2002R1176 — EN — 01.07.2002 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1176/2002
of28June2002
laying down detailed rules for exports of certain fruit and vegetables and processed fruit and
vegetable productstoEstoniaandamendingRegulations(EC)Nos1961/2001and1429/95
(OJ L 170, 29.6.2002, p. 69)
Corrected by:
►C1Corrigendum, OJ L 192, 20.7.2002, p. 62 (1176/2002)
▼B
COMMISSIONREGULATION(EC)No1176/2002
of28June2002
laying down detailed rules for exports of certain fruit and vegeta-
bles and processed fruit and vegetable products to Estonia and
amendingRegulations(EC)Nos1961/2001and1429/95
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organisation of the market in fruit and vegeta-bles(
1), as last amended by Commission Regulation (EC) No 545/
2002(2), and in particular Article 31(2) and Article 35(11) thereof,
Having regard to Council Regulation (EC) No 2201/96 of 28 October
1996 on the common organisation of the markets in processed fruit andvegetable products(
3), as last amended by Commission Regulation
(EC) No 453/2002(4), and in particular Article 11(2), Article 16(8)
and Article 17(5) thereof,
Whereas:
(1)Article 3 of Commission Regulation (EC) No 800/1999 of 15
April 1999 laying down common detailed rules for the applica-tion of the system of export refunds on agricultural products(
5),
as last amended by Regulation (EC) No 2299/2001(6), lays down
that, when a differentiated refund applies for a specific thirdcountry, entitlement to the refund is acquired on importation
into that third country. Articles 14, 15 and 16 of that Regulation
lay down the conditions for the payment of the refund when adifferentiated refund applies, and in particular the documents tobe presented to furnish proof of the arrival of the product atdestination.
(2)►C1Council Regulation (EC) No 1151/2002 ◄(7) establishes
concessions in the form of Community tariff quotas for certainagricultural products and provides for an adjustment, as anautonomous and transitional measure, of certain agriculturalconcessions provided for in the Europe Agreement with Estonia.
One of the concessions provided for is the abolition with effect
from 1 July 2002 of refunds on exports to Estonia of Communityproducts covered by the common organisations of the markets infruit and vegetables and processed fruit and vegetables.
(3)To prevent that concession from leading to the application of theabovementioned Articles 14, 15 and 16 of Regulation (EC) No800/1999 when refunds are granted on exports of the productsin question to other third countries, Estonia has undertaken toensure that only products not having qualified for refunds andcoming directly from the Community are allowed to be imported
into Estonia.
(4)To enable the Estonian authorities to carry out such checks,
provision should be made for the obligation when importing theproducts in question to present to the Estonian authorities, on the
one hand, a certified copy of the export licence, bearing specific
indications guaranteeing that no export refund has been grantedon the products referred to therein and, on the other, a certifiedcopy of the export declaration bearing certain specific referencesto the export licence. The detailed rules on licence arrangementsmust be complementary to or derogate from those laid down by2002R1176 — EN — 01.07.2002 — 000.001 — 2
(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 84, 28.3.2002, p. 1.
(3) OJ L 297, 21.11.1996, p. 29.
(4) OJ L 72, 14.3.2002, p. 9.
(5) OJ L 102, 17.4.1999, p. 11.
(6) OJ L 308, 27.11.2001, p. 19.
(7)►C1See page 15 of this Official Journal. ◄
▼B
Commission Regulation (EC) No 1291/2000 of 9 June 2000
laying down common detailed rules for the application of thesystem of import and export licences and advance fixing certifi-
cates for agricultural products(
1), as last amended by Regulation
(EC) No 2299/2001.
(5)Account must also be taken of those special arrangements whenapplying the abovementioned provisions of Regulation (EC) No800/1999 so as not to impose unnecessary costs on exporterstrading with third countries. To that end account should not betaken when determining the lowest rate of the refund of the fact
that an export refund has not been fixed for Estonia. The
detailed rules for the application of export refunds laid down byCommission Regulation (EC) No 1961/2001(
2) for fresh fruit
and vegetables and by Commission Regulation (EC) No 1429/95(
3), as last amended by Regulation (EC) No 1962/2001(4),
for processed fruit and vegetable products should therefore be
amended accordingly.
(6)Lastly, action should be taken to cushion the impact of theabovementioned concessions on the use of licences issued before
the entry into force of this Regulation for the grant of refunds onexports to Estonia where import operations could not becompleted before 1 July 2002. Cancellation of those licencesand reimbursement of the security in proportion to the quantities
not used should be permitted.
(7)The exact determination of the products concerned requiresreference to the agricultural product nomenclature for export
refunds laid down by Commission Regulation (EC) No 3846/87(
5), as last amended by Regulation (EC) No 1007/2002(6).
(8)The measures provided for in this Regulation are in accordancewith the opinion of the Joint Meeting of Management Commit-tees for fresh fruit and vegetables and for processed fruit andvegetables,
HAS ADOPTED THIS REGULATION:
Article 1
Exports to Estonia of the products listed in Annex I shall be subject to
the presentation of the following documents to the competent Estonianauthorities for each consignment:
(a) a certified copy of the export licence, hereinafter referred to as the
‘licence’, issued in accordance with Regulation (EC) No 1291/2000subject to Article 2 of this Regulation and
(b) a duly endorsed copy of the export declaration with, in box 44, a
reference to the serial number of the corresponding licence.
Such exports shall not qualify for a refund. They shall not have been
exported previously to another third country.
Article 2
1. Licence applications and licences shall contain the following
entries:
(a) in box 7 ‘Estonia’ and the word ‘yes’ marked with a cross;
(b) in box 20 one of the following entries:
— Exportación a Estonia. Reglamento (CE) n
o►C11176/
2002◄2002R1176 — EN — 01.07.2002 — 000.001 — 3
(1) OJ L 152, 24.6.2000, p. 1.
(2) OJ L 268, 9.10.2001, p. 8.
(3) OJ L 141, 24.6.1995, p. 28.
(4) OJ L 268, 9.10.2001, p. 19.
(5) OJ L 366, 24.12.1987, p. 1.
(6) OJ L 153, 13.6.2002, p. 8.
▼B
— Udførsel til Estland. Forordning (EF) nr. ►C11176/2002 ◄
— Ausfuhr nach Estland. Verordnung (EG) Nr. ►C11176/
2002◄
—Εξαγωγή στην Εσθονία. Κανονισµός (ΕΚ) αριθ.
►C11176/2002 ◄
— Export to Estonia. ►C1 ◄Regulation (EC) No
►C11176/2002 ◄
— Exportation en Estonie. Règlement (CE) no►C11176/
2002◄
— Esportazione in Estonia. Regolamento (CE) n. ►C11176/
2002◄
— Uitvoer naar Estland. Verordening (EG) nr. ►C11176/
2002◄
— Exportação para a Estónia. Regulamento (CE) n.o►C11176/
2002◄
— Vienti Viroon. Asetus (EY) N:o ►C11176/2002 ◄
— Export till Estland. Förordning (EG) nr ►C11176/2002 ◄
and the product code from the Regulation (EC) No 3846/87 nomencla-
ture.
2. Box 22 of the licence shall contain one of the following entries:
— Sin restitución por exportación
— Uden eksportrestitution— Ohne Ausfuhrerstattung
—Χωρίς επιστροφή κατά την εξαγωγή
— No export refund— Sans restitution à l'exportation— Senza restituzione all'esportazione— Zonder uitvoerrestitutie— Sem restituição à exportação— Ilman vientitukea— Utan exportbidrag.
3. Licences shall be valid only for the products and quantities indi-
cated therein.
4. Licences issued under this Regulation shall carry with them an
obligation to export to the destination indicated in box 7.
5. At the request of the party concerned, a certified copy of the
endorsed licence shall be issued.
6. The term of validity of licences shall be three months.7. Notwithstanding Article 15(2) of Regulation (EC) No 1291/2000,
the issue of a licence shall not be subject to provision of a security.
Article 3
The Member States shall notify the Commission before the tenth of
each month of the number of licences issued during the previous month
and the quantities of products concerned, broken down by code of theRegulation (EC) No 3846/87 nomenclature.
Article 4
Export licences issued before the entry into force of this Regulation
with a view to the grant of a refund under Article 35(6) of Regulation(EC) No 2200/96 or Article 16(4) of Regulation (EC) No 2201/96 for
one of the products listed in the Annex and specifying Estonia as the
destination in box 7 shall, upon application by the party concernednot later than one month after the end of the period of validity of thesaid licence, be cancelled and the amounts of the security shall bereleased in proportion to the quantities not used.2002R1176 — EN — 01.07.2002 — 000.001 — 4
▼B
Article 5
1. The following Article 7a is inserted in Regulation (EC) No 1961/
2001:
‘Article 7a
1. Where the differentiation of the refund is the result solely of a
refund not having been fixed for Estonia, and notwithstandingArticle 16 of Commission Regulation (EC) No 800/1999, proofthat customs import formalities have been completed shall not berequired for payment of the refund for products falling within CN
codes ex 0802, 0805 and 0806.
2. The fact that a refund has not been fixed for the export of
products falling within CN codes 0802, 0805 and 0806 to Estoniashall not be taken into account in determining the lowest rate of
refund within the meaning of Article 18(2) of Regulation (EC) No
800/1999.’
2. The following Article 7a is hereby inserted in Regulation (EC)
No 1429/95:
‘Article 7a
1. Where the differentiation of the refund is the result solely of a
refund not having been fixed for Estonia, and notwithstandingArticle 16 of Commission Regulation (EC) No 800/1999 (*), proofthat customs import formalities have been completed shall not be
required for payment of the refund for products falling within CN
codes 2008 and 2009.
2. The fact that a refund has not been fixed for the export of
products falling within CN codes 2008 and 2009 to Estonia shallnot be taken into account in determining the lowest rate of refund
within the meaning of Article 18(2) of Regulation (EC) No 800/
1999.
(*) OJ L 102, 17.4.1999, p. 11.’
Article 6
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 July 2002.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R1176 — EN — 01.07.2002 — 000.001 — 5
▼B
ANNEX
List of fruit and vegetables and processed fruit and vegetables not quali-
fyingforanexportrefundwhenexportedtoEstonia
Without prejudice to the rules for the interpretation of the combined nomencla-
ture, the description of the products is deemed to be indicative only. The scope
of the obligation provided for in Article 1 of this Regulation is, for the purposes
of this Annex, determined by the scope of the CN codes as they exist at the time
of the adoption of this Regulation. Where ‘ex’ appears before the CN code, the
scope of the obligation provided for in Article 1 of this Regulation is determined
both by the scope of the CN code and that of the code within the meaning of
Regulation (EC) No 3846/87.
CN code Description(Regulation (EC)
No 3846/87 code)
ex 080212 Sweet almonds, shelled 080212909000
08022100 Hazelnuts or filberts ( Corylusspp.) 080221009000
08022200 080222009000
08023100 Common walnuts, in shell 080231009000
ex 08051010 Oranges 080510109100
ex 08051030 080510309100ex 08051050 080510509100
ex 08055010 Lemons 080550109100
ex 08061010 Fresh table grapes 080610109100
ex 20081919 Hazelnuts or filberts, prepared or
preserved200819199100
ex 20081999 200819999100
ex 20091199 Orange juice 200911999110
ex 20091200 200911999150ex 20091998 200912009111
200919989112
2009199891502002R1176 — EN — 01.07.2002 — 000.001 — 6