1999R1702 — EN — 31.07.1999 — 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 1702/1999
of 23 July 1999
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 ofgoodsnotcoveredbyAnnexIItotheTreaty,andthecriteriaforfixingtheamountofsuchrefundsandrepealingRegulation(EC)No1223/94layingdownspecialdetailedrulesfortheapplicationofthesystemofadvance-fixingcertificatesforcertainagriculturalproductsexportedintheformof
►
C1 goods ◄not covered by Annex II to the Treaty
(OJ L 201, 31.7.1999, p. 30)
Corrected by:
►C1 Corrigendum, OJ L 11, 15.1.2000, p. 54 (1702/1999)
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▼B
COMMISSION REGULATION (EC) No 1702/1999
of 23 July 1999
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 II to the Treaty, and the criteria forfixing the amount of such refunds and repealing Regulation (EC)No1223/94layingdownspecialdetailedrulesfortheapplicationofthe system of advance-fixing certificates for certain agriculturalproducts exported in the form of ►
C1 goods ◄not covered by
Annex II to the Treaty
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 arragements 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,
(1) Whereas Article 13(1) of Council Regualtion (EEC) No 1766/92on the common organisation of the market in cereals (
3), as last
amended by Regulation (EC) No 1253/1999 (4), and the corre-
sponding articles of the Regulations on the common organisationof the markets in rice, sugar, eggs and dairy products, providethat export refunds on the agricultural products concerned may begranted only within the limits arising from agreements concludedin accordance with Article 300 of the Treaty; whereas it isnecessary to adopt the measures required to this effect byamending Regulation (EC) No 1222/94 laying down commondetailed rules for the application of the system of granting exportrefunds on certain agricultural products exported in the form ofgoods not covered by Annex II to the Treaty, and the criteria forfixing the amount of such refunds (
5), as last amended by Regula-
tion (EC) No 1352/98 (6);
(2) Whereas measures should be taken to guarantee strict compliancewith the Community’s commitments; whereas, however, thesemeasures must not be more constraining on operators than neces-sary;
(3) Whereas the agreements concluded in accordance with Article300 of the Treaty limit the amount of refund that may be grantedper budget year; whereas it must be possible to export goods notcovered by Annex I to the Treaty under conditions known before-hand; whereas, in particular, it is important to obtain the theassurance that such exports can be covered by the grant of arefund compatible with compliance with the Community’scommitments under agreements or, where this is no longerpossible, to be informed thereof well in advance; whereas theissue of certificates makes it possible to follow up refund applica-tions and guarantee to their holders that they will be able tobenefit from a refund up to the amount for which a certificate isissued, provided that they meet the other conditions for refundlaid down in the Community rules;
(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 309, 19.11.1998, p. 28.
(3) OJ L 181, 1.7.1992, p. 21.
(4) OJ L 160, 26.6.1999, p. 19.
(5) OJ L 136, 31.5.1994, p. 5.
(6) OJ L 184, 27.6.1998, p. 25.
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(4) Whereas these agreements relate to all agricultural products
exported as goods not covered by Annex I to the Treaty; whereasthese products include certain cereals exported as spirituousbeverages provided for in Article 13(5) of Regulation (ECC) No1766/92; whereas certain detailed rules for application for thesecereals are laid down in Regulation (ECC) No 2825/93 (
1), as
amended by Regulation (EC) No 3098/94 (2); whereas the grant
of refunds for all agricultural products exported as goods notcovered by Annex I to the Treaty should be subject to commonrules;
(5) Whereas Commission Regulation (EC) No 1223/94 (3), as last
amended by Regulation (EC) No 1367/1999 (4), lays down
special detailed rules for the application of the system ofadvance-fixing certificates for certain agricultural productsexported in the form of goods not covered by Annex I to theTreaty; whereas maintaining the advance-fixing system for eachbasic product making up the goods exported in the form of thegoods mentioned on the certificate is likely to lead to a signifi-cant multiplication of certificates issued and create►
C1administrative difficulties disproportionate ◄to the
objective pursued;
(6) Whereas it is therefore necessary to replace the old advance-fixing certificates by refund certificates enabling the partyconcerned, on request, to know in advance the amount of refundthat will be granted; whereas a single certificate may guaranteethe full amount of the refund for a particular export and maycover the export of several goods during the period of validity ofthe certificate; whereas this system thus enables an undertakingto cover all of its exports, within the limits compatible with theCommunity’s communitments, by a very small number of certi-ficates;
(7) Whereas applications for certificates are likely greatly to exceedthe total that can be allocated; whereas it is therefore necessary todivide the year into periods so as to guarantee that operatorsexporting goods at the end of the budget year and those exportingat the beginning of the Budget year will be able to obtain certi-ficates; whereas it is also necessary to make provision, whereappropriate, for setting a coefficient between the sum of theamounts available and the sum of the amounts applied for;
(8) Whereas certain types of exports are not subject to refund limits;whereas these should be excluded from any obligation to submita certificate;
(9) Whereas most exporters receive less than EUR 20 000 a year inrefunds; whereas all of these exports together represent only asmall part of the amounts of refund granted for agriculturalproducts exported in the form of goods; whereas it should bepossible to exempt such exports from the need to present acertificate;
(10) Whereas, some exporters take part in tenders put out byimporting third countries; whereas these exporters must be able,without penalty, to deduct the amount covered by the certificatefrom the amount they had envisaged in presenting their bid, inthe event that their bid is unsuccessful;
(11) Whereas refund certificates serve first of all to ensure compliancewith the Community’s commitments vis-à-vis the World Trade
Organisation (WTO) and may at the same time make it possibleto determine in advance the refund that may be granted foragricultural used in the manufacture of goods exported to thirdcountries; whereas in some of these respects this goal is different
(1) OJ L 258, 16.10.1993, p. 6.
(2) OJ L 328, 20.12.1994, p. 12.
(3) OJ L 136, 31.5.1994, p. 33.
(4) OJ L 162, 26.6.1999, p. 31.
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from the objectives pursued by export certificates issued for
quantities of basic products exported in the unprocessed state andsubject to commitments vis-à-vis the WTO, likewise limited in
quantity; whereas it is therefore necessary to specify whichgeneral provisions applicable to certificates in the agriculturalsector, currently laid down in Commission Regulation (ECC) No3719/88 of 16 November 1998 laying down common detailedrules for the application of the system of import and exportlicences and advance fixing certificates for agricultural prod-ucts (
1), as last amended by Regulation (EC) No 1127/1999 (2),
should apply to refund certificates;
(12) Whereas Regulation (EC) No 1352/98 amended Regulation (EC)No 1222/94 by deleting husked rice as a basic product; whereas itis therefore necessary to amend Annex C to the Regulation forpre-cooked by CN code 1904 90 10, taking account of the coeffi-cient of equivalence between husked rice and bleached rice, andto amend the basic product in column 6 of the said Annex C;
(13) Whereas sorbitol containing 2 % or less by weight of mannitolmay be obtained from isoglucose just like the same sorbitolscontaining more than 2 % mannitol; whereas it is therefore neces-sary to introduce the same subdivision for this type of sorbitol,whether coming under CN code 2905 44 11 or under CN code3824 60 11, as for all the other sobitols referred to in Annex C;
(14) Whereas in the German version in Annex E is an omissionconcerning rice flour; whereas this should be rectified with effectfrom the date on which Annex E was introduced;
(15) Whereas the coefficients for some exported non-roasted malthave been amended; whereas a distinction should also be madebetween wheat flour of durum wheat and wheat flour of commonwheat as regards the raw material used; whereas these amend-ments should be included in Annex E;
(16) Whereas the Management Committee for horizontal questionsrelating to trade in processed agricultural products not covered byAnnex I of the Treaty has not delivered an opinion within thetime limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1222/94 is hereby amended as follows:
1. The following paragraph is added to Article 1:
‘1 a. For the purposes of this Regulation:
(a) “budget period” means the period from 1 October of one year
to 30 September of the following year;
(b) “certificate” means the certificate drawn up in accordance with
Articles 6 to 6h, valid throughout the Community and issued bythe Member States to any applicant, regardless of the appli-cant’s place of establishment in the Community. The certificateshall guarantee payment of the refund, provided the conditionsin Article 7 are met. It may include advance fixing of the refundrates. The certificates shall be valid for a single budget periodonly;
(c) “the Agreement” means the Agreement on Agriculture
►
C1concluded ◄during the Uruguay Round multilateral
trade►C1negotiations ◄;
(d) “food aid” means the food aid operations the conditions laid
down in Article 10(4) of the Agreement;'
(1) OJ L 331, 2.12.1988, p. 1.
(2) OJ L 135, 29.5.1999, p. 48.
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2. Paragraph 2 of Article 5 is replaced by the following:
‘2. However, a system of fixing the rate of the refund in advance
shall be applicable.
In case where the system of advance fixing of the rate of the refund
is applied, the rate in force on the day of the lodging of the requestfor advance fixing shall be applied to exports to be effected afterthat date during the period of validity of the certificate in accord-ance with the provisions of Article 6c(2);'
3. Paragraph 3 of Article 5 is deleted.4. Article 6 is replaced by the following:
‘1. The granting of a refund for exports, effected from 1 March
2000, of agricultural products meeting the conditions in Article 7and corresponding to the cereal placed under control for the produc-tion of the spirit drinks referred to in Article 4 of Regulation (ECC)No 2825/93 shall be conditional upon production of a certificateissued in accordance with the conditions laid down in Article 6a orin Regulation (EC) No 1223/94.
The previous paragraph shall not apply to exports effected in the
course of a food aid operation, to the supplies referred to in Articles36, 40, 44 and 46(1) of Regulation (EC) No 800/1999 and to theexports referred to in Article 6h.
2. The granting of the refund under the advance fixing system
provided for in Article 5(2) shall be conditional upon production ofa certificate for advance fixing of the refunds rates.
3. The certificates may be used by the holder.4. Where the party concerned has no plans to export from a
Member State other than the Member State where the certificate hasbeen requested, the competent body may keep it, notably in theform of a computer file.
5. For the application of this Article to cereals placed under
control for the manufacture of the spirit drinks referred to in Article4 of Regulation (EC) No 2825/93, any reference made to the term“export” shall be understood as made to the placing under suchcontrol.'
5. The following Articles are added:
‘Article 6a1. The certificate shall be requested and issued for a set amount
in euros.
The application for a certificate and the certificate shall be based on
the model in Annex F.
2. The party concerned may request advance fixing of all the
refund rates in force on the day of lodging of the application foradvance fixing. The application for advance ►
C1fixing may be
lodged◄under the conditions in Annex F either at the time of
application for the certificate or from the day of granting of thecertificate but before the last day of validity thereof.
The advance fixing shall not apply to exports effected before the
day of the application.
3. Issue of a certificate shall impose an obligation on the holder
to apply for refunds equal to the amount for ►
C1which◄the
certificate has been issued on exports effected in the course of theperiod of validity of the certificate. The security referred to inArticle 6e shall be lodged to guarantee compliance with this obliga-tion.
4. The obligations referred to in this Article shall be primary
requirements for the purposes of Article 20 of Regulation (EEC) No2220/85.
Article 6b
1. Applications for certificates may be submitted:
(a) before 31 August for certificates valid from 1 October to 30
September of the following year;
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(b) before 5 November for certificates valid from 1 December to 30
September;
(c) before 5 January for certificates valid from 1 February to 30
September;
(d) before 5 March for certificates valid from 1 April to 30
September;
(e) before 5 May for certificates valid from 1 June to 30
September;
(f) before 5 July for certificates valid from 1 August to 30
September;
2. The Member States shall notify the Commission not later
than:
— 5 September of the applications for certificates referred to in
subparagraph 1(a),
— 12 November of the applications for certificates referred to in
subparagraph 1(b),
— 12 January of the applications for certificates referred to in
subparagraph 1(c),
— 12 March of the applications for certificates referred to in
subparagraph 1(d),
— 12 May of the applications for certificates referred to in
subparagraph 1(e),
— 12 July of the applications for certificates referred to in
subparagraph 1(f).
3. The Commission shall determine the amount for which certi-
ficates may be issued on the basis of the following elements:
(a) the maximum amount of refunds determined in accordance
with Article 9(2) of the Agreement
minus
(b) where appropriate, the amount exceeding the maximum
amount that may be granted during the previous budget year
minus
(c) the amount reserved to cover the exports referred to in Article
6h
minus
(d) the payments effected during the budget year relating to
exports prior to 1 March 2000
minus
(e) the payments effected during the current budget year relating
to exports during the previous budget period
minus
(f) the amounts for which certificates were issued during the
budget year concerned
plus
(g) the amount for which ►C1certificates ◄issued, as referred
to in Article 6f, have been returned
plus
(h) any under-utilisation of the reserved amount referred to in (c)
above
and
(i) any elements of uncertainty concerning some of these amounts.
4. The total amount of certificates which may be issued for each
of the periods referred to in paragraph 1 shall be:
40 % of the amount referred to in paragraph 3 for the period to in
subparagraph 1(a);
20 % of the amount referred to in paragraph 3, determined on 12
November, for the period referred to in subparagraph 1(b);
25 % of the amount referred to in paragraph 3, determined on 12
January, for the period referred to in subparagraph 1(c);
33 % of the amount referred to in paragraph 3, determined on 12
March, for the period referred to in subparagraph 1(d);
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50 % of the amount referred to in paragraph 3, determined on 12
May, for the period referred to in subparagraph 1(e);
and the amount referred to in paragraph 3, determined on 12 July,
for the period referred to in subparagraph 1(f);
5. Should the total amount of the applications
►C1received ◄for each of the periods concerned exceed the
maximum referred to in paragraph 4, the Commission shall set areduction coefficient applicable to all applications submitted beforethe dates referred to in paragraph 1 so as to comply with themaximum referred to in paragraph 4.
The Commission shall publish the coefficient in the Official
Journal of the European Communities wihin five working days of
the date referred to in paragraph 2.
6. If a reduction coefficient is set by the Commission, certi-
ficates may be granted for the amount requested multiplied by thereduction coefficient set, as provided for in paragraph 5.
In this case, applicants may withdraw their applications within five
working days of publication of the coefficient in the Official
Journal of the European Communities .
7. The Member States shall notify the Commission by 1
October, 1 December, 1 February, 1 April, 1 June and 1 Augustrespectively of the amounts of the applications for certificateswithdrawn pursuant to paragraph 6.
8. Applications for certificates may be submitted outside the
periods referred to in paragraph 1, with effect from October ofeach budget period. Applications submitted in the course of eachweek shall be notified to the Commission on the followingTuesday. The corresponding certificates may be issued from theMonday following notification provided no other measure isadopted by the Commission.
9. The certificates referred to in the previous paragraph may be
requested only if no reduction coefficient has been set under para-graph 5 and until exhaustion of the amounts referred to in para-graph 4 plus the amounts for which no certificates were actuallyissued and the amounts for any certificates returned.
10. Applications for certificates may be submitted from 15
August for exports to be effected before 1 October under theconditions laid down in paragraph 8 if amounts determined inaccordance with paragraph 3 remain available.
11.►
C1Paragraphs ◄1 to 7, 9 and 10 shall apply with
effect from 15 July 2000.
Article 6c
1. Certificates shall be valid from the date indicated on the
application for a certificate, under the conditions laid down inAnnex F.
2. Certificates shall be valid until the end of the budget period.However, if refund rates are fixed in advance, theses remain valid
until the end of the fifth month following the month in which theadvance fixing was applied for, or until the end of the period ofvalidity of the certificate if this is sooner.
Article 6d
Box 20 of applications for certificates and of certificates issued for
food aid operations shall contain ►
C1one◄of the following
indications:
— Certificado GATT — Ayuda alimentaria
— GATT-licens — fødevarehjælp— Bescheinigung GATT — Nahrungsmittelhilfe—Πιστοποιητικό GATT — Επισιτιστική βοήθεια
— GATT certificate — Food aid— Certificat GATT — Aide alimentaire— Titolo GATT — Aiuto alimentare— GATT-Certificaat — Voedselhulp
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— Certificado GATT — Ajuda alimentar
— GATT-todistus: Elintarvikeapu— GATT-licens — Livsmedelsbistånd
Article 6b shall not apply to such certificates.By way of derogation from the regulations fixing the rates of
refund applicable to the export of basic products in the form ofgoods, the rates of refund with advance fixing applied to applica-tions for certificates and certificates issued for food aid opera-tions shall be the rates applicable to other exports withoutadvance fixing of refund rates. The rates to be taken into consid-eration shall be the rates in force on the day determined as laiddown in Article 2 of Regulation (EC) No 259/98 in the case ofexports of Community food aid or the day determined by Article10a(2) of Regulation (EC) No 174/1999 in the case of exports ofmilk or milk products as national food aid.
Article 6e
Applications for certificates other than the certificates for food
aid operations referred to in Article 6d shall be valid only if asecurity equal to 25 % of the amount applied for has been lodgedunder the conditions set out in Article 14 of Regulation (EEC)No 3719/88.
The security shall be released under the conditions set out in
Article 6f.
Article 6f
1. In the event of application of the reduction coefficient
referred to in Article 6b(5), the security shall be released withoutdelay up to the amount lodged multiplied by a coefficient equalto 1 minus the reduction coefficient.
2. Should the applicant renounce the certificate, as provided
for in Article 6b(6), 94 % of the security shall be released.
3. The security shall be released in full once the holder of the
certificate has requested refunds totalling 95 % of the amount forwhich the certificate was issued.
4. Where the certificate has not been used at 95 % of the
amount for which it was issued, the security shall be retained upto 25 % of the difference between 95 % of the amount for whichthe certificate was issued and the amount actually used.
5. However, where the holder of a certificate returns it before
1 April, the amount retained, determined in accordance withparagraph 4, shall be reduced by 50 %. If the holder returns thecertificate after this period but before 15 August, the amountretained, determined in accordance with paragraph 4, shall bereduced by 25 %.
6. Holders of a certificate who produce proof of having made
a bid in response to an invitation to tender issued in an importingnon-member country referred to in Article 44 of Regulation(EEC) No 3719/88 and that the bid was unsuccessful may askthat an amount equal to the refund which they would haveobtained if the bid had been successful be waived. In this case,the certificate shall be reduced by this amount and the corre-sponding security shall be released.
Article 6g
1. Before the end of each month the Member States shall
notify the Commission of the amount of the refunds granted inthe previous month for exports effected before 1 March 2000.
2. Before 1 January each year and, for the first time before 1
January 2001, the Member States shall notify the Commission ofthe total amounts of refund which they have actually granted forexports effected in the previous budget period and the amountsgranted after 1 January for exports in previous budget periods,specifying the periods concerned.
3. For the purposes of application of the previous paragraph,
advance payments shall be considered payments. Separate noti-fication shall be given of reimbursements of refunds unduly paid.
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4. Before the 15th day of each month the Member States shall
notify the Commission of:
(a) the amounts for which certificates were returned or reduced
in accordance with Article 6f(6) or which became due duringthe previous month and which were not used;
(b) the certificates issued during the previous month as referred
to in Article 6d.
Article 6h
1. From 1 March 2000 to ►
C130 September ◄2000 and
from 1 October 2000 for each budget year, exports not coveredby a certificate may be eligible for payment of a refund withinthe limit of a total reserve of EUR 15 000 000.
However, this Article shall not apply to exports in connection
with a food aid operation nor to the supplies referred to inArticles 36, 40, 44 and 46(1) of Regulation (EC) No 800/1999.
2. The provisions of this Article shall apply only to exports by
exporters who do not hold a certificate on the day of export andwhose total applications during the budget year in question areless than EUR 20 000.
It shall be applicable only in the Member State where the goods
are manufactured or made up.
▼
C1
3. The Member States shall notify the Commission, no laterthan the fifth and the 20th day of each month, of the amounts ofthe refunds granted pursuant to this Article, from the 16th day tothe end of the previous month and from the first to the 15th dayof the current month, respectively.
▼
B
Article 6i
1. Regulation (EEC) No 3719/88 shall apply to the certificates
referred to in this Regulation, with the exception of the provi-sions concerning import certificates.
The provisions on the rights and obligations stemming from
certificates denominated in quantities shall apply mutatis
mutandis to the rights and obligations stemming from the certi-
ficates referred to in this regulation for amounts denominated ineuros, taking account of the provisions in Annex F.
2. By way of derogation from paragraph 1, the following
provisions of Regulation (EEC) No 3719/88 shall not apply to therefunds certificates referred to in this Regulation:
— Articles 9, 12, 13a, 19, 22, 30, 31, 33, 38, 41, 42 and 45,
— Article 8(2) (however, this paragraph remains applicable to
advance fixing certificates issued pursuant to Regulation (EC)No 1223/94,
— Article 8(4),— Article 16(1),— Article 34(5),
3. Article 20 of Regulation (EEC) No 3719/88 shall apply
mutatis mutantis , on the understanding that, for the purposes of
application of that Article, the holder’s representative shall beconsidered to be the transferee.
4. For the purposes of application of Article 36 of Regulation
(EEC) No 3719/88, certificates valid until 30 September may notbe extended. In this case, the certificate must be annulled for anyamounts not applied for due to force majeure .'
6. In Article 7 of Regulation (EC) No 1222/94:
(a) in paragraph 2 the second subparagraph is replaced by the
following:
‘However, if the parties concerned submit proof to the satisfac-
tion of the competent authorities that they do not hold or are notable to supply the information required concerning the condi-tions under which the goods to be exported were manufactured,and if such goods are mentioned in columns 1 and 2 of AnnexD, the party concerned shall, on express request, receive arefund, for the calculation of which the nature and quality of thebasic products to be taken in account shall be determined on the
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‘Description of goods Maize White sugar
2 5 9
‘CN code Description of goods
‘CN code Processed agricultural productCoefficient
to be
appliedBasic productbasis of the data provided by the analysis of the goods to be
exported and in accordance with the table of equivalence laiddown in Annex D. The competent authority shall determine theconditions for carrying out the analysis.';
(b) the following paragraph is added:
‘7. In the case of exports covered by a certificate issued for a
given budget year, the refunds may not be paid before the start(16 October) of the budget year concerned.'
7. In Annex C to Regulation (EC) No 1222/94:
(a) the title of column 6 is reworded ‘Bleached rice long grain'.(b) for pre-cooked rice containing no cocoa under CN code
ex 1904 90 10, in column 6 the figure 174 is►
C1replaced ◄by 120 (kg long-grain bleached rice).
(c) in the case of D-glucitol (sorbitol) in aqueous solution
containing 2 % or less by weight of D-mannitol calculated onthe D-glucitol content under CN codes 2905 44 11 or3824 60 11, the following subdivision is added to columns 2, 5and 9:
— obtained from amylaceous products 169 (7)
— obtained from sucrose 71 (7)'
8. In columns 1 and 2 of Annex D, CN codes 2106 10 90 and
2106 90 99 are replaced by the following:
2106 10 80 – – other
2106 90 – other
– – other
2106 90 98 – – – other'
9. Concerns the German version only
10. In Annex E:
(a) The lines concerning CN code 1101 00 are replaced by the
following:
1101 00 11 Wheat flour of durum wheat with an ash
content, per 100 g, of:
— 0 to 900 mg 1,33 durumwheat
— 901 to 1 900 mg 1,09 durumwheat
1101 00 15
and1101 00 90 Wheat flour of common wheat or meslin withan ash content, per 100 g, of:
— 0 to 900 mg 1,33 commonwheat
— 901 to 1 900 mg 1,09 commonwheat'
(b) The coefficients for the following products are amended as follows:
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‘CN-code Processed agricultural productCoefficient
to be
appliedBasic product
1107 10 19 Malt of wheat, not roasted, in another form 1,27 common
wheat
1107 10 99 Malt of other cereals, not roasted, in another
form1,27 barley
1107 20 00 Roasted malt 1,49 barley'
11. Annex F, as annexed to this Regulation, is added.
Article 2
1. Regulation (EC) No 1223/94 is hereby repealed with
►C1effect◄from 1 March 2000.
2. Advance fixing certificates requested from the date of entry into
force of this Regulation to 29 February 2000 shall be valid until thatdate.
Article 3
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply to exports with effect from 1 March 2000.However:
— Article 2 shall apply with ►
C1effect◄from the date of entry
into force of this Regulation. It shall not apply to applications forcertificates submitted before that date,
— Article 1(9) shall apply, on request by the party concerned, with
effect from 1 January 1996,
— The certificates referred to in Article 1(5) may be requested with
effect from 1 December 1999.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEX
‘Annex F
I.Applications for certificates
1. Applications for a certificate shall be made on a form conforming to the
model appended.
However, until 31 December 2000 Member States may provide that
applications for a certificate and the certificate be made on forms inaccordance with Annex I to Regulation (EEC) No 3719/88 in compli-ance with the conditions in point 3 below.
If the person concerned has no plans to effect exports via a Member
State other than the one in which the application for a certificate issubmitted, an application may be made electronically in accordance►
C1with◄the conditions laid down by the Member State.
2. Applicants must complete boxes 4, 10, 17, 18 and, where appropriate, 7
and 21. In the case of the certificates referred to in Article 6b(1)applicants must indicate the first day of validity of the certificate in box12.
In box 22 applicants must state whether they plan to use the certificate
in the Member State which issued it only or whether they require acertificate valid throughout the Community.
Applicants must enter the place and date of application in box 24 and
sign the application.
In applications for a certificate for food aid they must also complete box
20, entering one of the indications mentioned in Article 6d.
3. If an application for a certificate is made on a form conforming to
Annex I to Regulation (EEC) No 3719/88, the provisions of point 2shall apply, except for the following:
— box 10 (non-existent) need not be completed,
— any indication of the application for advance fixing shall be entered
in box 20 instead of box 21 (non-existent); the applicant shall alsoindicate in this box whether the certificate is applied for solely forexport via that Member State,
— in boxes 17 and 18 the amount shall be entered in euro,— in box 13 the applicant shall enter the words “goods not covered by
Annex I”,
— boxes 14 to 16 need not be completed.
II.Application for advance fixing — request for extracts
1.Application for advance fixing at the time of the application for certifi-
cate
See Section I (applicants must complete box 21).
2.Application for advance fixing after the application for certificate
In this case, the party concerned must complete an application by
entering:
in boxes 1 and 2, the name of the body which issued the refund
certificate for which advance fixing is requested and the number of thecertificate;
in box 4, the name of the holder of the certificate;in box 21, the date of submission of the application for advance fixing.
3.Request for extracts
Any holder of a certificate may request an extract from the certificate
for an amount not exceeding the balance available under the originalcertificate, particularly if the holder plans to effect exports for which noapplication for a refund will be submitted in the Member State whichissued the certificate. In this case, the amount for which an extract isrequested is recorded on the original certificate and an extract is issued,based on an application containing the following information:
1999R1702 — EN — 31.07.1999 — 000.001 — 13
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in boxes 1 and 2, the name of the body which issued the refund
certificate from which an extract is requested and the number of theoriginal certificate;
in box 4, the name of the holder of the certificate;in boxes 17 and 18, the amount of the extract requested in euros.
III.Issue of certificates with advance fixing and usable throughout the
Community and of extracts from certificates
1. Copies 1 and 2 must be issued, based on the models annexed.
(a) Boxes 1 and 2 must indicate the name and address of the body
issuing the certificate and the number which it allocated to thecertificate. In the case of extracts from a certificate, “EXTRACT” inbold font and capitals must be entered in box 3.
(b) Box 4 must indicate the name and full address of the holder.(c) Box 6 must be crossed out.(d) Box 10 must indicate the date of submission of the application for
the original certificate and box 11 the amount of the security calcu-lated as laid down in Article 6e.
(e) Box 12 must indicate the first day of validity determined as laid
down in Article 6b(1) or 6b(8), as appropriate.
(f) Box 13 must indicate 30 September following the date entered in
box 12.
(g) Box 17 must be completed by the competent authority based on the
amount determined as laid down in Article 6b. Boxes 18 and 23must be completed.
(h) Boxes 20 and 22 must indicate any details provided for in the
application.
(i) Box 21 must be completed as laid down in the application.
2. If the certificate is issued in accordance with Annex I to Regulation
(EEC) No 3719/88, the provisions of point 1 shall apply, account beingtaken of the following provisions:
— in box 13 (product to be exported) the words “goods not covered by
Annex I” shall be added;
— boxes 6 and 14 to 16 shall be crossed out;— in boxes 17 and 18 the quantity in tonnes shall be replaced by the
amount in euros;
— in box 20 the words “certificate valid from (date)” shall be added;— the words “valid until (date)” shall be entered in box 21.
IV.Issue of certificates without advance fixing and usable throughout the
Community
These certificates must be completed in the same way as the certificates
referred to in Section III.
Box 21 must be crossed out.Should the holder of such a certificate subsequently request advance fixing
of the refund rates, the holder must return the original certificate. A newcertificate must be issued in this case, based on the balance available underthe original certificate.
V.Registered certificates valid in a single Member State
If the holder of a certificate has no plans to request refunds under the
certificate from any body other than the body which issued it, the MemberState must inform the applicant that the request has been registered andprovide the applicant with the information supplied on copy 1.
Copy 2 (copy for the issuing body) is not issued. Instead, the competent
authority records all the information from the certificates referred to inSections III and IV and the amounts claimed under the certificate.
VI.Use of certificates
1. At the time of completion of the export formalities, “HA1” and the
number of the certificate or certificates used to cover the refund applica-tion must be entered in box 44 of the single administrative document.
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If a customs document other than the single administrative document is
used, the national document must indicate the number or numbers of thecertificates to be settled and contain a statement that the exports arecovered by the refund scheme for non-Annex I goods.
2. Applicants for refunds must complete the customs document or form
designated by the body responsible for payment of the refunds. Thisform must contain all the information necessary to identify the applicantand the goods exported (their registration number, where appropriate)and the quantity thereof.
It must also indicate:
— the reference number of the customs document certifying the exports
(box 7; if the document is the single administrative document),
— the number of the refund certificate covering the exports.
3. The refund application form must be accompanied by the refund certifi-
cate (copy 1) unless this has been registered or lodged with the payingbody.
4. On the basis of the refund application, the competent authority must
determine the amount which would be paid if all the conditions requiredfor export of the quantity of goods indicated on the refund applicationwere met. This is charged against the certificate. (If the goods areregistered, the amount of the refund may be determined in advance bythe applicant.)
5. If the certificate is not registered, copy 1 of the certificate must be
returned to the holder or kept by the paying body at the request of theperson concerned.
6. The security for the exports effected may be released or may be trans-
ferred to guarantee advance payment of the refund. In this case, all theapplicant will have to do will be to top up the security accordingly.
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Annex
EUROPEAN COMMUNITY — REFUND CERTIFICATE — ‘NON-ANNEX I GOODS’
D1. 2. No
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 original certificate
APPLICATION
11. Total amount of the security (in national currency)
D12.First day of validity 13.Last day of validity
17. Amount covered (in figures) (in
euro)18. Amount (in letters) 19. No upward tolerance
20. Specific comments
21.Refund valid on Advance fixing
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 original certificate
COPY
11. Total amount of the security (in national currency)
112.First day of validity 13.Last day of validity
17. Amount covered (in figures) (in
euros)18. Amount (in letters) 19. No upward tolerance
20. Specific comments
21.Refund valid on Advance fixing Valid until
22. Special conditions
23. Issued at
Date No
Signature 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 original certificate
COPY
11. Total amount of the security (in national currency)
212.First day of validity 13.Last day of validity
17. Amount covered (in figures) (in
euros)18. Amount (in letters) 19. No tolerance of excesses
20. Specific comments
21.Refund valid on Advance fixing Valid until
22. Special conditions
23. Issued at
Date No
Signature and stamp of the body issuing the certificate
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RECORD SHEET
Date
of exportExport document Amount grantedBalance
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:’