1987R2723 — EN — 01.01.1988 — 001.001 — 1
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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
►M1Commission Regulation (EEC) No 3859/87 of 22 December 1987 L 363 28 23.12.1987
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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 on the common organization of the market in cereals(
1), aslas t
amended by Regulation (EEC) No 1900/87(2), and in particular Arti-
cles16 (6) and 24 thereof,
Having regard to Council Regulation (EEC) No 2746/75 of 29 October
1975 laying down general rulesfor granting export refundson cerealsand criteria for fixing the amount of such refunds(
3), and in particular
Article 8 (2), second subparagraph, and (3) thereof,
Whereas Commission Regulation (EEC) No 2730/79(4), aslas t
amended by Regulation (EEC) No 1180/87(5), laysdown common
detailed rules for the application of the system of export refunds on
agricultural products;
WhereasArticle 4 (7) of Council Regulation (EEC) No 3035/80(6)o f
11 November 1980, aslas t amended by Regulation (EEC) No 2223/86(
7), providesthat the refund on goodsfalling within heading
No 19.03 of the Common Customs Tariff may be differentiatedaccording 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;
WhereasArticle 21 of Regulation (EEC) No 2730/79 providesthat the
part of the refund paid once the product hasleft 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 pastaproductsfalling within heading No 19.03 of the Common Cus tomsTariff to destinations other than the United States of America; whereas,
therefore, an exception should 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 downin Regulation (EEC) No 2730/79;
Whereas, following the decisions taken under the common commercial
policy, provision should be made so that pasta products falling withinheading No 19.03 of the Common Customs Tariff and exported to the
United Statesare accompanied either by a certificate s tating 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 — 01.01.1988 — 001.001 — 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 in their manufacture; whereas the said pasta productsmay have been manufactured 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;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
1. Where goodsfalling within s ubheadings1902 11 00 and 1902 19
of the combined nomenclature are exported to a destination other thanthe United Statesof America, the s pecial refund fixed for the export of
cerealsin the form of goodsfalling within s ubheadings1902 11 00 and
1902 19 of the combined nomenclature to the United Statesof 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 productscovered by one of the s ituationsreferred to
in Article 9 (2) of the Treaty are used for the manufacture of goods
falling within subheadings 1902 11 00 and 1902 19 of the combinednomenclature and incorporating certain quantitiesof cerealss ubject toinward processing arrangements, the export of the said goods to theUnited Statesof America s hall not confer entitlement to the exportrefund for the said product.
Article 2
1. For the export to the United Statesof America of goodsfalling
within subheadings 1902 11 00 and 1902 19 of the combined nomen-clature the competent authoritiesof the Member Stateswhere the
export declaration is accepted by customs shall, at the request of the
parties concerned, issue a ‘Certificate for the export with refund ofpasta 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 declaration for the USA.1987R2723 — EN — 01.01.1988 — 001.001 — 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, in addition
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. The customs office referred to in Article 3 (2) shall check that the
document is duly completed and shall affix its stamp in box 10 of theoriginal and copies of the ‘certificate P 2’ as shown in the specimen inAnnex I.
3. In the case referred to in Article 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 certificate
shall be kept by the customs office.
Article 5
In the event of export to the United Statesof America, the paying
agency shall pay the refund where the general conditions laid down inCommunity rulesare met and where, in addition, the document referredto in Article 4 (1), duly completed, and the original of the ‘certificate P2’, stamped by the customs office referred to in Article 3 (2), are
presented.
Article 6
The competent authoritiesof the Member Statess hall communicate to
the Commission, by the end of each month at the latest, the statistics
relating to the quantities of pasta products, by tariff subheading, inrespect of which certificates have been stamped in the course of thepreviousmonth by the cus tomsofficeswhere the export declarationswhere accepted, at the following address:
Commission of the European Communities,
DGIII/B/2,
200, rue de la Loi,B-1049 Brussels.
Article 7
ThisRegulation s hall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply to exports in respect of which the export declaration has
been accepted by customs as from 1 October 1987.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1987R2723 — EN — 01.01.1988 — 001.001 — 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 on which the ‘Certificate for the export with refund of pasta to the
USA’ ismade out isprinted on white paper with no mechanical pulp, dres s ed
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 isfor the Member Statesto print the formsor to have them printed.
4. Member Statesmay require that, in addition to the Englis h 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;
in the latter case they must be filled in ink and in block letters.1987R2723 — EN — 01.01.1988 — 001.001 — 9