Commission Regulation (EC) No 701/2000 of 3 April 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: 2000-04-03
Institutions: European Commission
Subjects: agricultural product, export refund, primary product, processed foodstuff

L 83/6

EN

Official Journal of the European Communities

4.4.2000

COMMISSION REGULATION (EC) No 701/2000

of 3 April 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,

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,

‘— milk and the milk products falling within CN Codes
0403 10 11, 0403 90 11 and 0404 90 21, in powder,
granules or other solid forms, not containing added
sugar or other sweetening matter, with a milk fat
content, by weight, of 1,5 % or less,

shall be assimilated to skimmed milk powder as referred
to in Annex A (PG2).’

2. The second indent of Article 1(2)(d)

is replaced by the

following:

Whereas:

(1)

(2)

(3)

(4)

It is expedient to specify the milk fat content for certain
products assimilated to PG2 set out in Article 1(2) of
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 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 (3) as last
amended by Regulation (EC) No 238/2000 (4).

In the case of advance fixing, the rate of refund applying
to basic products incorporated into non-Annex I prod-
ucts should be adjusted according to the rules applying
to the advance fixing of the refunds on basic products
exported unprocessed.

In connection with compliance with the international
commitments of the European Union, it is necessary to
clarify the provisions of Article 6b(8) of Regulation (EC)
No 1222/94 in order to allow certificates to be issued in
a regular manner during the transitional period.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for horizontal questions concerning trade in
processed agricultural products not listed in Annex I,

HAS ADOPTED THIS REGULATION:

Article 1

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

1. The second indent in Article 1(2)(c)

is replaced by the

following:

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 309, 19.11.1998, p. 28.
(3) OJ L 136, 31.5.1994, p. 5.
(4) OJ L 24, 29.1.2000, p. 45.

0403 10 13,

0403 10 11,

‘— milk, cream and the milk products falling within CN
Codes
0403 10 19,
0403 90 13, 0403 90 19, 0404 90 23 and 0404 90 29,
in powder, granules or other
solid forms, not
containing added sugar or other sweetening matter,
with a milk fat content, by weight, of more than 1,5 %
but less than 45 %,

shall be assimilated to whole milk powder as referred to
in Annex A (PG3).’

3. The following text is added to Article 5(2):

‘The rate of the refund determined in the manner described
in the previous subparagraph shall be adjusted according to
the rules applying to the advance fixing of the refunds on
basic products exported unprocessed, but using the conver-
sion coefficients set in Annex E for products processed from
cereals.

The previous subparagraph shall not apply to applications
for advance fixing lodged by 24 March 2000.’

4. The second subparagraph of Article 6b(8) is replaced by the

following:

‘Insofar as the Commission considers that compliance with
the international commitments of the European Union may
be jeopardised,
to
applications for certificates currently under examination,
the method of calculation
taking account,
referred to in paragraphs 3 and 4. It may also suspend the
issuing of certificates.

it may apply a reduction coefficient

inter alia, of

The Commission shall publish the coefficient in the Official
Journal of the European Communities within four days of the
date on which the applications referred to in the first
subparagraph were lodged.’

Article 2

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

4.4.2000

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Official Journal of the European Communities

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

Done at Brussels, 3 April 2000.

For the Commission

Erkki LIIKANEN

Member of the Commission