Commission Regulation (EC) No 1369/2002 of 26 July 2002 derogating from Article 31(10) of Council Regulation (EC) No 1255/1999 as regards proof of arrival at destination in the case of differentiated refunds and laying down detailed rules for the application of the lowest export refund rate for certain milk products
Date: 2002-07-26
Institutions: European Commission
Subjects: export, export policy, export refund, milk product, transport document

27.7.2002

EN

Official Journal of the European Communities

L 198/37

COMMISSION REGULATION (EC) No 1369/2002

of 26 July 2002

derogating from Article 31(10) of Council Regulation (EC) No 1255/1999 as regards proof of arrival
at destination in the case of differentiated refunds and laying down detailed rules for the applica-
tion of the lowest export refund rate for certain milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Commission Regula-
tion (EC) No 509/2002 (2), and in particular the third indent of
Article 31(10) and Article 31(14) thereof,

Whereas:

(1)

(2)

(3)

(4)

The third indent of Article 31(10) of Regulation (EC) No
1255/1999 stipulates that in the case of differentiated
refunds the refund is to be paid on presentation of proof
that the products have reached the destination indicated
on the licence or another destination for which a refund
was fixed. Exceptions to that rule are possible provided
that conditions are laid down offering equivalent guaran-
tees.

that export

In the event
refunds are differentiated
according to destination, Article 18(1) and (2) of
Commission Regulation (EC) No 800/1999 of 15 April
1999 laying down common detailed rules for the appli-
cation of the system of export refunds on agricultural
products (3), as last amended by Regulation (EC) No
1253/2002 (4), stipulates that part of the refund, calcu-
lated using the lowest rate for the refund, is to be paid
on application by the exporter once proof is furnished
that the product has left the customs territory of the
Community.

Under special arrangements with certain third countries,
the refund rate applicable to the export of certain milk
products to those countries may be lower, in some cases
by a large amount, than the refund normally applied. It
is also possible that a refund may not be fixed so the
lowest rate of the refund is also the result of the lack of
fixing of a refund.

Council Regulation (EC) No 1151/2002 of 27 June 2002
establishing certain concessions in the form of Commu-
nity tariff quotas for certain agricultural products and
providing for an adjustment, as an autonomous and
transitional measure, of certain agricultural concessions

provided for in the Europe Agreement with Estonia (5)
establishes concessions in the form of reciprocal tariff
quotas involving the abolition of Community refunds on
certain milk products. Similar concessions have been
agreed with Latvia and Lithuania. Refunds
the
products concerned from the three Baltic states have
therefore been abolished with effect from 4 July 2002.

for

(5)

(6)

(7)

The abolition of refunds entails a differentiation of
refunds
to avoid
for certain milk products. So as
requiring exporters to furnish proof of arrival at destina-
tion in order to qualify for a refund in accordance with
Regulation (EC) No 1255/1999, the authorities of the
countries to whom concessions have been granted have
undertaken to ensure
that only consignments of
Community products which have not received refunds
will be accepted for import into those countries. To that
end, the provisions applicable to Poland by virtue of
Article 20(b) of Commission Regulation (EC) No 174/
1999 (6), as last amended by Regulation (EC) No 1368/
2002 (7), have been extended to the countries and
products concerned. A derogation should therefore be
made from Article 31(10) of Regulation (EC) No 1255/
1999.

Article 20(b) of Commission Regulation (EC) No 174/
1999 obliges operators to present a certified copy of the
export licence and the corresponding export declaration
to the competent authorities when the products referred
to in Annex VIII to Regulation (EC) No 174/1999 are
imported to the destinations referred to in that Annex.
The export licence must bear special indications guaran-
teeing that the products concerned have not received an
export refund. The authorities of
the third countries
concerned are to verify compliance with the provisions
of Article 20b of Regulation (EC) No 174/1999.

Account should be taken of these special arrangements
when applying Regulations (EC) No 1255/1999 and (EC)
No 800/1999 so as to avoid imposing on exporters
unnecessary financial charges during their trade with
third countries. To that end, when the lowest refund rate
is determined the rates fixed on the conditions and for
the particular destination concerned should not be taken
into account.

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 79, 22.3.2002, p. 15.
(3) OJ L 102, 17.4.1999, p. 11.
(4) OJ L 183, 12.7.2002, p. 12.

(5) OJ L 170, 29.6.2002, p. 15.
(6) OJ L 20, 27.1.1999, p. 8.
(7) See page 33 of this Official Journal.

L 198/38

EN

Official Journal of the European Communities

27.7.2002

(8)

For the sake of clarity, Commission Regulation (EC) No
2886/2000 of 27 December 2000 derogating from
Article 31(10) of Council Regulation (EC) No 1255/
1999 as regards proof of arrival at destination in the case
of differentiated refunds and laying down detailed rules
for the application of the lowest export refund rate for
certain milk products (1), which lays down similar provi-
sions for the export of certain products to Poland, should
be repealed. The provisions of that Regulation should be
incorporated into this Regulation.

(9)

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

not be required for the products referred to in Annex VIII to
Regulation (EC) No 174/1999.

Article 2

The fact that no refund is fixed on the products referred to in
Annex VIII to Regulation (EC) No 174/1999 shall not be taken
into account in determining the lowest refund rate within the
meaning of the first subparagraph of Article 18(2) of Regula-
tion (EC) No 800/1999.

Article 3

Regulation (EC) No 2886/2000 is hereby repealed.

HAS ADOPTED THIS REGULATION:

Article 1

By derogation from the third indent of Article 31(10) of Regu-
lation (EC) No 1255/1999, proof of arrival at destination shall

Article 4

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

It shall apply to licences applied for from 4 July 2002.

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

Done at Brussels, 26 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 333, 29.12.2000, p. 79.