Commission Regulation (EC) No 2299/2001 of 26 November 2001 amending Regulation (EC) No 800/1999 laying down common detailed rules for the application of the system of export refunds on agricultural products, and Regulation (EC) No 1291/2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products
Date: 2001-11-26
Institutions: European Commission
Subjects: agricultural product, export licence, export refund, food aid, import licence

27.11.2001

EN

Official Journal of the European Communities

L 308/19

COMMISSION REGULATION (EC) No 2299/2001

of 26 November 2001

amending Regulation (EC) No 800/1999 laying down common detailed rules for the application of
the system of export refunds on agricultural products, and Regulation (EC) No 1291/2000 laying
down common detailed rules for the application of the system of import and export licences and
advance fixing certificates for 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 Commission Regulation (EC) No
1666/2000 (2), and in particular Article 9(2) and Article 13(11)
thereof, and to the corresponding provisions of the other regu-
lations on the common organisation of the markets in agricul-
tural products,

Whereas:

‘Entitlement to the refund shall be conditional upon the
presentation of an export licence with advance fixing of the
refund, except in the case of exports of goods.

However, no licence shall be required to obtain a refund:

— where the quantities exported per export declaration are
less than or equal to the quantities set out in Annex III
to Regulation (EC) No 1291/2000,

— in cases covered by Articles 6, 36, 40, 44, 45 and

Article 46(1),

— for deliveries to Member States' armed forces stationed

in non-member countries.’

(1)

(2)

(3)

Article 3 of Commission Regulation (EC) No 2298/2001
of 26 November 2001 laying down detailed rules for the
export of products supplied as food aid (3), stipulates
that an export licence with advance fixing of the refund
must be presented for exports in the context of food-aid
operations for which a refund is sought. The relevant
provisions of Commission Regulation (EC) No 800/
1999 (4), as last amended by Regulation (EC) No 90/
2001 (5), and Commission Regulation (EC) No 1291/
2000 (6), as last amended by Regulation (EC) No 1095/
2001 (7), should therefore be amended.

Article 5(1) of Regulation (EC) No 1291/2000 excludes
certain operations from the requirement to produce a
licence, including the operations covered by Articles 36,
40 and 44 of Regulation (EC) No 800/1999. The refer-
ence made in Article 24(1) of Regulation (EC) No 1291/
2000 to the licences for these operations does not there-
fore apply and must be deleted as a result.

Article 2

Regulation (EC) No 1291/2000 is amended as follows:

1. Article 16 is replaced by the following text:

‘Article 16

Applications for licences and licences with advance fixing of
the refund which are drawn up in connection with a
food-aid operation within the meaning of Article 10(4) of
the Agreement on Agriculture concluded as part of the
trade negotiations shall
Uruguay Round of multilateral
contain in section 20 at least one of the following wordings:

— Certificado GATT — Ayuda alimentaria

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

— GATT-licens — fødevarehjælp

— GATT-Lizenz, Nahrungsmittelhilfe

HAS ADOPTED THIS REGULATION:

Article 1

Article 4(1) of Regulation (EC) No 800/1999 is replaced by the
following:

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) See page 16 of this Official Journal.
(4) OJ L 102, 17.4.1999, p. 11.
(5) OJ L 14, 18.1.2001, p. 22.
(6) OJ L 152, 24.6.2000, p. 1.
(7) OJ L 150, 6.6.2001, p. 25.

— Πιστοποιητικό GATT — επισιτιστική βοήθεια

— Licence under GATT — food aid

— Certificat GATT — aide alimentaire

— Titolo GATT — Aiuto alimentare

— GATT-certificaat — Voedselhulp

— Certificado GATT — ajuda alimentar

— GATT-todistus — elintarvikeapu

— GATT-licens — livsmedelsbistånd.

The country of destination shall be indicated in Section 7.
This licence shall be valid only for exports in the context of
such food-aid operations.’

L 308/20

EN

Official Journal of the European Communities

27.11.2001

2. Article 24(1)(b) is replaced by the following:

‘(b) in the case of an export licence or certificate of advance fixing of the refund, the declaration relating

to:
— export, or
— the placing of products under one of the arrangements provided for in Articles 4 and 5 of

Regulation (EEC) No 565/80.’

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

Article 3

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

Done at Brussels, 26 November 2001.

For the Commission

Franz FISCHLER

Member of the Commission