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►B ►M1 COMMISSION REGULATION (EEC) No 2723/87
of 10 September 1987
laying down special detailed rules for the application of the system of export refunds on cereals
exported in the form of pasta products falling within subheadings 1902 11 00 and 1902 19 of the
combined nomenclature ◄
(OJ L 261, 11.9.1987, p. 11)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EEC) No 3859/87 of 22 December 1987 L 363 28 23.12.1987
►M2CommissionRegulation(EC) No 1054/95 of 11 May 1995 L 107 5 12.5.1995
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COMMISSION REGULATION (EEC) No 2723/87
of 10 September 1987
laying down special detailed rules for the application of the system
of export refunds on cereals exported in the form of pasta productsfalling within subheadings 1902 11 00 and 1902 19 of the combined
nomenclature
THE COMMISSION 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 onthe commonorgan izationof the market incereals(
1), as last
amended by Regulation (EEC) No 1900/87(2), and in particular Arti-
cles 16 (6) and 24 thereof,
Having regard to Council Regulation (EEC) No 2746/75 of 29 October
1975 laying down general rules for granting export refunds on cerealsand criteria for fixing the amount of such refunds(
3), and in particular
Article 8 (2), second subparagraph, and (3) thereof,
Whereas CommissionRegulation(EEC) No 2730/79(4), as last
amended by Regulation (EEC) No 1180/87(5), lays downcommon
detailed rules for the applicationof the system of export refun ds on
agricultural products;
Whereas Article 4 (7) of Council Regulation (EEC) No 3035/80(6)o f
11 November 1980, as last amended by Regulation (EEC) No 2223/86(
7), provides that the refund on goods falling within heading
No 19.03 of the CommonCustoms Tariff may be differen tiatedaccording to their destination;
Whereas, under the common commercial policy, provision has been
made for such differentiation, with effect from 1 October 1987, in the
case of exports of the said goods to the United States of America;
Whereas Article 21 of Regulation(EEC) No 2730/79 provides that the
part of the refund paid once the product has left the geographical terri-
tory of the Community is to be calculated on the basis of the lowestrate of refund; whereas that provision may impede exports of pastaproducts falling within heading No 19.03 of the Common CustomsTariff to destinations other than the United States of America; whereas,
therefore, anexceptionshould be made from that rule;
Whereas the concept of the lowest rate of refund is also found in
Council Regulation (EEC) No 565/80(
8);
Whereas, consequently, it is important to lay down detailed rules for
applying the refund system which prevent the administrative control
formalities from being unduly burdensome; whereas, for this purposeexceptions should be made from some of the detailed rules laid downinRegulation(EEC) No 2730/79;
Whereas, following the decisions taken under the common commercial
policy, provisionshould be made so that pasta products fallin g withinheading No 19.03 of the Common Customs Tariff and exported to the
United States are accompanied either by a certificate stating that they
are being exported following an inward processing operation or by acertificate stating that they qualify for a rate of refund applicable, in1987R2723 — EN — 19.05.1995 — 002.001 — 2
(1) OJ No L 281, 1. 11. 1975, p. 1.
(2) OJ No L 182, 3. 7. 1987, p. 40.
(3) OJ No L 281, 1. 11. 1975, p. 78.
(4) OJ No L 317, 12. 12. 1979, p. 1.
(5) OJ No L 113, 30. 4. 1987, p. 27.
(6) OJ No L 323, 29. 11. 1980, p. 27.
(7) OJ No L 194, 17. 7. 1986, p. 1.
(8) OJ No L 62, 7. 3. 1980, p. 5.▼M1
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the case of exports to the United States of America, to the basic cereal
products used intheir man ufacture; whereas the said pasta productsmay have beenman ufactured from basic cereal products some of which
have been subject to inward processing arrangements and some of
which have been in one of the situations referred to in Article 9 (2) ofthe Treaty; whereas, accordingly, provision should be made so that anyone quantity of pasta products exported to the United States of Americamay be accompanied by only one of the said certificates;
Whereas, if the system is to be properly managed, the competent
authorities in the Member States must communicate the necessarystatistics to the Commission;
Whereas the measures provided for inthis Regulationare inaccor-
dance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Where goods falling within subheadings 1902 11 00 and 1902 19
of the combined nomenclature are exported to a destination other thanthe United States of America, the special refund fixed for the export of
cereals in the form of goods falling within subheadings 1902 1100 and
1902 19 of the combined nomenclature to the United States of Americashall not be taken into consideration:
— for determining the lowest rate of refund within the meaning of
Article 21 of Regulation(EEC) No 2730/79,
— for the purposes of Articles 4 (7) and 5 (3) of Regulation (EEC)
No 565/80.
2. Where cereal products covered by one of the situations referred to
inArticle 9 (2) of the Treaty are used for the man ufacture of goods
falling within subheadings 1902 11 00 and 1902 19 of the combinednomenclature and incorporating certain quantities of cereals subject toinward processing arrangements, the export of the said goods to theUnited States of America shall not confer entitlement to the exportrefund for the said product.
Article 2
1. For the export to the United States of America of goods falling
within subheadings 1902 11 00 and 1902 19 of the combined nomen-clature the competent authorities of the Member States where the
export declarationis accepted by customs shall, at the request of the
parties concerned, issue a ‘ ►
M2Certificate for the export of pasta to
the USA ◄’, hereinafter referred to as the ‘certificate P 2’.
2. The ‘certificate P 2’, which shall consist of an original and three
copies, shall be drawn up in accordance with the specimen in Annex Iand shall meet the technical conditions laid down in Annex II.
Article 3
1. The ‘certificate P 2’ and the copies thereof shall be issued by the
issuing agency appointed by each Member State. Each certificateissued shall be identified by a serial number assigned thereto by theissuing agency. The copies shall bear the same serial number as theoriginal.
2. The issuing agency shall retain copy No 3 and shall deliver the
original and the other two copies, bearing the agency's stamp in box 9as shown in the specimen in Annex I, to the exporter, who shall presentthem to the customs office in the Community at the time of acceptanceof the export declarationfor the USA.1987R2723 — EN — 19.05.1995 — 002.001 — 3
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Article 4
1. For the purposes of this Regulation, the document referred to in
Article 4 (3) of Regulation(EEC) No 2730/79 must state, inaddition
to the information provided for in the said Article 4 (3), the serial
number and the date of issue of the ‘certificate P 2’.
2.►M2The competent authority shall indicate in the appropriate
part of box 10 of the original and copies of the ‘certificate P2’ whetheror not the goods qualify for a refund. The customs office referred to inArticle 3 (2) shall check that the document is duly completed and shallaffix its stamp in box 10 of the original and copies of the ‘certificate
P2’.◄
3. Inthe case referred to inArticle 1 (2), the ‘certificate P 2’ must
not be stamped by the customs office referred to in Article 3 (2).
4. The ‘certificate P 2’ and copy No 1 thereof shall be delivered by
the customs office to the interested party. Copy No 2 of the certificateshall be kept by the customs office.
Article 5
In the event of export to the United States of America, the paying
agency shall pay the refund where the general conditions laid down inCommunity rules are met and where, in addition, the document referred
to in Article 4 (1), duly completed, and the original of the ‘certificate P
2’, stamped by the customs office referred to inArticle 3 (2), arepresented.
Article 6
The competent authorities of the Member States shall communicate to
the Commission, by the end of each month at the latest, the statisticsrelating to the quantities of pasta products, by tariff subheading, speci-
fying the quantities which qualify for an export refund and the
quantities which do not qualify for an export refund, in respect ofwhich certificates have beenstamped inthe course of the previousmonth by the customs offices where the export declarations wereaccepted, at the following address:
Commissionof the EuropeanCommun ities,
Directorate-General III — Industry,
Non-Annex II products,
Rue de la Loi/Wetstraat 200,B-1049 Bruxelles/Brussel.
Article 7
This Regulation shall enter into force on the third day following its
publicationinthe Official Journal of the European Communities .
It shall apply to exports inrespect of which the export declarationhas
beenaccepted by customs as from 1 October 1987.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1987R2723 — EN — 19.05.1995 — 002.001 — 4
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ANEXO I — BILAG I — ANHANG I — ΠΑΡΑΡΤΗΜΑ Ι — ANNEX I —
ANNEXE I — ALLEGATO I — BIJLAGE I — ANEXO I
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ANNEX II
Provisions relating to the certificate referred to in Article 2 (2)
1. The form onwhich the ‘Certificate for the export with refun d of pasta to the
USA’ is made out is printed on white paper with no mechanical pulp, dressed
for writing purposes and weighing between 40 and 65 grams per square
metre. It may also be printed on NCR paper with the same characteristics.
2. The forms shall measure 210 by 297 mm (A4).
3. It is for the Member States to print the forms or to have them printed.
4. Member States may require that, inadditionto the En glish text, the certifi-
cate used on their territory is made out in one of their official languages.
5. The original and the copies are filled in either in typescript or in manuscript;
inthe latter case they must be filled inin k an d inblock letters.1987R2723 — EN — 19.05.1995 — 002.001 — 9