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 of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds and repealing Regulation (EC) No 1223/94 laying down special detailed rules for the application of the system of advance-fixing certificates for certain agricultural products exported in the form of goofs not covered by Annex II to the Treaty
Date: 1999-07-23
Institutions: European Commission
Subjects: agricultural product, export licence, export refund

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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 of
goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds
and repealing Regulation (EC) No 1223/94 laying down special detailed rules for the application of
the system of advance-fixing certificates for certain agricultural products exported in the form of
goofs 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 applic-
able to certain goods resulting from the processing of agricul-
tural products (1), as last amended by Commission Regulation
(EC) No 2491/98 (2), and in particular the first subparagraph of
Article 8(3) thereof,

(1) Whereas Article 13(1) of Council Regualtion (EEC) No
1766/92 on the common organisation of the market in
cereals (3), as last amended by Regulation (EC) No 1253/
1999 (4), and the corresponding articles of the Regula-
tions on the common organisation of the markets in
rice, sugar, eggs and dairy products, provide that export
refunds on the agricultural products concerned may be
granted only within the limits arising from agreements
concluded in accordance with Article 300 of the Treaty;
whereas it is necessary to adopt the measures required to
this effect by 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 of goods not
covered by Annex II to the Treaty, and the criteria for
fixing the amount of such refunds (5), as last amended by
Regulation (EC) No 1352/98 (6);

(2) Whereas measures should be taken to guarantee strict
compliance with the Community's
commitments;
whereas, however, these measures must not be more
constraining on operators than necessary;

(3) Whereas the agreements concluded in accordance with
Article 300 of the Treaty limit the amount of refund
that may be granted per budget year; whereas it must be
possible to export goods not covered by Annex I to the

(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.

Treaty under conditions known beforehand; whereas, in
particular, it is important to obtain the the assurance
that such exports can be covered by the grant of a
refund compatible with compliance with the Communi-
ty's commitments under agreements or, where this is no
longer possible, to be informed thereof well in advance;
whereas the issue of certificates makes it possible to
follow up refund applications and guarantee to their
holders that they will be able to benefit from a refund
up to the amount
for which a certificate is issued,
provided that they meet the other conditions for refund
laid down in the Community rules;

(4) Whereas these agreements relate to all agricultural prod-
ucts exported as goods not covered by Annex I to the
Treaty; whereas these products include certain cereals
exported as spirituous beverages provided for in Article
13(5) of Regulation (ECC) No 1766/92; whereas certain
detailed rules for application for these cereals are laid
down in Regulation (ECC) No 2825/93 (7), as amended
by Regulation (EC) No 3098/94 (8); whereas the grant of
refunds for all agricultural products exported as goods
not covered by Annex I to the Treaty should be subject
to common rules;

(5) Whereas Commission Regulation (EC) No 1223/94 (9),
as last amended by Regulation (EC) No 1367/1999 (10),
lays down special detailed rules for the application of the
system of advance-fixing certificates for certain agricul-
tural products exported in the form of goods not
covered by Annex I to the Treaty; whereas maintaining
the advance-fixing system for each basic product making
up the goods exported in the form of
the goods
mentioned on the certificate is likely to lead to a signifi-
cant multiplication of certificates issued and create
admisnistrative difficulties disporportionate to the objec-
tive pursued;

(7) OJ L 258, 16.10.1993, p. 6.
(8) OJ L 328, 20.12.1994, p. 12.
(9) OJ L 136, 31.5.1994, p. 33.
(10) OJ L 162, 26.6.1999, p. 31.

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(6) Whereas it is therefore necessary to replace the old
advance-fixing certificates by refund certificates enabling
the party concerned, on request, to know in advance the
amount of refund that will be granted; whereas a single
certificate may guarantee the full amount of the refund
for a particular export and may cover the export of
several goods during the period of validity of the certifi-
cate; whereas this system thus enables an undertaking to
cover all of its exports, within the limits compatible with
the Community's communitments, by a very small
number of certificates;

to commitments
the unprocessed state and subject
vis-à-vis the WTO, likewise limited in quantity; whereas
it is therefore necessary to specify which general provi-
sions applicable to certificates in the agricultural sector,
currently laid down in Commission Regulation (ECC) No
3719/88 of 16 November 1998 laying down common
detailed rules for the application of the system of import
and export licences and advance fixing certificates for
agricultural products (1), as last amended by Regulation
(EC) No 1127/1999 (2), should apply to refund certi-
ficates;

(7) Whereas applications for certificates are likely greatly to
exceed the total that can be allocated; whereas it is
therefore necessary to divide the year into periods so as
to guarantee that operators exporting goods at the end
of the budget year and those exporting at the beginning
of the Budget year will be able to obtain certificates;
whereas it is also necessary to make provision, where
appropriate, for setting a coefficient between the sum of
the amounts 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 submit a certificate;

(9) Whereas most exporters receive less than EUR 20 000 a
year in refunds; whereas all of these exports together
represent only a small part of the amounts of refund
granted for agricultural products exported in the form of
goods; whereas it should be possible to exempt such
exports from the need to present a certificate;

(10) Whereas, some exporters take part in tenders put out by
importing third countries; whereas these exporters must
be able, without penalty, to deduct the amount covered
by the certificate from the amount they had envisaged in
presenting their bid, in the event that their bid is unsuc-
cessful;

(12) Whereas Regulation (EC) No 1352/98 amended Regula-
tion (EC) No 1222/94 by deleting husked rice as a basic
is therefore necessary to amend
product; whereas it
Annex C to the Regulation for pre-cooked by CN code
1904 90 10, taking account of the coefficient of equiva-
lence between husked rice and bleached rice, and to
amend the basic product in column 6 of the said Annex
C;

(13) Whereas sorbitol containing 2 % or less by weight of
mannitol may be obtained from isoglucose just like the
same sorbitols containing more than 2 % mannitol;
whereas it is therefore necessary to introduce the same
subdivision for this type of sorbitol, whether coming
under CN code 2905 44 11 or under CN code
3824 60 11, as for all the other sobitols referred to in
Annex C;

(14) Whereas in the German version in Annex E is an omis-
sion concerning rice flour; whereas this should be recti-
fied with effect from the date on which Annex E was
introduced;

(15) Whereas the coefficients for some exported non-roasted
malt have been amended; whereas a distinction should
also be made between wheat flour of durum wheat and
wheat
flour of common wheat as regards the raw
material used; whereas these amendments should be
included in Annex E;

(16) Whereas the Management Committee for horizontal
questions relating to trade in processed agricultural
products not covered by Annex I of the Treaty has not
delivered an opinion within the time limit set by its
chairman,

HAS ADOPTED THIS REGULATION:

Article 1

the Community's

(11) Whereas refund certificates serve first of all to ensure
compliance with
commitments
vis-à-vis the World Trade Organisation (WTO) and may
the same time make it possible to determine in
at
advance the refund that may be granted for agricultural
used in the manufacture of goods exported to third
countries; whereas in some of these respects this goal is
different from the objectives pursued by export certi-
ficates issued for quantities of basic products exported in

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;

(1) OJ L 331, 2.12.1988, p. 1.
(2) OJ L 135, 29.5.1999, p. 48.

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(b) “certificate” means the certificate drawn up in accord-
ance with Articles 6 to 6h, valid throughout
the
Community and issued by the Member States to any
applicant, regardless of the applicant's place of estab-
lishment in the Community. The certificate shall guar-
antee payment of the refund, provided the conditions
in Article 7 are met. It may include advance fixing of
the refund rates. The certificates shall be valid for a
single budget period only;

(c) “the Agreement” means the Agreement on Agriculture
conclued during the Uruguay Round multilateral trade
negociation;

(d) “food aid” means the food aid operations the condi-
tions laid down in Article 10(4) of the Agreement;’

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 request for
advance fixing shall be applied to exports to be effected
after that date during the period of validity of the certifi-
cate in accordance 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 condi-
tions in Article 7 and corresponding to the cereal placed
under control
the spirit drinks
referred to in Article 4 of Regulation (ECC) No 2825/93
shall be conditional upon production of a certificate issued
in accordance with the conditions laid down in Article 6a
or in Regulation (EC) No 1223/94.

for the production of

The previous paragraph shall not apply to exports effected
in the course of a food aid operation, to the supplies
referred to in Articles 36, 40, 44 and 46(1) of Regulation
(EC) No 800/1999 and to the exports 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 of a 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 has been requested, the competent body
may keep it, notably in the form 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 Article 4 of Regulation (EC) No 2825/93,

any reference made to the term “export” shall be under-
stood as made to the placing under such control.’

5. The following Articles are added:

‘Article 6a

The certificate shall be requested and issued for a set

1.
amount in euros.

The application for a certificate and the certificate shall be
in Annex F.
based on the model

2.
The party concerned may request advance fixing of
all the refund rates in force on the day of lodging of the
application for advance fixing. The application for advance
fixing may fixing 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 the certificate 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
wich the certificate has been issued on exports effected in
the course of the period of validity of the certificate. The
security referred to in Article 6e shall be lodged to guar-
antee compliance with this obligation.

4.
The obligations referred to in this Article shall be
primary requirements for the purposes of Article 20 of
Regulation (EEC) No 2220/85.

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;

(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;

The Member States shall notify the Commission not

2.
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),

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— 12 March of the applications for certificates referred to

in subparagraph 1(d),

50 % of the amount referred to in paragraph 3, determined
on 12 May, for the period referred to in subparagraph 1(e);

— 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
which certificates may be issued on the basis of
following elements:

for
the

(a) the maximum amount of

refunds determined in

accordance with Article 9(2) of the Agreement

minus

(b) where

appropriate,

the
maximum amount that may be granted during the
previous budget year

exceeding

amount

the

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 cedrtificates 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 subpara-
graph 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);

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 receive
for each of the periods concerned exceed the maximum
referred to in paragraph 4, the Commission shall set a
applications
applicable
reduction coefficient
submitted before the dates referred to in paragraph 1 so as
to comply with the maximum referred to in paragraph 4.

all

to

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,
certificates may be granted for the amount requested
multiplied by the reduction 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
August respectively of the amounts of the applications for
certificates withdrawn pursuant to paragraph 6.

for

Applications

certificates may be

submitted
8.
outside the periods referred to in paragraph 1, with effect
from October of
each budget period. Applications
submitted in the course of each week shall be notified to
the Commission on the following Tuesday. The corre-
sponding certificates may be issued from the Monday
following notification provided no other measure is
adopted by the Commission.

The certificates referred to in the previous paragraph
9.
may be requested only if no reduction coefficient has been
set under paragraph 5 and until exhaustion of the amounts
referred to in paragraph 4 plus the amounts for which no
certificates were actually issued 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 the conditions laid down in paragraph 8 if amounts
determined in accordance with paragraph 3 remain avail-
able.

Paragraph 1 to 7, 9 and 10 shall apply with effect

11.
from 15 July 2000.

Article 6c

Certificates shall be valid from the date indicated on
1.
the application for a certificate, under the conditions laid
down in Annex F.

Certificates shall be valid until the end of the budget

2.
period.

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if refund rates are fixed in advance,

theses
However,
remain valid until the end of the fifth month following the
month in which the advance fixing was applied for, or
until the end of the period of validity 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 on 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

— 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 of goods, the rates of refund with advance fixing
applied to applications for certificates and certificates
issued for food aid operations shall be the rates applicable
to other exports without advance fixing of refund rates.
The rates to be taken into consideration shall be the rates
in force on the day determined as laid down in Article 2 of
Regulation (EC) No 259/98 in the case of exports of
Community food aid or the day determined by Article
10a(2) of Regulation (EC) No 174/1999 in the case of
exports of milk 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 a security equal to 25 % of the amount applied for
has been lodged under 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 coeffi-
cient referred to in Article 6b(5), the security shall be
released without delay up to the amount lodged multiplied
by a coefficient equal to 1 minus the reduction coefficient.

Should the applicant renounce the certificate, as
2.
provided for in Article 6b(6), 94 % of the security shall be
released.

The security shall be released in full once the holder
3.
of the certificate has requested refunds totalling 95 % of
the amount for which 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 up to 25 % of the difference between 95 % of the
amount
for which the 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 accord-
ance with paragraph 4, shall be reduced by 50 %. If the
holder returns the certificate after this period but before 15
August, the amount retained, determined in accordance
with paragraph 4, shall be reduced by 25 %.

Holders of a certificate who produce proof of having
6.
made a bid in response to an invitation to tender issued in
an importing non-member country referred to in Article
44 of Regulation (EEC) No 3719/88 and that the bid was
unsuccessful may ask that an amount equal to the refund
the bid had been
which they would have obtained if
successful be waived. In this case, the certificate shall be
reduced by this amount and the corresponding 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 in the previous month for exports effected before
1 March 2000.

Before 1 January each year and, for the first time
2.
before 1 January 2001, the Member States shall notify the
Commission of the total amounts of refund which they
have actually granted for exports effected in the previous
budget period and the amounts granted after 1 January for
exports in previous budget periods, specifying the periods
concerned.

3.
For the purposes of application of the previous para-
graph, advance payments shall be considered payments.
Separate notification shall be given of reimbursements of
refunds unduly paid.

Before the 15th day of each month the Member

4.
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 during the previous month and which
were not used;

(b) the certificates issued during the previous month as

referred to in Article 6d.

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Article 6h

1.
From 1 March 2000 to 30 Septembre 2000 and
from 1 October 2000 for each budget year, exports not
covered by a certificate may be eligible for payment of a
refund within
of
EUR 15 000 000.

reserve

limit

total

the

of

a

However, this Article shall not apply to exports in connec-
tion with a food aid operation nor to the supplies referred
to in Articles 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 and whose total applications during the
budget year in question are less than EUR 20 000.

— 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 repres-
entative shall be considered 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 not be extended. In this case, the certificate
must be annulled for any amounts not applied for due to
force majeure.’

It shall be applicable only in the Member State where the
goods are manufactured or made up.

(a) in paragraph 2 the second subparagraph is replaced by

the following:

6. In Article 7 of Regulation (EC) No 1222/94:

3.
The Member States shall notify the Commission, no
later than the fifth and twentieth days of each month, of
the amounts of the refunds granted pursuant to this to the
fiftteenth day of the current month, respectively.

If the sum of the amounts notified by the Member States
reaches EUR 12 000 000, the Commission shall suspend
the application of paragraphs 1 and 2 of this Article.

Article 6i

‘However, if the parties concerned submit proof to the
satisfaction of the competent authorities that they do
not hold or are not able to supply the information
required concerning the conditions under which the
goods to be exported were manufactured, and if such
goods are mentioned in columns 1 and 2 of Annex D,
the party concerned shall, on express request, receive a
refund, for the calculation of which the nature and
quality of the basic products to be taken in account
shall be determined on the basis of the data provided
by the analysis of the goods to be exported and in
accordance with the table of equivalence laid down in
Annex D. The competent authority shall determine the
conditions for carrying out the analysis.’;

Regulation (EEC) No 3719/88 shall apply to the
1.
certificates referred to in this Regulation, with the excep-
tion of the provisions concerning import certificates.

(b) the following paragraph is added:

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 certificates referred to in this regulation for
the
amounts denominated in euros,
provisions in Annex F.

taking account of

the
By way of derogation from paragraph 1,
2.
following provisions of Regulation (EEC) No 3719/88 shall
not apply to the refunds 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 applic-
able to advance fixing certificates issued pursuant to
Regulation (EC) No 1223/94,

‘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
replaiced 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 calcu-
lated on the D-glucitol content under CN codes
2905 44 11 or 3824 60 11, the following subdivision
is added to columns 2, 5 and 9:

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‘Description of goods

Maize

White sugar

2

5

9

— obtained from amylaceous products
— obtained from sucrose

169 (7)

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:

‘CN code

Description of goods

2106 10 80
2106 90

2106 90 98

– – other
– other
– – other
– – – other’

9. Concerns the German version only

10. In Annex E:

(a) The lines concerning CN code 1101 00 are replaced by the following:

‘CN code

Processed agricultural product

Coefficient to be
applied

Basic product

1101 00 11

Wheat flour of durum wheat with an ash content,
per 100 g, of:
— 0 to 900 mg
— 901 to 1 900 mg

1101 00 15
and
1101 00 90

Wheat flour of common wheat or meslin with an
ash content, per 100 g, of:
— 0 to 900 mg
— 901 to 1 900 mg

1,33
1,09

1,33
1,09

durum wheat
durum wheat

common wheat
common wheat’

(b) The coefficients for the following products are amended as follows:

‘CN-code

Processed agricultural product

Coefficient to be
applied

Basic product

1107 10 19
1107 10 99
1107 20 00

Malt of wheat, not roasted,
Malt of other cereals, not roasted, in another form
Roasted malt

in another form

1,27
1,27
1,49

common wheat
barley
barley’

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11. Annex F, as annexed to this Regulation,

is added.

Article 2

1.

Regulation (EC) No 1223/94 is hereby repealed with effort from 1 March 2000.

Advance fixing certificates requested from the date of entry into force of this Regulation to 29

2.
February 2000 shall be valid until that date.

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 effort from the date of entry into force of this Regulation. It shall not apply to

applications for certificates 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.

Done at Brussels, 23 July 1999.

For the Commission

Karel VAN MIERT

Member of the Commission

L 201/38

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Official Journal of the European Communities

31. 7. 1999

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 in accordance with Annex I to Regulation (EEC) No 3719/88 in compliance 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 is submitted, an application may be made electronically in accordance vyith 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 box 12.

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 a certificate 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 2 shall 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 also indicate in this box whether the certificate is applied for solely for export 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 certificate

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 the certificate;

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 original certificate, particularly if the holder plans to effect exports for which no application for
a refund will be submitted in the Member State which issued the certificate. In this case, the amount for which an
extract is requested is recorded on the original certificate and an extract is issued, based on an application
containing the following information:

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Official Journal of the European Communities

L 201/39

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 the original 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 the certificate. In the case of extracts from a certificate, “EXTRACT” in bold 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 calculated 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 23 must 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 being taken 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 new certificate must be issued in this case, based on the balance available under the 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 Member State must inform the applicant that the request has been registered and provide 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 in Sections 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 application must be entered in box 44 of the single administrative document.

If a customs document other than the single administrative document is used, the national document must indicate
the number or numbers of the certificates to be settled and contain a statement that the exports are covered by the
refund scheme for non-Annex I goods.

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Official Journal of the European Communities

31. 7. 1999

2. Applicants for refunds must complete the customs document or form designated by the body responsible for
payment of the refunds. This form must contain all the information necessary to identify the applicant and 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 certificate (copy 1) unless this has been registered

or lodged with the paying body.

4. On the basis of the refund application, the competent authority must determine the amount which would be paid
if all the conditions required for export of the quantity of goods indicated on the refund application were met. This
is charged against the certificate. (If the goods are registered, the amount of the refund may be determined in
advance by the 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 the person concerned.

6. The security for the exports effected may be released or may be transferred to guarantee advance payment of the

refund. In this case, all the applicant will have to do will be to top up the security accordingly.

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Official Journal of the European Communities

L 201/41

EUROPEAN COMMUNITY — REFUND CERTIFICATE — ‘NON-ANNEX I GOODS’

Annex

D

1.

4. Holder (name, full address and Member State)

6. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

N
O
I
T
A
C
I
L
P
P
A

No

3.

2.

5.

7. Destination

Mandatory

YES

NO

8.

10. Date of submission of the application for the original certificate

11. Total amount of the security (in national currency)

D 12. First day of validity

13. Last day of validity

17. Amount covered (in figures) (in

18. Amount (in letters)

19. No upward tolerance

euro)

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

L 201/42

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Official Journal of the European Communities

31. 7. 1999

EUROPEAN COMMUNITY — REFUND CERTIFICATE — ‘NON-ANNEX I GOODS’

1. Body issuing the certificate

(name and address)

2. Stamp

and
perforation
the body issuing

No

mark of
the certificate

4. Holder (name, full address and Member State)

5.

3.

6. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

1

Y
P
O
C

7. Destination

Mandatory

YES

NO

8.

10. Date of submission of the application for the original certificate

11. Total amount of the security (in national currency)

1 12. First day of validity

13. Last day of validity

17. Amount covered (in figures) (in

18. Amount (in letters)

19. No upward tolerance

euros)

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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Official Journal of the European Communities

L 201/43

EUROPEAN COMMUNITY — REFUND CERTIFICATE — ‘NON-ANNEX I GOODS’

1. Body issuing the certificate (name and address)

2. Stamp

and
perforation
the body issuing

No

mark of
the certificate

4. Holder (name, full address and Member State)

5.

3.

6. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

2

Y
P
O
C

7. Destination

Mandatory

YES

NO

8.

10. Date of submission of the application for the original certificate

11. Total amount of the security (in national currency)

2 12. First day of validity

13. Last day of validity

17. Amount covered (in figures) (in

18. Amount (in letters)

19. No tolerance of excesses

euros)

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

L 201/44

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Official Journal of the European Communities

31. 7. 1999

Date
of export

Export document

Amount granted

Balance
signature

RECORD SHEET

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:’