Commission Regulation (EC) No 1557/2000 of 17 July 2000 amending Regulation (EC) No 800/1999 laying down common detailed rules for the application of the system of export refunds on agricultural products
Date: 2000-07-17
Institutions: European Commission
Subjects: agricultural product, export licence, export refund

L 179/6

EN

Official Journal of the European Communities

18.7.2000

COMMISSION REGULATION (EC) No 1557/2000

of 17 July 2000

amending Regulation (EC) No 800/1999 laying down common detailed rules for the application of
the system of export refunds on agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(5)

for such operations, Article 37(2) and (3) of Regulation
(EC) No 800/1999 should be adapted accordingly.

The measures provided for in this Regulation are in
accordance with the opinions of all the Management
Committees concerned,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market of
cereals (1), as last amended by Regulation (EC) No 1253/
1999 (2), and in particular Articles 13 and 21 thereof, and to
the corresponding provisions of the other regulations on the
common organisation of the markets in agricultural products,

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 1291/2000 of 9 June
2000 laying down common detailed rules for
the
application of the system of import and export licences
and advance fixing certificates for agricultural prod-
ucts (3) provides that no licence is required up to the
quantities of products set out in Annex III thereto. For
the sake of consistency, that approach implies the need
to adapt the reference to the specific rules waiving the
need for export licences in the first indent of the second
subparagraph of Article 4(1) of Commission Regulation
(EC) No 800/1999 of 15 April 1999 laying down
common detailed rules for the application of the system
of export refunds on agricultural products (4).

Payment of refunds is subject as a general rule to
production of an export licence with advance fixing of
the refund on the day of lodging of the licence applica-
tion. This implies that the situation referred to in Article
14(2) of Regulation (EC) No 800/1999, in which two
dates are to be considered for the purpose of deter-
mining the rate of refund, will no longer arise. Those
provisions should accordingly be deleted.

It should be made clear that the checks referred to in
Article 5(7) of Regulation (EC) No 800/1999 do not
apply to deliveries for victualling and other destinations
treated as exports from the Community.

Regulation (EC) No 1291/2000 provides that a licence is
not required and may not be produced for victualling
and other destinations treated as exports. Given that the
new provisions of Regulation (EC) No 1291/2000 no
longer provide for the fixing of the refund in advance

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 160, 26.6.1999, p. 1.
(3) OJ L 152, 24.6.2000, p. 1.
(4) OJ L 102, 17.4.1999, p. 11.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 800/1999 is amended as follows:

1. The first indent of the second subparagraph of Article 4(1)

is replaced by the following text:

‘— where the quantities exported per export declaration are
less than or equal to the quantities set out in Annex III
to Regulation (EC) No 1291/2000,’.

2. Article 14(2) is deleted.

3. Article 36(4) is replaced by the following text:

The provisions of Article 5 shall not apply to deliv-
‘4.
eries covered by this Article. However, the Member States
may take appropriate action to allow checks on the prod-
ucts.’

4. Article 37 is amended as follows:

(a) the first subparagraph of paragraph 2 is replaced by the

following text:

‘For products loaded each month as provided for in this
Article, the last day of the month shall be used to
determine the rate of refund applicable.’;

(b) paragraph 3 is replaced by the following:

‘3. Where the refund is determined by invitation to
tender, the licence must be valid on the last day of the
month.’

Article 2

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

However, Article 1(1) shall apply from 1 October 2000.

18.7.2000

EN

Official Journal of the European Communities

L 179/7

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

Done at Brussels, 17 July 2000.

For the Commission

Franz FISCHLER

Member of the Commission