Commission Regulation (EC) No 1176/2002 of 28 June 2002 laying down detailed rules for exports of certain fruit and vegetables and processed fruit and vegetable products to Estonia and amending Regulations (EC) Nos 1961/2001 and 1429/95
Date: 2002-06-28
Institutions: European Commission
Subjects: Estonia, export, export licence, export refund, fruit product, vegetable, vegetable product

29.6.2002

EN

Official Journal of the European Communities

L 170/69

COMMISSION REGULATION (EC) No 1176/2002

of 28 June 2002

laying down detailed rules for exports of certain fruit and vegetables and processed fruit and
vegetable products to Estonia and amending Regulations (EC) Nos 1961/2001 and 1429/95

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

on exports of the products in question to other third
countries, Estonia has undertaken to ensure that only
products not having qualified for refunds and coming
directly from the Community are allowed to be
imported into Estonia.

Having regard to Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of the market in
fruit and vegetables (1), as last amended by Commission Regu-
lation (EC) No 545/2002 (2), and in particular Article 31(2) and
Article 35(11) thereof,

(4)

Having regard to Council Regulation (EC) No 2201/96 of 28
October 1996 on the common organisation of the markets in
processed fruit and vegetable products (3), as last amended by
Commission Regulation (EC) No 453/2002 (4), and in partic-
ular Article 11(2), Article 16(8) and Article 17(5) thereof,

Whereas:

(1)

(2)

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 (5), as last amended by Regulation
(EC) No 2299/2001 (6), 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 furnish proof of the
arrival of the product at destination.

Council Regulation (EC) No 1148/2002 (7) establishes
concessions in the form of Community tariff quotas for
certain agricultural products and provides for an adjust-
ment, as an autonomous and transitional measure, of
certain agricultural concessions provided for
in the
Europe Agreement with Estonia. One of the concessions
provided for is the abolition with effect from 1 July
2002 of refunds on exports to Estonia of Community
products covered by the common organisations of the
markets in fruit and vegetables and processed fruit and
vegetables.

(3)

To prevent that concession from leading to the applica-
tion of the abovementioned Articles 14, 15 and 16 of
Regulation (EC) No 800/1999 when refunds are granted

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 84, 28.3.2002, p. 1.
(3) OJ L 297, 21.11.1996, p. 29.
(4) OJ L 72, 14.3.2002, p. 9.
(5) OJ L 102, 17.4.1999, p. 11.
(6) OJ L 308, 27.11.2001, p. 19.
(7) See page 11 of this Official Journal.

To enable the Estonian authorities to carry out such
checks, provision should be made for the obligation
when importing the products in question to present to
the Estonian authorities, on the one hand, a certified
copy of the export licence, bearing specific indications
guaranteeing that no export refund has been granted on
the products referred to therein and, on the other, a
certified copy of the export declaration bearing certain
specific references to the export licence. The detailed
rules on licence arrangements must be complementary
to or derogate from those laid down by Commission
Regulation (EC) No 1291/2000 of 9 June 2000 laying
down common detailed rules for the application of the
system of import and export licences and advance fixing
certificates for agricultural products (8), as last amended
by Regulation (EC) No 2299/2001.

Account must also be taken of those special arrange-
ments when applying the abovementioned provisions of
Regulation (EC) No 800/1999 so as not
to impose
unnecessary costs on exporters trading with third coun-
tries. To that end account should not be taken when
determining the lowest rate of the refund of the fact that
an export refund has not been fixed for Estonia. The
detailed rules for the application of export refunds laid
down by Commission Regulation (EC) No 1961/2001 (9)
for fresh fruit and vegetables and by Commission Regu-
lation (EC) No 1429/95 (10), as last amended by Regula-
tion (EC) No 1962/2001 (11), for processed fruit and
vegetable products should therefore be amended accord-
ingly.

Lastly, action should be taken to cushion the impact of
the abovementioned concessions on the use of licences
issued before the entry into force of this Regulation for
the grant of refunds on exports to Estonia where import
operations could not be completed before 1 July 2002.
Cancellation of those licences and reimbursement of the
security in proportion to the quantities not used should
be permitted.

(5)

(6)

(8) OJ L 152, 24.6.2000, p. 1.
(9) OJ L 268, 9.10.2001, p. 8.
(10) OJ L 141, 24.6.1995, p. 28.
(11) OJ L 268, 9.10.2001, p. 19.

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Official Journal of the European Communities

29.6.2002

(7)

(8)

the products concerned
The exact determination of
requires reference to the agricultural product nomencla-
ture for export
refunds laid down by Commission
Regulation (EC) No 3846/87 (1), as last amended by
Regulation (EC) No 1007/2002 (2).

The measures provided for in this Regulation are in
accordance with the opinion of the Joint Meeting of
Management Committees for fresh fruit and vegetables
and for processed fruit and vegetables,

HAS ADOPTED THIS REGULATION:

Article 1

Exports to Estonia of the products listed in Annex I shall be
subject to the presentation of the following documents to the
competent Estonian authorities for each consignment:

(a) a certified copy of the export licence, hereinafter referred to
as the ‘licence’, issued in accordance with Regulation (EC)
No 1291/2000 subject to Article 2 of this Regulation and

(b) a duly endorsed copy of the export declaration with, in box
44, a reference to the serial number of the corresponding
licence.

Such exports shall not qualify for a refund. They shall not have
been exported previously to another third country.

Article 2

Licence applications and licences

1.
following entries:

shall contain the

(a) in box 7 ‘Estonia’ and the word ‘yes’ marked with a cross;

(b) in box 20 one of the following entries:

— Exportación a Estonia. Reglamento (CE) no 1148/2002

— Udførsel til Estland. Forordning (EF) nr. 1148/2002

— Ausfuhr nach Estland. Verordnung (EG) Nr. 1148/2002

— Εξαγωγή στην Εσθονία. Κανονισµός (ΕΚ) αριθ. 1148/2002

— Export to Estonia. Council Regulation (EC) No 1148/

2002

— Exportation en Estonie. Règlement (CE) no 1148/2002

— Esportazione in Estonia. Regolamento (CE) n. 1148/

2002

— Uitvoer naar Estland. Verordening (EG) nr. 1148/2002

— Exportação para a Estónia. Regulamento (CE) n.o 1148/

2002

— Vienti Viroon. Asetus (EY) N:o 1148/2002

— Export till Estland. Förordning (EG) nr 1148/2002

and the product code from the Regulation (EC) No 3846/87
nomenclature.

(1) OJ L 366, 24.12.1987, p. 1.
(2) OJ L 153, 13.6.2002, p. 8.

Box 22 of the licence shall contain one of the following

2.
entries:
— Sin restitución por exportación
— Uden eksportrestitution
— Ohne Ausfuhrerstattung
— Χωρίς επιστροφή κατά την εξαγωγή
— No export refund
— Sans restitution à l'exportation
— Senza restituzione all'esportazione
— Zonder uitvoerrestitutie
— Sem restituição à exportação
— Ilman vientitukea
— Utan exportbidrag.

Licences shall be valid only for the products and quant-

3.
ities indicated therein.

4.
Licences issued under this Regulation shall carry with
them an obligation to export to the destination indicated in
box 7.

At the request of the party concerned, a certified copy of

5.
the endorsed licence shall be issued.

6.

The term of validity of licences shall be three months.

Notwithstanding Article 15(2) of Regulation (EC) No
7.
1291/2000, the issue of a licence shall not be subject to
provision of a security.

Article 3

The Member States shall notify the Commission before the
tenth of each month of the number of licences issued during
the previous month and the quantities of products concerned,
broken down by code of the Regulation (EC) No 3846/87
nomenclature.

Article 4

Export licences issued before the entry into force of this Regu-
lation with a view to the grant of a refund under Article 35(6)
of Regulation (EC) No 2200/96 or Article 16(4) of Regulation
(EC) No 2201/96 for one of the products listed in the Annex
and specifying Estonia as the destination in box 7 shall, upon
application by the party concerned not later than one month
after the end of the period of validity of the said licence, be
cancelled and the amounts of the security shall be released in
proportion to the quantities not used.

Article 5

The following Article 7a is inserted in Regulation (EC) No

1.
1961/2001:

‘Article 7a

1. Where the differentiation of the refund is the result
solely of a refund not having been fixed for Estonia, and
notwithstanding Article 16 of Commission Regulation (EC)
No 800/1999, proof that customs import formalities have
been completed shall not be required for payment of the
refund for products falling within CN codes ex 0802, 0805
and 0806.

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Official Journal of the European Communities

L 170/71

The fact that a refund has not been fixed for the
2.
export of products falling within CN codes 0802, 0805 and
0806 to Estonia shall not be taken into account in deter-
mining the lowest rate of refund within the meaning of
Article 18(2) of Regulation (EC) No 800/1999.’

The fact that a refund has not been fixed for the
2.
export of products falling within CN codes 2008 and 2009
to Estonia 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.

The following Article 7a is hereby inserted in Regulation

2.
(EC) No 1429/95:

(*) OJ L 102, 17.4.1999, p. 11.’

‘Article 7a

1. Where the differentiation of the refund is the result
solely of a refund not having been fixed for Estonia, and
notwithstanding Article 16 of Commission Regulation (EC)
No 800/1999 (*), proof that customs import formalities
have been completed shall not be required for payment of
the refund for products falling within CN codes 2008 and
2009.

Article 6

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

It shall apply from 1 July 2002.

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

Done at Brussels, 28 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

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ANNEX

List of fruit and vegetables and processed fruit and vegetables not qualifying for an export refund when
exported to Estonia

Without prejudice to the rules for the interpretation of the combined nomenclature, the description of the products is
deemed to be indicative only. The scope of the obligation provided for in Article 1 of this Regulation is, for the purposes
of this Annex, determined by the scope of the CN codes as they exist at the time of the adoption of this Regulation.
Where ‘ex’ appears before the CN code, the scope of the obligation provided for in Article 1 of this Regulation is
determined both by the scope of the CN code and that of the code within the meaning of Regulation (EC) No 3846/87.

CN code

Description

ex 0802 12

Sweet almonds, shelled

0802 21 00
0802 22 00

Hazelnuts or filberts (Corylus spp.)

0802 31 00

Common walnuts,

in shell

ex 0805 10 10
ex 0805 10 30
ex 0805 10 50

Oranges

ex 0805 50 10

Lemons

ex 0806 10 10

Fresh table grapes

ex 2008 19 19
ex 2008 19 99

ex 2009 11 99
ex 2009 12 00
ex 2009 19 98

Hazelnuts or filberts, prepared or preserved

Orange juice

(Regulation (EC)
No 3846/87 code)

0802 12 90 9000

0802 21 00 9000
0802 22 00 9000

0802 31 00 9000

0805 10 10 9100
0805 10 30 9100
0805 10 50 9100

0805 50 10 9100

0806 10 10 9100

2008 19 19 9100
2008 19 99 9100

2009 11 99 9110
2009 11 99 9150
2009 12 00 9111
2009 19 98 9112
2009 19 98 9150