Commission Regulation (EC) No 2886/2000 of 27 December 2000 derogating from Article 31(10) of Council Regulation (EC) No 1255/1999 on the common organisation of the market in milk and milk products as regards proof of arrival at destination in the case of differentiated refunds and laying down detailed rules for the application of the lowest export refund rate for certain milk products
Date: 2000-12-27
Institutions: European Commission
Subjects: Poland, butter, common organisation of markets, export refund, milk, milk product

29.12.2000

EN

Official Journal of the European Communities

L 333/79

COMMISSION REGULATION (EC) No 2886/2000

of 27 December 2000

derogating from Article 31(10) of Council Regulation (EC) No 1255/1999 on the common
organisation of the market in milk and milk products as regards proof of arrival at destination in
the case of differentiated refunds and laying down detailed rules for the application of the lowest
export refund rate for certain milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Regulation (EC) No
1670/2000 (2), and in particular Article 31(10) and (14)
thereof,

Whereas:

(1)

(2)

(3)

(4)

The third indent of Article 31(10) of Regulation (EC) No
1255/1999 stipulates that in the case of differentiated
refunds the refund is to be paid on presentation of proof
that the products have reached the destination indicated
on the licence or another destination for which a refund
was fixed. Exceptions to that rule are possible provided
that conditions are laid down offering equivalent guaran-
tees.

that export

In the event
refunds are differentiated
according to destination, Article 18(1) and (2) 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 agricul-
tural products (3), as amended by Regulation (EC) No
1557/2000 (4), stipulates that part of the refund, calcu-
lated using the lowest rate for the refund, is to be paid
on application by the exporter once proof is furnished
that the product has left the customs territoriy of the
Community.

Under special arrangements with certain third countries,
the refund rate applicable to the export of certain milk
products to those countries may be lower, in some cases
by a large amount, than the refund normally applied. It
is also possible that no refund may be fixed so that no
lowest rate of the refund can be fixed either.

Council Regulation (EC) No 2851/2000 (5) establishes
certain concessions in the form of Community tariff
quotas for certain agricultural products and provides for
an adjustment, as an autonomous and transitional
measure, of certain agricultural concessions provided for

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 102, 17.4.1999, p. 11.
(4) OJ L 179, 18.7.2000, p. 6.
(5) OJ L 332, 28.12.2000, p. 7.

(5)

(6)

in the Europe Agreement with Poland. One of those
concessions results in a differentiation of refunds from 1
January 2001 for certain products falling within CN
code 0405 as a result of the abolition of refunds on
those products exported to Poland.

Article 20b of Commission Regulation (EC) No 174/
1999 of 26 January 1999 laying down special detailed
rules for the application of Council Regulation (EEC) No
804/68 as regards export licences and export refunds in
the case of milk and milk products (6), as last amended
by Regulation (EC) No 2884/2000 (7), provides for the
obligation for operators to present to the competent
authorities, on importation into Poland of certain prod-
ucts falling within CN code 0405, a certified copy of the
export licence and the relevant export declaration. The
export licence must include specific information guaran-
teeing that no export refund has been granted on the
products in question. The Polish authorities have under-
taken to ensure that Article 20b of Regulation (EC) No
174/1999 is complied with.

Those special arrangements must therefore be taken into
account when applying the above provisions of Regula-
tions (EC) No 1255/1999 and (EC) No 800/1999 so that
exporters are not burdened with unnecessary costs in
their trade with third countries. To that end, when the
lowest refund rate is determined, no account is to be
taken of the rates fixed under the conditions and for the
particular destination in question.

(7)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

By derogation from the third indent of Article 31(10) of Regu-
lation (EC) No 1255/1999, proof of arrival at destination shall
not be required fro the products falling within CN code 0405
referred to in Article 1(e) of Regulation (EC) No 1255/1999.

(6) OJ L 20, 27.1.1999, p. 8.
(7) See page 76 of this Official Journal.

L 333/80

EN

Official Journal of the European Communities

29.12.2000

The fact that no refund is fixed on the products falling within CN code 0405 referred to in Article 1(e) of
Regulation (EC) No 1255/1999 and intended for Poland shall not be taken into account in determining the
lowest refund rate within the meaning of Article 18(2) of Regulation (EC) No 800/1999.

Article 2

This Regulation shall enter into force on 1 January 2001.

Article 3

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

Done at Brussels, 27 December 2000.

For the Commission

Franz FISCHLER

Member of the Commission