Commission Regulation (EC) No 1202/2003 of 4 July 2003 laying down transitory measures arising from the adoption of autonomous and transitional measures concerning the export of certain processed agricultural products to the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia and Slovenia
Date: 2003-07-04
Institutions: European Commission
Subjects: Czechia, Estonia, Hungary, Latvia, Lithuania, Slovakia, Slovenia, agricultural product, export, export restriction, processed foodstuff

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Official Journal of the European Union

5.7.2003

COMMISSION REGULATION (EC) No 1202/2003

of 4 July 2003

laying down transitory measures arising from the adoption of autonomous and transitional
measures concerning the export of certain processed agricultural products to the Czech Republic,
Estonia, Hungary, Latvia, Lithuania, Slovakia and Slovenia

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,

the Slovak Republic and the exportation of certain
processed agricultural products to the Slovak Republic (7)
and Council Regulation (EC) No 1090/2003 of 18 June
2003 adopting autonomous and transitional measures
concerning the importation of certain processed agricul-
tural products originating in the Czech Republic and the
exportation of certain processed agricultural products to
the Czech Republic (8) provide on an autonomous basis
for the abolition of refunds on processed agricultural
products not
to the Treaty when
exported to the Estonia, Slovenia, Latvia, Lithuania,
Slovakia and Czech Republic respectively, from 1 July
2003.

listed in Annex I

Whereas:

(1)

(2)

The Community has recently concluded trade agree-
ments for processed agricultural products with the Czech
Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia
and Slovenia in preparation for their accession to the
Community. These agreements provide for concessions
the abolition of
involving, on the Community side,
agricultural
export
products.

on certain

processed

refunds

autonomous

autonomous

certain processed agricultural products

Council Regulation (EC) No 1039/2003 of 2 June 2003
adopting
transitional measures
and
concerning the importation of certain processed agricul-
tural products originating in Estonia and the exportation
of certain agricultural products to Estonia (3), Council
Regulation (EC) No 1086/2003 of 18 June 2003
adopting
transitional measures
and
concerning the importation of certain processed agricul-
tural products originating in Slovenia and the exporta-
to
tion of
Slovenia (4), Council Regulation (EC) No 1087/2003 of
18 June 2003 adopting autonomous and transitional
measures
certain
processed agricultural products originating in Latvia and
agricultural
the
products to Latvia (5), Council Regulation (EC) No 1088/
2003 of 18 June 2003 adopting autonomous and transi-
tional measures concerning the importation of certain
processed agricultural products originating in Lithuania
and the exportation of certain processed agricultural
products to Lithuania (6), Council Regulation (EC) No
1089/2003 of 18 June 2003 adopting autonomous and
transitional measures concerning the importation of
certain processed agricultural products originating in

certain processed

exportation of

importation

concerning

the

of

(3)

(4)

autonomous

Council Regulation (EC) No 999/2003 of 2 June 2003
adopting
transitional measures
and
concerning the import of certain processed agricultural
products originating in Hungary and the export of
certain processed agricultural products to Hungary (9),
provides on an autonomous basis for the abolition of
refunds on the goods, set out in its Article 1, when
exported to Hungary, from 1 July 2003.

In return for the abolition of export refunds as set out in
Regulations (EC) No 1090/2003, (EC) No 1039/2003,
(EC) No 999/2003, (EC) No 1087/2003, (EC) No 1088/
(EC) No 1089/2003 and (EC) No 1086/2003,
2003,
hereinafter referred to as ‘the Regulations’, the Czech,
Estonian, Hungarian, Latvian, Lithuanian, Slovakian and
Slovenian authorities have undertaken to grant reci-
procal duty free import, or duty free import within
quotas, to certain goods imported into their respective
territories if the goods concerned are accompanied by a
copy of
the export declaration containing a special
mention indicating that they are not eligible for payment
of export refunds. The full rate of duty applies in the
absence of such documentation.

(5) With the entry into force of the Regulations, certain
goods for which operators have applied for refund certi-
ficates in accordance with Commission Regulation (EC)
No 1520/2000 of 13 July 2000 laying down common
detailed rules for
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 amount of
such refunds (10), as last amended by Regulation (EC) No
740/2003 (11), will no longer be eligible for refund when
they are exported to the mentioned countries.

the application of

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 298, 25.11.2000, p. 5.
(3) OJ L 151, 19.6.2003, p. 1.
(4) OJ L 163, 1.7.2003, p. 1.
(5) OJ L 163, 1.7.2003, p. 19.
(6) OJ L 163, 1.7.2003, p. 38.

(7) OJ L 163, 1.7.2003, p. 56.
(8) OJ L 163, 1.7.2003, p. 73.
(9) OJ L 146, 13.6.2003, p. 10.
(10) OJ L 177, 15.7.2000, p. 1.
(11) OJ L 106, 29.4.2003, p. 12.

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(6)

(7)

(8)

Reduction of refund certificates and pro-rata release of
the corresponding security should be allowed where
the
operators can demonstrate to the satisfaction of
national competent authority that
for
their claims
refunds have been affected by the entry into force of the
Regulations. When assessing requests for reduction of
the amount of the refund certificate and proportional
release of the relevant security, the national competent
authority should, in cases of doubt, have regard in parti-
cular to the documents referred to in Article 1(2) of
Council Regulation (EEC) No 4045/89 of 21 December
1989 on scrutiny by Member States of
transactions
forming part of the system of financing by the Guar-
antee Section of the European Agricultural Guidance and
Guarantee Fund and repealing Directive 77/435/EEC (1),
as last amended by Regulation (EC) No 2154/2002 (2),
without prejudice to the application of the other provi-
sions of that Regulation.

For administrative reasons it is appropriate to provide
that requests for reduction of the amount of the refund
certificate and release of the security are to be made
within a short period and that the amounts for which
reductions have been accepted are to be notified to the
Commission in time for their inclusion in the determina-
tion of the amount for which refund certificates for use
from 1 August 2003 shall be issued, pursuant to Regula-
tion (EC) No 1520/2000.

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,

HAS ADOPTED THIS REGULATION:

Article 1

Goods in respect of which export refunds have been abolished
by Regulations (EC) No 1090/2003, (EC) No 1039/2003, (EC)
No 999/2003, (EC) No 1087/2003, (EC) No 1088/2003, (EC)
No 1089/2003 and (EC) No 1086/2003 shall, be imported free
of customs duties, or free of customs duties within quotas, into
the Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Slovakia and Slovenia if the goods concerned are accompanied

by a duly completed copy of the export declaration with the
following entry in Box 44:

‘Export Refund: 0 EUR/Regulation (EC) No —/2003 (*).

(*) Enter the number of the relevant Regulation concerning

the destination country.’

Article 2

1.
Refund certificates issued in accordance with Regulation
(EC) No 1520/2000 in respect of exports of the goods for
which export refunds have been abolished by Regulations (EC)
No 1090/2003, (EC) No 1039/2003, (EC) No 999/2003, (EC)
No 1087/2003, (EC) No 1088/2003, (EC) No 1089/2003 and
(EC) No 1086/2003 may, at request of the interested party, be
reduced under the conditions provided for in paragraph 2.

2.
To be eligible for reduction of the amount of the refund
certificate, the certificates referred to in paragraph 1 must have
been applied for before the date of entry into force of the
Regulations mentioned in that paragraph and their validity
period must expire after 30 June 2003.

The certificate shall be reduced by the amount for which
3.
the interested party is unable to claim export refunds following
the entry into force of the Regulations mentioned in paragraph
1, as demonstrated to the satisfaction of the national competent
authority.

In making their appraisal the competent authorities shall, in
cases of doubt, have regard in particular to the commercial
documents referred to in Article 1(2) of Regulation (EEC) No
4045/89.

The relevant security shall be released in proportion to

4.
the reduction concerned.

Article 3

1.
the
To be eligible for consideration under Article 2,
national competent authority must receive the requests by 9
July 2003, at the latest.

2. Member States shall notify the Commission not later than
14 July 2003 of the amounts for which reductions have been
accepted in accordance with Article 2(3). The notified amounts
shall be taken into account
the
amount for which refund certificates for use from 1 August
2003 shall be issued, pursuant to Article 8(3)(f) of Regulation
(EC) No 1520/2000.

for the determination of

Article 4

(1) OJ L 388, 30.12.1989, p. 18.
(2) OJ L 328, 5.12.2002, p. 4.

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

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

Done at Brussels, 4 July 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission