Commission Regulation (EC) No 90/2001 of 17 January 2001 amending Regulation (EC) No 800/1999 laying down common detailed rules for the application of the system of export refunds on agricultural products
Date: 2001-01-17
Institutions: European Commission
Subjects: agricultural product, customs regulations, export, export refund, third country

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Official Journal of the European Communities

18.1.2001

COMMISSION REGULATION (EC) No 90/2001

of 17 January 2001

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,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/
2000 (2), and in particular Articles 13 and 21 thereof and the
the other regulations on the
corresponding provisions of
common organisation of markets in agricultural products,

Whereas:

(1)

(2)

(3)

In the case of products exported in bulk or in non-
standard units for which it is accepted that their exact
net mass cannot be known until after the means of
transport has been loaded, Article 5(6) of Commission
Regulation (EC) No 800/1999 (3), as amended by Regu-
lation (EC) No 1557/2000 (4), provides for a reduction
in the refund if it is found that the net mass actually
loaded is less than a certain percentage of the estimated
net mass. To apply this provision, however, account
needs to be taken of the constraints inherent in trans-
port by sea or inland waterway. In the case of products
exported in bulk,
the quantities
declared are not completely loaded, especially where the
person responsable for the means of
transport has
decided to halt loading for technical reasons or if other
exporters have loaded more than anticipated.

it can happen that

As some cuts of pigmeat are not put up in packaging
and are not by nature standardised, the category of
non-standard units should be extended to include those
products.

As regards the concept of the ‘place of loading’, a great
many administrative and commercial circumstances
it is therefore
affect the trade in agricultural exports;
hard to lay down a single rule and the Member States
should accordingly be allowed to decide on the most
appropriate place for conducting the physical checks of
exported agricultural products qualifying for an export
refund. To this end, there are particularly good grounds
for defining the place of loading differently, depending
on whether the goods are loaded in containers or,
conversely,
in bulk, sacks or cartons, and not subse-
quently loaded into containers. In duly justified cases,
the customs authorities should also be permitted to

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 102, 17.4.1999, p. 11.
(4) OJ L 179, 18.7.2000, p. 6.

accept the lodging of an export declaration for agricul-
tural products qualifying for a refund at a customs office
other than the office responsible for the place where the
products are loaded.

Provision should also be made for products under the
returned-goods system to be reintroduced either via the
Member State in which the products originated or via
the Member State of first export.

Regulation (EC) No 800/1999 should therefore be
amended.

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

(4)

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

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

1. The text of the current third subparagraph of Article 5(6) is

replaced by the following:

‘No refund shall be granted for quantities exceeding 110 %
of the estimated net mass. Where the mass actually loaded
is less than 90 % of the estimated net mass, the refund for
the net mass actually loaded will be reduced by 10 % of the
difference between the refund corresponding to 90 % of the
estimated net mass and the refund corresponding to the
mass actually loaded. However, where export occurs by sea
or navigable inland waterway, if the exporter can supply
signed proof from the person responsible for the means of
transport that constraints peculiar to this type of transport
or alternatively overloading on the part of other exporters
have prevented the loading of all his goods, the refund shall
be paid for the net mass actually loaded. This subparagraph
shall apply if the exporter has used the local clearance
procedure provided for in Article 283 of Regulation (EEC)
No 2454/93, provided that the customs authorities have
authorised the correction of
the records in which the
exported products were entered.’

2. The text of the current fourth subparagraph of Article 5(6)

is replaced by the following:

‘The following shall be considered non-standard units: live
animals, (half-) carcases, quarters, fore-ends, legs, shoulders,
bellies and loins.’

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Official Journal of the European Communities

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3. Article 5(7) is replaced by the following:

All persons exporting products for which they claim a

‘7.
refund shall be required to:

(a) lodge

the

competent
export declaration with the
customs office in the place where the products are to be
loaded for export transport;

(b) inform that customs office at least 24 hours prior to
starting the loading operations and indicate the antici-
pated duration of loading. The competent authorities
may stipulate a time limit other than 24 hours.
The following may be considered as the place of loading for
the transport of products intended for export:
— in the case of products exported in containers, the place

where they are loaded into the containers,

— in the case of products exported in bulk, sacks, cartons,
boxes, bottles, etc. and not loaded into containers, the
place where the means of transport, in which they will
leave the customs territory of the Community, is loaded.
The competent customs office may authorise the loading
operations after having accepted the export declaration,
before expiry of the time limit referred to in point (b).
The competent customs office must be able to make phys-
ical checks and identify the goods for transport to the office
of exit from the customs territory of the Community.
If the first subparagraph cannot be applied for adminis-
trative or other duly justified reasons, the export declaration
may be lodged only with a competent customs office in the

Member State concerned and, where a physical check is
carried out in accordance with Regulation (EEC) No 386/90,
any goods presented must be fully unloaded. However, the
goods do not have to be unloaded completely if
the
competent authorities can perform a thorough physical
check.’

4. The last subparagraph of Article 25(3) is replaced by the

following:

‘This provision shall apply only where the returned-goods
system is used in the Member State in which the export
declaration covering the original export was accepted or in
the Member State of origin in accordance with Article 15 of
Council Directive 97/78/EC (*) laying down the principles
governing the organisation of veterinary checks on products
entering the Community from third countries.

(*) OJ L 24, 30.1.1998, p. 9.’

Article 2

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

At an exporter's request, Article 1(1) shall apply to those
refund case files that have not been closed by the time this
Regulation enters into force.

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

Done at Brussels, 17 January 2001.

For the Commission

Franz FISCHLER

Member of the Commission