Commission Regulation (EC) No 1801/2002 of 10 October 2002 amending Regulation (EC) No 1323/2002 derogating from Regulation (EC) No 800/1999 as regards the export of cereal products to third countries other than Hungary
Date: 2002-10-10
Institutions: European Commission
Subjects: Hungary, cereal product, cereals, export, export refund, third country, trade agreement

11.10.2002

EN

Official Journal of the European Communities

L 274/19

COMMISSION REGULATION (EC) No 1801/2002

of 10 October 2002

amending Regulation (EC) No 1323/2002 derogating from Regulation (EC) No 800/1999 as regards
the export of cereal products to third countries other than Hungary

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 thereof,

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 1408/2002 (3) 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 Hungary. In the cereals sector,
one of these concessions is the elimination as of 1 July
2002 of refunds on most of the products referred to in
Article 1(1) of Regulation (EEC) No 1766/92.

Since Regulation (EC) No 1408/2002 was not adopted
and published until the end of July, at 1 July 2002
Hungary had not been excluded from the eligible desti-
nations under the invitation to tender for export refunds
on common wheat opened by Commission Regulation
(EC) No 899/2002 (4), as amended by Regulation (EC)
No 1520/2002 (5). However, since refunds were granted
during that period under
the tendering procedure
concerned, flat-rate negative corrections have been intro-
duced for exports to Hungary to prepare for the retroac-
tive application of the EC-Hungary trade agreement, and
this has led to a situation of differentiated refunds.

Commission Regulation (EC) No 1323/2002 (6) provides
that proof that the customs import formalities have been
completed, as required by Commission Regulation (EC)
No 800/1999 laying down common detailed rules for
the application of the system of export refunds on agri-
cultural products (7), as last amended by Regulation (EC)
No 1253/2002 (8), is not to be required for payment of
the refund where the differentiation of the refund is the
result solely of a refund not having been fixed for
Hungary.

Hungary unless the goods are accompanied by docu-
ments certifying that they have not received a refund,
and since there is no danger of deflection of trade, the
derogation provided for in Regulation (EC) No 1323/
2002 should also be granted in the case where the
refund is set at zero by means of negative corrections.

(5)

(6)

Article 1 of Regulation (EC) No 1323/2002 should there-
fore be supplemented accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 1 of Regulation (EC) No 1323/2002 is replaced by the
following:

‘Article 1

1.
As an exception to Article 16 of Regulation (EC) No
800/1999, where the differentiation of the refund is the
result solely of a refund not having been fixed for Hungary
or the setting at zero of that refund by means of negative
corrections, proof that customs formalities for importation
have been completed shall not be required for payment of
the refund for the products listed in the Annex to this
Regulation.

2.
The fact that a refund has not been fixed or has been
set at zero by means of negative corrections for the
products for export to Hungary listed in the Annex to
Regulation (EC) No 1162/95 shall not be taken account in
determining the lowest rate of refund within the meaning
of Article 18(2) of Regulation (EC) No 800/1999.’

(4)

Since the Hungarian authorities have undertaken not to
grant preferential duty to cereal products imported into

Article 2

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 205, 2.8.2002, p. 9.
(4) OJ L 142, 31.5.2002, p. 11.
(5) OJ L 228, 24.8.2002, p. 18.
(6) OJ L 194, 23.7.2002, p. 24.
(7) OJ L 102, 17.4.1999, p. 11.
(8) OJ L 183, 12.7.2002, p. 12.

This Regulation shall enter into force on the day of its publica-
tion in the Official Journal of the European Communities.

It shall apply to applications for export licences lodged from 1
July 2002.

L 274/20

EN

Official Journal of the European Communities

11.10.2002

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

Done at Brussels, 10 October 2002.

For the Commission

Franz FISCHLER

Member of the Commission