EUROPEAN COMMUNITY — REFUND CERTIFICATE — “NON-ANNEX I GOODS”
11.Body issuing the certificate (name and address) 2. Stamp and perforation
mark of the body issuingNo
the certificate
3.
4.Holder(name, full address and Member State) 5.
6. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
7. Destination Mandatory
YES NO
8.
10. Date of submission of the application for the certificate
COPY FORHOLDER
11. Total amount of the security
112.First day of validity 13.Last day of validity
17. Amount covered (in figures) (in
euros)18. Amount (in letters) 19.
20. Specific comments
21.Refund valid on Advance fixing Valid until
22. Special conditions
23. Issued at
Date NoSignature and stamp of the body issuing the certificate
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EUROPEAN COMMUNITY — REFUND CERTIFICATE — “NON-ANNEX I GOODS”
21.Body issuing the certificate (name and address) 2. Stamp and perforation
mark of the body issuingNo
the certificate
3.
4.Holder(name, full address and Member State) 5.
6. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
7. Destination Mandatory
Yes NO
8.
10. Date of submission of the application for the certificate
COPY FORISSUING BODY
11. Total amount of the security
212.First day of validity 13.Last day of validity
17. Amount covered (in figures) (in
euros)18. Amount (in letters) 19.
20. Specific comments
21.Refund valid on Advance fixing Valid until
22. Special conditions
23. Issued at
Date NoSignature and stamp of the body issuing the certificate
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RECORD SHEET
Date
of exportExport document ►(1)Amount requested ◄Balance
signature
Amount Amount
Date Signature
Amount Amount
Date Signature
Amount Amount
Date Signature
Amount Amount
Date Signature
Amount Amount
Date Signature
Amount Amount
Date Signature
Amount Amount
Date Signature
Amount Amount
Date Signature
Document continued:’
►(1)C1