Commission Regulation (EC) No 1052/2002 of 17 June 2002 amending Regulation (EC) No 1520/2000 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amounts of such refunds
Date: 2002-06-17
Institutions: European Commission
Subjects: common organisation of markets, confectionery product, export (EU), export refund, maize

L 160/16

EN

Official Journal of the European Communities

18.6.2002

COMMISSION REGULATION (EC) No 1052/2002

of 17 June 2002

amending Regulation (EC) No 1520/2000 laying down common detailed rules for the application of
the system of granting export refunds on certain agricultural products exported in the form of
goods not covered by Annex I to the Treaty, and the criteria for fixing the amounts of such refunds

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to 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 (1), as last amended by Regulation (EC) No 2580/
2000 (2), and in particular Article 8(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

The experience gained with the application of Commis-
sion Regulation (EC) No 1520/2000 of 13 July 2000
laying down common detailed rules for the application
of the system of granting export refunds on certain
agricultural products exported in the form of goods not
covered by Annex I to the Treaty, and the criteria for
fixing the amounts of such refund (3) as last amended by
Regulation (EC) No 595/2002 (4),
indicates that it is
appropriate to provide more flexible transfer rules for
refund certificates with short validity periods which issue
towards the end of the budget period and to increase the
threshold below which certain operators are exempted
from presenting certificates.

In order to make adequate provision for this increased
threshold the reserve for each budget year, mentioned in
Article 14(1), should be increased.

Furthermore,
in light of this increased threshold the
amount above which the Commission may suspend the
application of Article 14(1) and (2) should be increased.

Combined nomenclature codes of certain goods listed in
Council Regulation (EEC) No 2771/75 of 29 October
1975 on the common organisation of the market in
eggs (5), as last amended by Commission Regulation (EC)
No 493/2002 (6), Council Regulation (EC) No 1255/
1999 of 17 May 1999 on the common organisation of
the market
last
amended by Commission Regulation (EC) No 509/
2002 (8) and Council Regulation (EC) No 1260/2001 of
the
19 June 2001 on the common organisation of
markets in the sugar sector (9), as last amended by

in milk and milk products (7), as

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 298, 25.11.2000, p. 5.
(3) OJ L 177, 15.7.2000, p. 1.
(4) OJ L 91, 6.4.2002, p. 5.
(5) OJ L 282, 1.11.1975, p. 49.
(6) OJ L 77, 20.3.2002, p. 7.
(7) OJ L 160, 26.6.1999, p. 48.
(8) OJ L 79, 22.3.2002, p. 15.
(9) OJ L 178, 30.6.2001, p. 1.

Commission Regulation (EC) No 680/2002 (10), have
been amended to take account of the amendments to
Annex I to Council Regulation (EEC) No 2658/87 of 23
July 1987 on the tariff and statistical nomenclature and
on the Common Customs Tariff (11), as last amended by
Commission Regulation (EC) No 796/2002 (12),
intro-
duced by Commission Regulation (EC) No 2031/
2001 (13) with effect from 1 January 2002.

Annexes B and D of Regulation (EC) No 1520/2000
should therefore be updated in order to maintain equiva-
lence with the respective Annexes of Regulations (EEC)
No 2771/75, (EC) No 1255/1999 and (EC) No 1260/
2001.

It is appropriate to render more precise the current
wording of Article 8(1) in order to provide for greater
legal certainty. As a consequence the wording of the
(k) should also be
instruction given at Annex F III
amended.

In respect of the goods listed in Annex C, the quantity of
basic products to be taken in calculating the amount of
the refund shall be that shown in that Annex against
each of those goods. However, the quantity shown in
respect of CN code ex 2008 99 85 should be modified
as it is excessive.

Regulation (EC) No 1520/2000 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee on horizontal questions concerning trade in
processed agricultural products not listed in Annex I to
the Treaty,

(5)

(6)

(7)

(8)

(9)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1520/2000 is amended as follows:

1. the following paragraph 1a is added to Article 6(1):

(10) OJ L 104, 20.4.2002, p. 26.
(11) OJ L 256, 7.9.1987, p. 1.
(12) OJ L 128, 15.5.2002, p. 8.
(13) OJ L 279, 23.10.2001, p. 1.

18.6.2002

EN

Official Journal of the European Communities

L 160/17

By way of derogation from paragraph 1, for refund
‘1a.
certificates issued for use as from 1 June for goods to be
exported before 1 October the requirement to enter the
name and address of the transferee in box 20 of the applica-
tion form shall not apply. Box 6 shall not be deleted from
these refund certificates.

For the budget period ending 30 September 2002,
the
provisions of the first subparagraph shall apply to refund
certificates issued for use from 1 August 2002.’;

2. Paragraph 1 of Article 8 is replaced by the following:

‘1.
Refund certificates issued for a single budget period
may be applied for separately in six tranches. Applications
for certificates may be submitted at the latest on:

(a) 7 September for certificates for use from 1 October;

(b) 7 November for certificates for use from 1 December;

(c) 7 January for certificates for use from 1 February;

(d) 7 March for certificates for use from 1 April;

(e) 7 May for certificates for use from 1 June;

(f) 7 July for certificates for use from 1 August.’;

3. Article 14 is amended as follows:

(b) in paragraph 2, the first subparagraph is replaced by the

following:

‘This Article shall apply to exports by operators that
have not held a refund certificate since the beginning of
the budget period in question and do not hold such a
certificate on the date of export. The applications
submitted by the operator on the terms set out
in
Annex F, section VI, paragraph 2, during the budget
year and before the submission of the application for
than
question must
the
EUR 75 000.’;

export

total

less

in

(c) in paragraph 3, the second subparagraph is replaced by

the following:

‘If the sum of the amounts notified by the Member
States reaches EUR 25 million, the Commission may
suspend the application of paragraphs 1 and 2 to
exports not covered by a refund certificate.’;

4.

in Annex B the line ‘1905 30 − Sweet biscuits: waffles and
wafers’

is replaced by the following:

‘— Sweet biscuits; waffles and wafers:

1905 31 − − Sweet biscuits;

1905 32 − − Waffles and wafers’;

(a) in the first subparagraph of paragraph 1,

‘30 million

euros’

is replaced by ‘EUR 35 million’;

5.

in Annex C, the entry in respect of CN code ex 2008 99 85
is replaced by the following:

CN code

Description

Common
wheat

Durum wheat

Maize (corn)

Wholly milled
long-grain rice

Wholly milled
round-grain rice

Barley

White sugar

Whey (PG1)

Skimmed-milk
powder (PG2)

Eggs in shell

‘ex 2008 99 85

– – – – Maize

(corn),

in grain
than sweet
var.

(Zea mays

form, other
corn
Saccharata):

60 (1)’

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.

1
8
6
2
0
0
2

18.6.2002

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Official Journal of the European Communities

L 160/19

6.

in Annex D, the line ‘1905 30 − Sweet biscuits: waffles and wafers’
‘— Sweet biscuits; waffles and wafers:

is replaced by the following:

1905 31 − − Sweet biscuits;
1905 32 − − Waffles and wafers’;
7. Annex F III (k) is replaced by the following:

‘Box 22 must contain the words: “for use from …”, determined in accordance with Article 8.’

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

Article 2

Article 1(3) shall apply with effect from 1 October 2002.

Article 1(4) and (6) shall apply with effect from 1 January 2002.

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

Done at Brussels, 17 June 2002.

For the Commission

Erkki LIIKANEN

Member of the Commission