Commission Regulation (EC) No 238/2000 of 28 January 2000 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 I to the Treaty, and the criteria for fixing the amount of such refunds
Date: 2000-01-28
Institutions: European Commission
Subjects: agricultural product, export, export refund

29. 1. 2000

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 238/2000

of 28 January 2000

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 I to the Treaty, and the criteria for fixing the amount of such refunds

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

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 arrangements applicable
to certain goods resulting from the processing of agricultural
products (1), as last amended by Commission Regulation (EC)
No 2491/98 (2), and in particular the first subparagraph of
Article 8(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

It is necessary to clarify the provisions of Articles 6, 6a
to 6i and 7 of, and Annex F to, Commission Regulation
(EC) No 1222/94 of 30 May 1994 laying down
common detailed rules for the application of the system
of granting export refunds on certain agricultural prod-
ucts exported in the form of goods not covered by
Annex I to the Treaty and the criteria for fixing the
amount of such refunds (3), as last amended by Regula-
tion (EC) No 1702/1999 (4).

It is expedient to stipulate that the certificate provided
for in Article 6 of Regulation (EC) No 1222/94 is not
transferable.

In order to ensure that certificates relating to goods
exported during a transitional period of seven months
from 1 March 2000 to 30 September 2000 are adminis-
tered on a sound basis, only one advance fixing should
be allowed per certificate during that period. Moreover,
it should be stated that this advance fixing applies to all
rates in force on the date of the application.

The conditions for the release of the security pertaining
to certificates subject to Commission Regulation (EEC)
No 2220/85 of 22 July 1985 laying down common
detailed rules for the application of the system of securi-
ties for agricultural products (5), as last amended by
Regulation (EC) No 1932/1999 (6), should be clarified.

During the transitional period, the Commission must be
able to take measures if it considers that there is a
danger that the European Union will not meet its inter-
national obligations.

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 309, 19.11.1998, p. 28.
(3) OJ L 136, 30.5.1994, p. 5.
(4) OJ L 201, 31.7.1999, p. 30.
(5) OJ L 205, 3.8.1985, p. 5.
(6) OJ L 240, 10.9.1999, p. 11.

Certain phrases should be rewarded, certain methods of
calculation and regulatory references concerning certi-
ficates should be revised, and it should be stipulated that
certain paragraphs do not apply to the transitional
period. A clear distinction should also be made between
communications. Moreover,
the
detailed rules on applying for and issuing certificates and
extracts thereof should be laid down.

statistical

various

(7)

(8)

The conditions under which refunds can be paid for
exports not covered by a certificate should be specified.

In order to enable the Commission to ensure that the
international commitments of the European Union, as
currently notified, cannot be exceeded, the procedure
whereby the certificates are discharged should be stipu-
lated.

(9) With a view to harmonising the use of certificates within
the European Union, certain of
their characteristics
should be specified particularly as regards the applica-
tion of Commission Regulation (EEC) No 3719/88 of 16
November 1988 laying down common detailed rules for
the application of
import and export
the system of
licences and advance fixing certificates for agricultural
products (7), as last amended by Regulation (EC) No
1127/1999 (8).

(10)

The Management Committee on horizontal questions
concerning trade in processed agricultural products not
listed in Annex I did not deliver an opinion within the
time limit laid down by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1222/94 is hereby amended as follows:

‘food aid operation’

1. In the second subparagraph of Article 6(1) and the second
subparagraph of Article 6h(1),
is
replaced by ‘international food aid operation within the
meaning of Article 10(4) of the Agreement on Agriculture
under the Uruguay Round’. In the first paragraph of Article
6d ‘food aid operations’ is replaced by ‘international food
aid operations within the meaning of Article 10(4) of the
Agreement on Agriculture under the Uruguay Round’.

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

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2. Article 6(3) is replaced by the following:

if necessary, apply a reduction coefficient to applications
for certificates already lodged.’

The certificate shall not be transferable. It shall be

‘3.
used by the holder.’

8. Article 6b(11) is replaced by the following:

3. Article 6a(2) is replaced by the following:

The provisions of paragraphs 1 to 5, 9 and 10 shall

‘11.
apply from 15 July 2000.’

‘2.
The party concerned may request advance fixing of
the refund rates in force on the day of lodging of the
application. In that case, the advance fixing concerns all
the applicable refund rates. The application for advance
fixing may be lodged under the conditions in Annex F
either at the time of application for the certificate or on or
after the day of issue of the certificate but before the last
day of validity thereof.

9. The following two subparagraphs are added to Article

6b(2):

‘Where the rates of refund for goods exported after 1
March 2000 and before 30 September 2000 are fixed in
advance, those rates shall apply until the end of the period
of validity of the certificate.

The advance fixing shall not apply to goods exported
before the date of the application.’

Applications for advance fixing shall be made in accord-
ance with section II of Annex F.’

4. Article 6a(4) is replaced by the following:

‘4.
The obligations referred to in paragraph 3 shall be
primary requirements for the purposes of Article 20 of
Regulation (EEC) No 2220/85.

The primary requirement shall be considered to have been
fulfilled if the exporter has transmitted the specific applica-
tion(s) relating to goods exported during the period of
validity of the certificate in accordance with the conditions
laid down in Section VI of Annex F. Where the specific
application is not the export declaration, it must be lodged
within three months of the date of acceptance of the
export declaration, except in case of force majeure.

Proof that the primary requirement has been fulfilled shall
be provided by means of
the presentation to the
competent authority of copy 1 of the duly recorded certifi-
cate, in accordance with the provisions of Section VI of
Annex F. This proof must be presented by the end of the
ninth month following the end of the period of validity of
the certificate.’

10. In the last paragraph of Article 6d, ‘the day determined by
Article 10a(2) of Regulation (EC) No 174/1999’ is replaced
by ‘the day determined by Article 13(2) of Regulation (EC)
No 174/1999’.

11. In Article 6f(1),

‘multiplied by a coefficient equal to 1
minus the reduction coefficient’ is replaced by ‘multiplied
by the reduction coefficient’.

12. In Article 6g(2), ‘and the amounts granted after 1 January
for exports in previous budget periods’ is replaced by ‘and
the amounts granted for exports in previous budget
periods not previously notified’.

13. Article 6g(4) is replaced by the following:

Before the 15th day of each month the Member

‘4.
States shall notify the Commission of:

(a) the amounts

for which certificates were returned
during the previous month in accordance with Article
6f(5);

5. Article 6b(3)(f) is replaced by the following:

‘(f) the amounts for which certificates valid during the

budget period concerned have been issued.’

(b) the amounts for which certificates were returned or
reduced during the previous month in accordance with
Article 6f(6);

6. The first subparagraph of Article 6b(6) is replaced by the

(c) the amounts for which unused certificates expired;

following:

If a reduction coefficient is set by the Commission,
‘6.
certificates may be issued for the amount requested multi-
plied by 1 minus the reduction coefficient set, as provided
for in paragraph 5.’

(d) certificates

issued during the previous month as

referred to in Article 6d.’

14. The first subparagraph of Article 6h(1) is replaced by the

following:

7. The following subparagraph is added to Article 6b(8):

‘Where the Commission considers that there is a danger
that the European Union may not meet its international
commitments, it may suspend the issue of certificates and,

‘1.
From 1 March to 30 September 2000 and for each
budget period from 1 October 2000, exports not covered
by a certificate may be eligible for payment of a refund
within the limit of a total reserve of EUR 15 million for
each budget year.’

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15. The first subparagraph of Article 6h(2) is replaced by the

following:

‘2.
The provisions of this Article shall apply to exports
by exporters who have not held a certificate since the
beginning of the budget period in question and who do
not hold a certificate on the date of export and whose total
applications during the budget year in question are less
than EUR 20 000.’

16. In the second subparagraph of Article 6(h)3, ‘the Commis-
sion shall suspend the application of paragraphs 1 and 2
of
is replaced by ‘the Commission shall
suspend the application of paragraphs 1 and 2 to exports
not covered by a certificate.’

this Article’

17. Article 6i(3) is deleted.

18. Article 7(7) is replaced by the following:

Refunds in respect of goods exported between 1
‘7.
October and 15 October of each year may not be paid
before 16 October.’

19. The first subparagraph of point I(2) of Annex F is replaced

by the following:

Applicants must complete boxes 4, 8, 17 and 18

‘2.
and, where appropriate, 7.’

20. The first indent of point I(3) of Annex F is deleted.

21. The second indent of point I(3) of Annex F is replaced by

the following:

‘— where advance fixing has been applied for, this shall

be indicated in box 8,

— the applicant shall

indicate in box 20 whether the
certificate is to be used solely for export via that
Member State.’

22. In point II(2) of Annex F, the last subparagraph is replaced

by the following:‘

in box 8, the box yes must be ticked.’

23. In point II(3) of Annex F,

‘balance available under the
original certificate’ is replaced by ‘amount not yet recorded
on the original certificate on the date on which the extract
is issued’.

‘Should the holder of such a certificate subsequently
request advance fixing of the refund rates, the holder must
return the original certificate and any extracts already
issued. “Refund valid on… (date), advance fixing on…
(date), valid until… (date)”, completed as appropriate, shall
be entered in box 20 of the certificate.

Extracts may not be the subject of advance fixing indepen-
dently of the certificate from which they are taken.’

28. Points VI(2), (3) and (4) of Annex F are replaced by the

following:

‘2.
Each exporter must complete a specific application
for payment within the meaning of Article 49(1) of
Commission Regulation (EC) No 800/1999 (*). It must be
presented to the body responsible for payment, accompa-
nied by the corresponding certificate or certificates except
in the case of electronic registration of the certificate or
certificates.

competent authority may consider

The
specific
application not to be the payment documents referred to
in Article 49(2) of Regulation (EC) No 800/1999.

the

the

competent authority may consider

The
specific
application to be the export declaration within the
meaning of Article 5(1) of Regulation (EC) No 800/1999.
In this case, the date of receipt of the specific application
by the body responsible for payment referred to in para-
graph 3 shall be the date on which that body received the
export declaration. In all other cases, the specific applica-
tion must contain particulars of the export declaration.

3.
The body responsible for payment shall determine
the amount requested on the basis of the information
contained in the specific application, taking as sole basis
the quantity and nature of the basic product(s) exported
and the applicable refund rate(s). These three elements
must be indicated or referred to clearly in the export
declaration.

The body responsible for payment
record this
amount on the certificate within a period of three months
from the date of receipt of the specific application.

shall

(*) OJ L 102, 17.4.1999, p. 11.’

24. In point III(1) of Annex F, the first sentence is replaced by

the following:

29. In Section VI of Annex F, paragraphs 5 and 6 are

renumbered paragraphs 4 and 5 respectively.

Copies 1 and 2 must be issued, based on the models

‘1.
annexed, and are light blue in colour.’

25. In point III(1)(a) of Annex F, the first sentence is replaced

by the following:

‘(a) Box 1 must indicate the name and address of the body
issuing the certificate. Box 2 or Box 23 must indicate
the number of the certificate allocated by the body
issuing it.’

26. In point III(1)(d) of Annex F,

‘original’

is deleted.

27. In point IV of Annex F, the third paragraph is replaced by

30. The models of applications

for certificates and the
copies for the holder and issuing body are replaced by
the models annexed to this Regulation.

Article 2

This Regulation shall enter into force on the date of
its
publication in the Official Journal of the European Communities.

the following:

It shall apply to goods exported on or after 1 March 2000.

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This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 28 January 2000.

For the Commission

Erkki LIIKANEN

Member of the Commission

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ANNEX

‘EUROPEAN COMMUNITY — REFUND CERTIFICATE — “NON-ANNEX I GOODS”

D

1. Body issuing the certificate

(name and address)

4. Holder

(name, full address and Member State)

N
O
I
T
A
C
I
L
P
P
A

6. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

D 12. First day of validity

No

3.

2.

5.

7. Destination

Mandatory

YES

YES

NO

NO

8. Advance fixing requested

11. Total amount of the security

13. Last day of validity

17. Amount covered (in figures) (in

18. Amount (in letters)

euro)

20. Specific comments

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”

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

R
E
D
L
O
H

R
O
F

Y
P
O
C

7. Destination

Mandatory

YES

NO

8.

10. Date of submission of the application for the certificate

11. Total amount of the security

13. Last day of validity

1 12. First day of validity

17. Amount covered (in figures) (in

18. Amount (in letters)

19.

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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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
D
O
B

I

G
N
U
S
S
I

R
O
F

Y
P
O
C

7. Destination

Mandatory

Yes

NO

8.

10. Date of submission of the application for the certificate

11. Total amount of the security

13. Last day of validity

2 12. First day of validity

17. Amount covered (in figures) (in

18. Amount (in letters)

19.

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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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:’