Commission Regulation (EC) No 1163/2002 of 28 June 2002 amending Regulation (EC) No 1501/95 as regards the conditions for the payment of export refunds on cereal products
Date: 2002-06-28
Institutions: European Commission
Subjects: cereal product, cereals, export, export refund

L 170/46

EN

Official Journal of the European Communities

29.6.2002

COMMISSION REGULATION (EC) No 1163/2002

of 28 June 2002

amending Regulation (EC) No 1501/95 as regards the conditions for the payment of export refunds
on cereal 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 Article 13(11) 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 2299/2001 (4), stipulates 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.

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

(3)

Commission Regulation (EC) No 1501/95 of 29 June
1995 laying down certain detailed rules for the applica-
tion of Council 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 (5), as last amended by Regulation (EC) No
602/2001 (6), provides for exceptions to Regulation (EC)
No 800/1999 as a result of a trade agreement concluded
in 2000 on the abolition of refunds on common wheat,
flour and bran exported to Poland.

(4)

Trade agreements have recently been concluded between
the European Community and Estonia, Latvia and Lithu-
ania (the Baltic States) establishing certain concessions in
the form of Community tariff quotas for certain agricul-

(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 308, 27.11.2001, p. 19.
(5) OJ L 147, 30.6.1995, p. 7.
(6) OJ L 89, 29.3.2001, p. 16.

tural products and the total
liberalisation of trade in
other agricultural products. In the cereals sector, one of
these concessions is the abolition of refunds on most of
the products referred to in Article 1(1) of Regulation
(EEC) No 1766/92.

Article 7a of Commission Regulation (EC) No 1162/95
of 23 May 1995 laying down special detailed rules for
the application of
import and export
the system of
licences for cereals and rice (7), as last amended by Regu-
lation (EC) No 1006/2002 (8), provides
special
arrangements for exports to Poland and the Baltic States.

for

Account must
those special
therefore be taken of
arrangements, which are due to enter into force on 1
July 2002, so as not to impose unnecessary costs on
exporters trading with the third countries concerned. To
that end, in determining the lowest rate of refund, no
account should be taken of the fact that no refund has
been fixed for the destination concerned.

The provisions of Regulation (EC) No 1501/95
containing the exceptions to Regulation (EC) No 800/
1999 should therefore be adapted to take account of the
new trade agreements concluded with the Baltic States.

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

(5)

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

Article 13a of Regulation (EC) No 1501/95 is replaced by the
following:

‘Article 13a

As an exception to Article 16 of Commission Regula-
1.
tion (EC) No 800/1999 (*), where the differentiation of the
refund is the result solely of a refund not having been fixed
for the destinations referred to in Annex IV to Regulation
(EC) No 1162/95, proof
that customs formalities for
importation have been completed shall not be required for
payment of
the refund for the products listed in that
Annex.

(7) OJ L 117, 24.5.1995, p. 2.
(8) OJ L 153, 12.6.2002, p. 5.

29.6.2002

EN

Official Journal of the European Communities

L 170/47

The fact that a refund has not been fixed for the
2.
export of products as referred to in Annex IV to Regulation
(EC) No 1162/95 for the destinations indicated therein 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.

Article 2

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

(*) OJ L 102, 17.4.1999, p. 11.’

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