Commission Regulation (EC) No 2390/2000 of 27 October 2000 amending Regulation (EC) No 1520/2000 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: 2000-10-27
Institutions: European Commission
Subjects: agricultural product, agro-industry, export licence, export refund, primary product

28.10.2000

EN

Official Journal of the European Communities

L 276/3

COMMISSION REGULATION (EC) No 2390/2000

of 27 October 2000

amending Regulation (EC) No 1520/2000 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,

Whereas:

(1)

(2)

(3)

(4)

It is necessary to clarify some of the provisions of Article
8 and of Annex F to Commission Regulation (EC) No
1520/2000 (3) of 13 July 2000, laying down common
the system of
detailed rules for the application 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.

It is appropriate to postpone the closing dates for the
submission of applications for refund certificates in
order to facilitate their transmission.

To allow operators to obtain certificates under the
proper conditions,
the rate at which certificates are
granted in accordance with Article 8(4) should be
adapted.

The measures laid down in this Regulation are in accord-
ance with the opinion of the Management Committee
on horizontal questions concerning trade in processed
agricultural products not listed in Annex I to the Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1520/2000 is amended as follows:

1. Paragraphs 1 and 2 of Article 8 are 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 177, 15.7.2000, p. 1.

‘1.
Refund certificates issued for a single budget period
may be applied for separately in six tranches. Applications
for certificates may be submitted at the latest on:

(a) 7 September for certificates valid from 1 October;

(b) 7 November for certificates valid from 1 December;

(c) 7 January for certificates valid from 1 February;

(d) 7 March for certificates valid from 1 April;

(e) 7 May for certificates valid from 1 June;

(f) 7 July for certificates valid from 1 August.

Operators may submit an application for a refund certifi-
cate only for the tranche corresponding to the first closing
date, as set out under points (a) to (f), following the date of
submission.

2. Member States shall notify the Commission not later
than:

— 14 September of the applications for certificates referred

to in paragraph 1(a);

— 14 November of the applications for certificates referred

to in paragraph 1(b);

— 14 January of the applications for certificates referred to

in paragraph 1(c);

— 14 March of the applications for certificates referred to

in paragraph 1(d);

— 14 May of the applications for certificates referred to in

paragraph 1(e);

— 14 July of the applications for certificates referred to in

paragraph 1(f).’

2. Paragraphs 4 and 5 of Article 8 are replaced by:

‘4.
The total amount for which certificates may be issued
for each of the tranches referred to in paragraph 1 shall be:

— 30 % of the amount referred to in paragraph 3, deter-
mined on 14 September for the tranche referred to in
paragraph 1(a),

— 27 % of the amount referred to in paragraph 3, deter-
mined on 14 November for the tranche referred to in
paragraph 1(b),

— 32 % of the amount referred to in paragraph 3, deter-
mined on 14 January for the tranche referred to in
paragraph 1(c),

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Official Journal of the European Communities

28.10.2000

— 44 % of the amount referred to in paragraph 3, deter-
mined on 14 March for the tranche referred to in para-
graph 1(d),

— 67 % of the amount referred to in paragraph 3, deter-
mined on 14 May for the tranche referred to in para-
graph 1(e),

— 100 % of the amount referred to in paragraph 3, deter-
mined on 14 July for the tranche referred to in para-
graph 1(f).

Should the total amount of the applications received
5.
for each of the periods concerned exceed the maximum
referred to in paragraph 4, the Commission shall set a
reduction coefficient applicable to all applications lodged
before the corresponding date referred to in paragraph 1 so
as to comply with the maximum referred to in paragraph
4.

The Commission shall publish the coefficient in the Official
Journal of the European Communities within five working days
of the date referred to in paragraph 2.’

3. Paragraphs 8 to 10 of Article 8 are replaced by the

following:

Applications for refund certificates may be lodged
‘8.
outside the periods referred to in paragraph 1, with effect
from 1 October of each budget period. Applications
submitted in the course of each week shall be notified to the
Commission on the following Tuesday. The corresponding
certificates may be issued from the Monday following noti-
fication, unless the Commission issues instructions to the
contrary.

Where the Commission considers that there is a danger that
the European Union may not meet its international commit-
ments, it may apply a reduction coefficient to applications
for refund certificates already lodged,
in
particular of the calculation method referred to in para-
graphs 3 and 4. It may also suspend the issue of certificates.

taking account

The Commission shall publish the coefficient in the Official
Journal of the European Communities within four days of noti-
fication of
the applications, as mentioned in the first
subparagraph.

The applications for refund certificates referred to in
9.
the previous paragraph may be lodged only if no reduction
coefficient has been set pursuant to paragraph 5. The certi-
ficates thus issued are aimed at using up the amounts
calculated in accordance with paragraph 4, plus
the
amounts for which no certificates were actually issued and
the amounts for any certificates returned.

If amounts determined in accordance with paragraph
10.
the Commission may authorise, by
3 remain available,
the latest on 10
publication in the Official
August, the lodging of applications for refund certificates
from the following Monday for goods to be exported before
1 October under the conditions laid down in paragraph 8.’

Journal at

4. Paragraph 2 of Chapter I, Annex F,

is replaced by the

following:

‘2.
On the title “Export licence or advance fixing certifi-
cate” shall be stamped “refund certificate non-Annex I”. This
information may be computerised.

Applicants must complete boxes 4, 8, 17 and 18 and,
where appropriate 7. In boxes 17 and 18 the amount shall
be entered in euro.

Boxes 13 to 16 shall not be completed.

In box 20 applicants must state whether they plan to use
the refund certificate in the Member State which issued it
only or whether they require a refund certificate which is
valid throughout the Community.

Applicants must enter the place and date of application and
sign the application.

If the application concerns food aid, they must also enter in
box 20 one of the indications mentioned in Article 10 of
this Regulation or in Article 3 of Regulation (EC) No 259/
98 (*).

(*) OJ L 25, 31.1.1998, p. 39.’

Article 2

This Regulation shall enter into force on the day following
its publication in the Official Journal of the European Communi-
ties.

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

Done at Brussels, 27 October 2000.

For the Commission

Erkki LIIKANEN

Member of the Commission