1980R0565 — EN — 15.03.2003 — 002.001 — 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
►M2CommissionRegulation(EC) No 444/2003 of 11 March 2003 L 67 3 12.3.2003
▼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 onthe commonorgan izationof the market incereals (
1), as last
amended by Regulation (EEC) No 1547/79 (2), and in particular Article
16 (5) thereof, and the corresponding provisions of the other Regula-tions on the common organization of the market in respect of
agricultural products,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No 441/69 of 4 March 1969 laying
down additional general rules for granting export refunds on productssubject to a single price system, exported unprocessed or in the form
of certain goods not covered by Annex II to the Treaty (
3), as last
amended by Regulation (EEC) No 269/78 (4), has beenamen ded
several times; whereas experience has shown further amendments tobe desirable; whereas, in the interests of clarity, it is desirable to conso-lidate the rules inquestion ;
Whereas the Regulations laying down general rules for granting export
refunds on certain agricultural products and 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), as last 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), as last 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
goods intended for export are obtained, are placed under customs
control;
Whereas products covered by a common market organization and
imported from third countries may, 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 as soon asCommunity products or goods intended for export are brought under
such a procedure;
Whereas the payment of an amount equal to the export refund does not
in any way affect the conditions under 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 — 15.03.2003 — 002.001 — 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 limits laiddown,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down general rules for paying in advance of
export an amount equal to the export refunds on the products covered
by the following Regulations:
— RegulationNo 136/66/EEC (oils an d fats),
— Regulation(EEC) No 804/68 (milk an d milk products),— Regulation(EEC) No 805/68 (beef an d veal),— Regulation(EEC) No 727/70 (raw tobacco),— Regulation(EEC) No 1035/72 (fruit an d 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 an d
vegetables),
— Regulation(EEC) No 337/79 (win e).
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 anexport refun d is applicable;
(c) ‘goods’ means the goods listed in Annexes B and C to Regulation
(EEC) No 3035/80.
Article 3
Products for which a refund equal to or greater than 0 has been 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 as soon as the basic products are placed under
customs control ensuring that the processed products or the goods will
be exported withina set time limit.
2. The arrangement provided for in this Article shall 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 canbe disposed of without difficulty.1980R0565 — EN — 15.03.2003 — 002.001 — 3
▼M1
▼B
▼M2
3. As regards control procedures and the rate of yield, the basic
products shall be subject to the same rules as apply inrespect ofinward processing to products of the same nature, with the exception
of the rules onthe stan dard rates of yield.
The rates of yield to be applied for basic products used inthe man ufac-
ture of the goods listed in Annex C to Commission Regulation (EC) No1520/2000 (
1) shall be those indicated in that Annex.
4. The export refund referred to in paragraph 1 shall be:
(a) inthe case of processed products, the refun d applicable to the
processed product;
(b) inthe case of goods, the refun d specifically fixed for basic
products when:
— 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 inforce onthe day onwhich the basic products are broughtunder customs control.
6. Where the export refund is fixed in advance, the day on which
the basic products are brought under customs control shall be theoperative date for determining any adjustment to be made to the rate
of 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 areintended.
Article 5
1. An amount equal to the export refund shall, at the request of the
party concerned, be paid as soon as the products or goods have been
brought under the customs warehousing or free zone procedure with a
view to their being exported within a set time limit.
2. The arrangement provided for in this Article shall apply to
products and goods intended for export without further processingwhenthe products or goods are of a kin d that canbe stored.
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 or
destination is declared, the rate to be applied shall be that fixed for the
use or destination for which the products or goods are intended.
Article 6
The benefit of the arrangements provided for in this Regulation shall
be subject to the lodgment of a security guaranteeing reimbursementof an amount equal to the amount paid, plus an additional amount.
Without prejudice to cases of force majeure , this security shall be
forfeited inwhole or inpart:
— where reimbursement has not been made when export has not taken
place withinthe period referred to inArticles 4 (1) an d 5 (1), or
— if there proves to be no right to the export refund, or if there was a
right to a smaller refund.1980R0565 — EN — 15.03.2003 — 002.001 — 4
(1) OJ L 177, 15.7.2000, p. 1.▼B
▼B
Article 7
The competent authorities of the Member States may refuse to grant
the benefit of the arrangement provided for in this Regulation if the
character of the applicant is not such as to guarantee that the whole
transaction will be effected in accordance with the provisions in force.
Ineach Member State, this power shall be exercised inaccordan ce with
the principles currently applicable in that State governing non-discrimi-nation between applicants and the freedom of trade and industry.
Article 8
If necessary, the basic products, products and goods which do not
benefit from the arrangements provided for in this Regulation shall beset out ina list to be determin ed.
Article 9
Regulation(EEC) No 441/69 is hereby repealed with effect from 1
April 1980. It shall, however, continue to apply to transactions entered
into under that Regulation.
Article 10
This Regulation shall enter into force on the third day following its
publicationinthe 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.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1980R0565 — EN — 15.03.2003 — 002.001 — 5