Council Regulation (EC) No 2580/2000 of 20 November 2000 amending Regulation (EC) No 3448/93 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products
Date: 2000-11-20
Institutions: Council of the European Union
Subjects: Combined Nomenclature, agro-industry, customs tariff, export, import, trading operation

25.11.2000

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Official Journal of the European Communities

L 298/5

COUNCIL REGULATION (EC) No 2580/2000

of 20 November 2000

amending Regulation (EC) No 3448/93 laying down the trade arrangements applicable to certain
goods resulting from the processing of agricultural products

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty establishing the European
Community, and in particular Articles 37 and 133 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the Opinion of the European Parliament (2),

Having regard to the Opinion of the Economic and Social
Committee (3),

Whereas:

(1)

(2)

(3)

(4)

Article 8 of 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 (4), lays down that on exporta-
tion of the goods, the agricultural products which have
been used may qualify for refunds established pursuant
to the regulations on the common organisation of the
market in the sectors concerned. This Article should be
supplemented to take account of the constraints arising
from the agreement on agriculture concluded in the
multilateral
the Uruguay
trade negotiations under
Round.

In particular, there should be checks on expenditure on
the basis of commitments through the issuing of certi-
ficates. However, as regards expenditure which has not
been covered by obtaining a certificate or certificates,
accounting of such expenditure will continue to be
carried out on the basis of refund payments, if necessary
in the form of an advance.

The Commission will take into consideration agricultural
products processing enterprises as a whole, and,
in
particular,
the situation of small and medium-sized
enterprises, taking account of the impact of targeted
measures relating to savings on export refunds.

In Europe, 2,5 million jobs depend on the sector
concerned,
factor in
thus constituting an important
social stability and regional planning. In view of their
specific interests, small exporters should be exempted
from submission of certificates under the export refund
arrangements.

(1) OJ C 89 E, 28.3.2000, p. 81.
(2) Opinion delivered on 24 October 2000 (not yet published in the

Official Journal).

(3) OJ C 117, 26.4.2000, p. 51.
(4) OJ L 318, 20.12.1993, p. 18. Regulation as last amended by
Commission Regulation (EC) No 2491/98 (OJ L 309, 19.11.1998,
p. 28).

Under agreements concluded in accordance with Article
300 of the Treaty, it is possible that the requirements for
the processing industries in terms of agricultural raw
materials may not be
covered completely, under
competitive conditions, by Community raw materials.
Article 117(c) of Council Regulation (EEC) No 2913/92
of 12 October 1992 establishing the Community
Customs Code (5) admits goods under
the inward
processing arrangements subject
the
economic conditions as defined by Commission Regula-
tion (EEC) No 2454/93 (6). Having regard to the above-
mentioned agreements, there should also be provision
for considering the economic conditions to have been
fulfilled for the admission of certain quantities of certain
agricultural products under the processing arrangements.

to fulfilment of

In order to safeguard the interests of producers of agri-
cultural raw materials, in successive financial years, the
necessary appropriations should be made available so
that goods not covered by Annex I to the Treaty may
benefit fully from maximum use of the current WTO
ceiling. There should also be overall checks, though the
procedure laid down should be flexible, on the basis of a
regularly revised forward estimate, of
the quantities
admitted under inward processing arrangements not
the economic
subject
conditions (excluding those used for processing,
the
usual forms of handling or the manufacture of goods
not eligible for refunds) and in compliance with the
other
inward
processing arrangements. Finally, account should also be
taken of the situation on the Community market for the
commodities concerned, to ensure prudent management
of the said quantities.

to prior individual checks of

conditions

to the

relating

general

Likewise, certain references and definitions should be
updated following the codification of the Treaty estab-
lishing the European Community.

The measures necessary for the implementation of Regu-
lation (EC) No 3448/93 should be adopted in accord-
ance with Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (7).

(6)

(7)

(8)

(5) OJ L 302, 19.12.1992, p. 1. Regulation as last amended by Regula-
the

the European Parliament and of

tion (EC) No 955/1999 of
Council (OJ L 119, 7.5.1999, p. 1).

(6) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regula-

tion (EC) No 1602/2000 (OJ L 188, 26.7.2000, p. 1).

(7) OJ L 184, 17.7.1999, p. 23.

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Official Journal of the European Communities

25.11.2000

(9)

As a result, Regulation (EC) No 3448/93 should be
amended,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 3448/93 is hereby amended as follows:

1. Article 1(2) shall be replaced by the following:

‘2.

For the purposes of this Regulation:

— “agricultural products” shall mean products covered by

Annex I to the Treaty,

— “goods” shall mean products not covered by Annex I to
the Treaty and listed in Annex B to this Regulation.

However, the term “goods” used in Chapter 2 of Title 1 and
in Article 11 shall relate to products not covered by Annex
I to the Treaty and contained in the corresponding Annexes
to the Regulations on the common organisation of markets
in the agricultural sector.’

2. The following paragraphs shall be added to Article 8:

‘5.
Compliance with the limits arising from agreements
concluded in accordance with Article 300 of the Treaty
shall be ensured on the basis of certificates issued in respect
of the reference periods laid down, supplemented by the
amount provided for in respect of small exporters.

6.
The amount below which small exporters may be
exempted from presentation of certificates under the export
refund arrangements shall be set at EUR 50 000 per year.
This ceiling may be adjusted, in accordance with the proce-
dure referred to in Article 16.’

3. Article 11 shall be replaced by the following:

‘Article 11

1.
Admission of agricultural products under the inward
processing arrangements shall be subject to a prior check on
compliance with the economic conditions referred to in
Article 117(c) of Regulation (EEC) No 2913/92. These
conditions shall be considered fulfilled in accordance with
Article 552 of Commission Regulation (EEC) No 2454/
93 (*).

Moreover, and in accordance with Regulation (EEC) No
2454/93, the economic conditions referred to in Article
117(c) of Regulation (EEC) No 2913/92 shall also be
considered fulfilled for certain quantities of basic products
used for the manufacture of goods. These quantities shall be
determined with the aid of a balance drawn up by the
Commission, based on a comparison between the required
available funds and the forecast refund requirements, and
in particular, of the estimated volume of
taking account,

the goods concerned and the internal and
exports of
external market situation of the relevant basic products.
This balance, and hence these quantities, shall be reviewed
at regular intervals in order to take account of developments
in economic and regulatory factors.

The detailed rules for the application of the second subpara-
graph, making it possible to determine the basic products to
be admitted under inward processing arrangements and
check and plan the quantities thereof, shall guarantee
greater clarity for operators through prior publication of
indicative import quantities for each individual COM. These
shall be published on a regular basis, depending on the use
of such quantities. The detailed application rules shall be
adopted in accordance with the procedure referred to in
Article 16.

The term “basic product” used in this Article shall concern
the products listed by CN code in the table in Annex A,
including solely footnote 1 concerning cereals.

admitted under

The quantity of goods,

2.
inward
processing arrangements other than those referred to in the
second subparagraph of paragraph 1 and therefore not
subject to the charge provided for in Article 2 for the
purpose of, or as a result of, exporting other goods shall be
that actually used in the manufacture of the goods.

(*) OJ L 253, 11.10.1993, p. 1. Regulation as last amended
L 188,

by Regulation (EC) No 1602/2000 (OJ
26.7.2000, p. 1).’

4. Article 15 shall be deleted.

5. Article 16 shall be replaced by the following:

‘Article 16

The Commission shall be assisted by a committee
1.
on horizontal questions concerning trade in processed
agricultural products not
(hereinafter
referred to as “the Committee”).

listed in Annex I

2. Where reference is made to this Article, Articles 4
and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/
468/EC shall be set at one month.

3.

The Committee shall adopt its rules of procedure.’

Article 2

The Commission shall submit a report
to the European
Parliament and to the Council at the end of the first year of
implementation of
the amendments which this Regulation
has made to Regulation (EC) No 3448/93 with regard to
inward processing arrangements.

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

its publication in the

Article 3

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

Done at Brussels, 20 November 2000.

For the Council

The President

J. GLAVANY