Commission Regulation (EC) No 1252/2003 of 14 July 2003 laying down derogations from Regulation (EC) No 800/1999 as regards products in the form of goods not covered by Annex I to the Treaty exported to third countries other than the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia and Slovenia
Date: 2003-07-14
Institutions: European Commission
Subjects: agricultural product, export refund, processed foodstuff, third country

15.7.2003

EN

Official Journal of the European Union

L 175/29

COMMISSION REGULATION (EC) No 1252/2003
of 14 July 2003
laying down derogations from Regulation (EC) No 800/1999 as regards products in the form of
goods not covered by Annex I to the Treaty exported to third countries other than the Czech
Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia and Slovenia

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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,

Whereas:

(1)

(2)

(3)

Article 16(1) of Commission Regulation (EC) No 1520/
2000 of 13 July 2000 laying down common detailed
rules for the application of 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 (3),
as last amended by Regulation (EC) No 740/2003 (4),
provides that 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 444/2003 (6), shall apply as regards exports of
products in the form of goods not covered by Annex I
to the Treaty.

Article 3 of Regulation (EC) No 800/1999, provides that
entitlement to the export refund is acquired on importa-
tion into a specific third country when a differentiated
refund applies for that third country. Articles 14, 15 and
16 of that Regulation lay down the conditions for the
payment of the differentiated refund,
in particular the
documents to be supplied as proof of the goods' arrival
at destination.

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

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 298, 25.11.2000, p. 5.
(3) OJ L 177, 15.7.2000, p. 1.
(4) OJ L 106, 29.4.2003, p. 12.
(5) OJ L 102, 17.4.1999, p. 11.
(6) OJ L 67, 12.3.2003, p. 3.

of

the

concerning

importation

autonomous

autonomous

exportation of

certain processed

certain processed agricultural products

Council Regulation (EC) No 1039/2003 of 2 June 2003
transitional measures
and
adopting
concerning the importation of certain processed agricul-
tural products originating in Estonia and the exportation
of certain agricultural products to Estonia (7), Council
Regulation (EC) No 1086/2003 of 18 June 2003
transitional measures
and
adopting
concerning the importation of certain processed agricul-
tural products originating in Slovenia and the exporta-
tion of
to
Slovenia (8), Council Regulation (EC) No 1087/2003 of
18 June 2003 adopting autonomous and transitional
measures
certain
processed agricultural products originating in Latvia and
the
agricultural
products to Latvia (9), 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 (10), 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 the
Slovak Republic and the exportation of certain processed
agricultural products to the Slovak Republic (11) 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 (12) provide on an autonomous basis
for the abolition of refunds on processed agricultural
products not
to the Treaty when
exported to Estonia, Slovenia, Latvia, Lithuania, Slovakia
and the Czech Republic respectively, from 1 July 2003.

listed in Annex I

(5)

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 (13),
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.

(7) OJ L 151, 19.6.2003, p. 1.
(8) OJ L 163, 1.7.2003, p. 1.
(9) OJ L 163, 1.7.2003, p. 19.
(10) OJ L 163, 1.7.2003, p. 38.
(11) OJ L 163, 1.7.2003, p. 56.
(12) OJ L 163, 1.7.2003, p. 73.
(13) OJ L 146, 13.6.2003, p. 10.

L 175/30

EN

Official Journal of the European Union

15.7.2003

(6)

(7)

The Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Slovakia and Slovenia have undertaken to grant
the
to certain goods
preferential
imported into their
the goods
concerned are accompanied by documents stating that
they are not eligible for payment of export refunds.

territories only if

arrangements

import

In the light of
these arrangements, as a transitory
measure pending the accession to the European Union
of
the Czech Republic, Hungary, Estonia, Latvia,
Lithuania, Slovakia and Slovenia, and in order to avoid
the imposition of unnecessary costs on operators in their
commercial trade with other third countries, it is appro-
priate to derogate from Regulation (EC) No 800/1999 in
so far as it requires proof of import in the case of differ-
entiated refunds. It is also appropriate, where no export
refunds have been fixed for the particular countries of
destination in question, not to take account of that fact
when the lowest rate of refund is determined.

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 16 of Regulation (EC) No
800/1999, read in conjunction with Article 16(1) of Regulation
(EC) No 1520/2000, where the differentiation of the refund is
the result solely of a refund not having been fixed for the
Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia
or Slovenia, in respect of exports to other third countries, proof
that the customs import formalities have been completed shall
not be a condition for payment of the refund in respect of the
goods referred to in the Annex to this Regulation.

Article 2

The fact that no export refund has been fixed in respect of the
export
to the Czech Republic, Hungary, Estonia, Latvia,
Lithuania, Slovakia or Slovenia, of the goods referred to in the
Annex to this Regulation shall not, in respect of exports to
other third countries, be taken into account in determining the
lowest rate of refund within the meaning of Article 18(2) of
Regulation (EC) No 800/1999.

(8)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee on horizontal questions concerning trade in
processed agricultural products not listed in Annex I to
the Treaty,

Article 3

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

It is applicable from 1 July 2003.

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

Done at Brussels, 14 July 2003.

For the Commission
Erkki LIIKANEN
Member of the Commission

15.7.2003

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Official Journal of the European Union

L 175/31

ANNEX

All goods listed in Annex B to Regulation (EC) No 1520/2000, which are covered by the arrangements for the Czech
Republic, Estonia, Latvia, Lithuania, Slovakia or Slovenia.

All goods listed in Annex I to Regulation (EC) No 999/2003 together with all goods under HS headings: 0403, 1704,
1902, 1905 and 2208 (with the exception of HS subheading 2208 20) and all goods under CN codes 0710 40 00,
0711 90 30, 2001 90 30, 2004 90 10 and 2005 80 00, which are covered by the arrangements for Hungary.