Commission Regulation (EC) No 602/2001 of 28 March 2001 amending Regulation (EC) No 1501/95 with regard to the conditions for the payment of export refunds on products falling within CN codes 100190, 1101, 1102 and ex2302
Date: 2001-03-28
Institutions: European Commission
Subjects: Poland, cereal product, cereals, export, export refund

L 89/16

EN

Official Journal of the European Communities

29.3.2001

COMMISSION REGULATION (EC) No 602/2001

of 28 March 2001

amending Regulation (EC) No 1501/95 with regard to the conditions for the payment of export
refunds on products falling within CN codes 1001 90, 1101, 1102 and ex 2302

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 Article 13 thereof,

Whereas:

(1)

Article 3 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 (3), as last amended by Regulation
(EC) No 90/2001 (4), lays down that, when a differen-
tiated refund applies for a specific third country, entitle-
ment to the refund is acquired on importation into that
third country. Articles 14, 15 and 16 of that Regulation
lay down the conditions for the payment of the refund
when a differentiated refund applies and in particular the
documents to be presented to prove the arrival of the
product at destination.

licences for cereals and rice (6), as last amended by Regu-
lation (EC) No 409/2001 (7),
lays down the operators
must present to the competent authorities on import
into Poland of certain products falling within CN codes
1001 90, 1101, 1102 and ex 2302 certified copies of
the export licence and of the relevant export declaration.
The export licence includes specific information guaran-
teeing that no export refund has been granted on the
products concerned. The Polish authorities have under-
taken to check compliance with Article 7a of Regulation
(EC) No 1162/95.

Account must
those special
therefore be taken of
arrangements, which entered into force on 1 March
2001, when applying the above provisions of Regulation
(EC) No 800/1999 so as not to impose unnecesary costs
on exporters trading with third countries. To that end,
no acocunt should be taken of the fact that no refund
has been fixed for the destination concerned in deter-
mining the lowest rate of refund.

Commission Regulation (EC) No 1501/95 (8), as last
amended by Regulation (EC) No 2513/98 (9), lays down
certain detailed rules for the application of Regulation
(EEC) No 1766/92 on the granting of export refunds on
cereals and the measures to be taken in the event of
disturbance on the market for cereals and should there-
fore be amended to insert the derogations required for
Regulation (EC) No 800/1999.

(5)

(6)

(2) When a differentiated refund applies, Article 18(1) and
(2) of Regulation (EC) No 800/1999 lays down that part
of the refund, calculated using the lowest refund rate, is
be paid on application by the exporter once proof is
furnished that the product has left the customs territory
of the Community.

(7)

This Regulation should enter into force immediately.

(8)

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

(3)

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
in the Europe Agreement with the Republic of Poland.
One of those concessions is the abolition of refunds for
common wheat, flour and bran exported to Poland.

(4)

Article 7a of Commission Regulation (EC) No 1162/95
of 23 May 1995 laying down special detailed rules for
import and export
the system of
the application of

HAS ADOPTED THIS REGULATION:

Article 1

The following Article 13a is added to Regulation (EC) No
1501/95:

(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 14, 18.1.2001, p. 22.
(5) OJ L 332, 28.12.2000, p. 7.

(6) OJ L 117, 24.5.1995, p. 2.
(7) OJ L 60, 1.3.2001, p. 27.
(8) OJ L 147, 30.6.1995, p. 7.
(9) OJ L 313, 21.11.1998, p. 16.

29.3.2001

EN

Official Journal of the European Communities

L 89/17

‘Article 13a

1. Where the differentiation of the refund is the result solely of a refund not having been fixed for
Poland, and notwithstanding Article 16 of Regulation (EC) No 800/1999, proof that customs formali-
ties for importation have been completed shall not be required for payment of the refund for products
falling within CN codes 1001 90, 1101, 1102 and ex 2302.

2.
The fact that a refund has not been fixed for the export of products falling within CN codes
1001 90, 1101, 1102 and ex 2302 to Poland shall not be taken into account in determining the
lowest rate of refund within the meaning of Article 18(2) of Regulation (EC) No 800/1999.’

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

It shall apply to export declarations accepted from 1 March 2001.

Article 2

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

Done at Brussels, 28 March 2001.

For the Commission

Franz FISCHLER

Member of the Commission