1980R0565 — EN — 01.10.1983 — 001.001 — 1
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►B COUNCILREGULATION(EEC)No565/80
of4March1980
ontheadvancepaymentofexportrefundsinrespect ofagricultural products
(OJ L 62, 7.3.1980, p. 5)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 2026/83 of 18 July 1983 L 199 12 22.7.1983
▼B
COUNCILREGULATION(EEC)No565/80
of4March1980
on the advance payment of export refunds in respect of agricul-
turalproducts
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October
1975 on the common organization of the market in cereals(
1), aslas t
amended by Regulation (EEC) No 1547/79(2), and in particular Article
16 (5) thereof, and the corresponding provisions of the other Regula-tionson the common organization of the market in res pect of
agricultural products,
Having regard to the proposal from the Commission,
WhereasCouncil Regulation (EEC) No 441/69 of 4 March 1969 laying
down additional general rulesfor granting export refundson productssubject to a single price system, exported unprocessed or in the form
of certain goodsnot covered by Annex II to the Treaty(
3), aslas t
amended by Regulation (EEC) No 269/78(4), hasbeen amended
several times; whereas experience has shown further amendments tobe desirable; whereas, in the interests of clarity, it is desirable to conso-lidate the rulesin ques tion;
Whereasthe Regulationslaying down general rulesfor granting export
refundson certain agricultural productsand the criteria for fixing theamount of such refunds provide that, in order for the export refund to
be paid, proof must be furnished that such products have been exported
from the Community;
Whereas, in following the principle whereby a balance is ensured
between the use of Community basic products with a view to exportingprocessed products or goods listed in Annexes B and C to Regulation(EEC) No 2682/72(
5), aslas t amended by Regulation (EEC) No 707/
78(6), to third countries and the use of basic products from such coun-
tries admitted under inward processing arrangements pursuant to
Council Directive 69/73/EEC of 4 March 1969 on the harmonization
of provisions laid down by law, regulation or administrative action inrespect of inward processing(
7), aslas t amended by Directive 76/119/
EEC(8), an amount equal to the export refund should be paid as soon
as the Community basic products, from which processed products or
goodsintended for export are obtained, are placed under cus toms
control;
Whereasproductscovered by a common market organization and
imported from third countriesmay, under certain conditions , be
brought under a customs warehousing or a free zone procedure, collec-tion of the import duties being suspended; whereas provision should bemade for payment of an amount equal to the export refund ass oon asCommunity productsor goodsintended for export are brought under
such a procedure;
Whereasthe payment of an amount equal to the export refund doesnot
in any way affect the conditionsunder which the right to an export
refund is established; whereas a security should be lodged to guarantee
the reimbursement of a sum not less than the amount paid where it issubsequently established that there was no right to the export refund or1980R0565 — EN — 01.10.1983 — 001.001 — 2
(1) OJ No L 281, 1. 11. 1975, p. 1.
(2) OJ No L 188, 26. 7. 1979, p. 1.
(3) OJ No L 59, 10. 3. 1969, p. 1.
(4) OJ No L 40, 10. 2. 1978, p. 7.
(5) OJ No L 289, 27. 12. 1972, p. 13.
(6) OJ No L 94, 8. 4. 1978, p. 7
(7) OJ No L 58, 8. 3. 1969, p. 1.
(8) OJ No L 24, 30. I. 1976, p. 58.
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that the products or goods to which these measures were applied were
not actually exported from the Community within the time limitslaiddown,
HAS ADOPTED THIS REGULATION:
Article 1
ThisRegulation laysdown general rulesfor paying in advance of
export an amount equal to the export refundson the productscovered
by the following Regulations:
— Regulation No 136/66/EEC (oilsand fats ),
— Regulation (EEC) No 804/68 (milk and milk products),— Regulation (EEC) No 805/68 (beef and veal),— Regulation (EEC) No 727/70 (raw tobacco),— Regulation (EEC) No 1035/72 (fruit and vegetables),— Regulation (EEC) No 3330/74 (sugar),
— Regulation (EEC) No 2727/75 (cereals),
— Regulation (EEC) No 2759/75 (pigmeat),— Regulation (EEC) No 2771/75 (eggs),— Regulation (EEC) No 2777/75 (poultrymeat),— Regulation (EEC) No 100/76 (fishery products),— Regulation (EEC) No 1418/76 (rice),— Regulation (EEC) No 516/77 (products processed from fruit and
vegetables),
— Regulation (EEC) No 337/79 (wine).
Article 2
For the purpose of this Regulation:
(a) — ‘products’ means the products referred to in Article 1,
— ‘basic products’ means products intended to be exported after
processing into processed products or into goods; goodsintended to be exported after processing shall also be consid-ered as basic products;
(b) ‘processed products’ means products:
— obtained from the processing of basic products, and
— to which an export refund isapplicable;
(c) ‘goods’ means the goods listed in Annexes B and C to Regulation
(EEC) No 3035/80.
Article 3
Productsfor which a refund equal to or greater than 0 hasbeen fixed
shall be eligible to benefit from this Regulation.
Article 4
1. An amount equal to the export refund shall, at the request of the
party concerned, be paid ass oon asthe bas ic productsare placed under
customs control ensuring that the processed products or the goods will
be exported within a set time limit.
2. The arrangement provided for in thisArticle s hall apply to
processed products and goods obtained from basic products provided
that inward processing arrangements are not prohibited for comparable
products.
However, the arrangement shall not apply in exceptional cases where
the processed products or the goods are obtained from basic productswhich can be disposed of without difficulty.1980R0565 — EN — 01.10.1983 — 001.001 — 3
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3. Asregardscontrol proceduresand the rate of yield, the bas ic
products shall be subject to the same rules as apply in respect ofinward processing to products of the same nature.
However, the rates of yield to be applied for basic products used in the
manufacture of the goodslis ted in Annex C to Regulation (EEC)No 3035/80 shall be those indicated in that Annex.
4. The export refund referred to in paragraph 1 shall be:
(a) in the case of processed products, the refund applicable to the
processed product;
(b) in the case of goods, the refund specifically fixed for basic
productswhen:
— used, or
— considered, under Community provisions, to be used
for the manufacture of such goods.
5. The rate of the export refund shall, unless it is fixed in advance,
be that in force on the day on which the basic products are broughtunder customs control.
6. Where the export refund isfixed in advance, the day on which
the basic products are brought under customs control shall be the
operative date for determining any adjustment to be made to the rateof refund applicable.
7. Where the export refund varies according to use or destination,
the rate to be applied shall be the lowest rate. However, if the use ordestination is declared, the rate to be applied shall be that fixed for theuse or destination for which the processed products or the goods are
intended.
Article 5
1. An amount equal to the export refund shall, at the request of the
party concerned, be paid ass oon asthe productsor goodshave beenbrought under the customs warehousing or free zone procedure with aview to their being exported within a set time limit.
2. The arrangement provided for in thisArticle s hall apply to
products and goods intended for export without further processing
when the productsor goodsare of a kind that can be s tored.
However, the arrangement shall not apply in exceptional cases where
the products or goods concerned can be disposed of without difficulty.
3. Where the export refund varies according to use or destination,
the rate if to be applied shall be the lowest rate. However, the use ordestination is declared, the rate to be applied shall be that fixed for theuse or destination for which the products or goods are intended.
Article 6
The benefit of the arrangementsprovided for in thisRegulation s hall
be subject to the lodgment of a security guaranteeing reimbursement
of an amount equal to the amount paid, plusan additional amount.
Without prejudice to cases of force majeure , this security shall be
forfeited in whole or in part:
— where reimburs ement hasnot been made when export hasnot taken
place within the period referred to in Articles4 (1) and 5 (1), or
— if there provesto be no right to the export refund, or if there wasa
right to a smaller refund.
Article 7
The competent authoritiesof the Member Statesmay refus e to grant
the benefit of the arrangement provided for in thisRegulation if the1980R0565 — EN — 01.10.1983 — 001.001 — 4
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character of the applicant isnot s uch asto guarantee that the whole
transaction will be effected in accordance with the provisions in force.
In each Member State, this power shall be exercised in accordance with
the principlescurrently applicable in that State governing non-dis crimi-
nation between applicantsand the freedom of trade and indus try.
Article 8
If necessary, the basic products, products and goods which do not
benefit from the arrangementsprovided for in thisRegulation s hall beset out in a list to be determined.
Article 9
Regulation (EEC) No 441/69 ishereby repealed with effect from 1
April 1980. It shall, however, continue to apply to transactions enteredinto under that Regulation.
Article 10
ThisRegulation s hall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 April 1980 to basic products, products and goods
which are brought under control from that date.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1980R0565 — EN — 01.10.1983 — 001.001 — 5