Commission Regulation (EC) No 2082/2003 of 27 November 2003 laying down transitory measures arising from the adoption of autonomous and transitional measures concerning the export of certain processed agricultural products to Malta
Date: 2003-11-27
Institutions: European Commission
Subjects: Malta, agricultural product, export, export refund

28.11.2003

EN

Official Journal of the European Union

L 313/21

COMMISSION REGULATION (EC) No 2082/2003

of 27 November 2003

laying down transitory measures arising from the adoption of autonomous and transitional
measures concerning the export of certain processed agricultural products to Malta

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 (4), as last amended by Regu-
lation (EC) No 740/2003 (5), will no longer be eligible
for refund when they are exported to Malta.

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,

(5)

Whereas:

(1)

(2)

(3)

The Community has recently concluded a trade agree-
ment for processed agricultural products with Malta in
preparation for its accession to the Community. This
agreement provides for concessions involving, on the
Community side,
the abolition of export refunds on
certain processed agricultural products.

Council Regulation (EC) No 1890/2003 of 27 October
2003 adopting autonomous and transitional measures
concerning the importation of certain processed agricul-
tural products originating in Malta and the exportation
of certain processed agricultural products to Malta (3)
provides on an autonomous basis for the abolition of
refunds on processed agricultural products not listed in
Annex I to the Treaty when exported to Malta, from 1
November 2003.

imported into their

In return for the abolition of export refunds as set out in
Regulation (EC) No 1890/2003, the Maltese authorities
have undertaken to grant reciprocal duty free import to
goods
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 documen-
tation.

territory if

that

their claims

Reduction of refund certificates and pro rata release of
the corresponding security should be allowed where
operators can demonstrate, to the satisfaction of the
for
national competent authority,
refunds have been affected by the entry into force of
Regulation (EC) no 1890/2003. When assessing requests
for reduction of the amount of the refund certificate and
proportional release of the relevant security, the national
in cases of doubt, have
competent authority should,
regard in particular 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 European Agricultural
the Guarantee Section of
Guidance and Guarantee Fund and repealing Directive
77/435/EEC (6), as last amended by Regulation (EC) No
2154/2002 (7), without prejudice to the application of
the other provisions of that Regulation.

(6)

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 February 2004 shall be issued, pursuant to Regu-
lation (EC) No 1520/2000.

(4) With the entry into force of Regulation (EC) No 1890/
2003, goods for which operators have applied for refund
certificates in accordance with Commission Regulation
(EC) No 1520/2000 of 13 July 2000 laying down

(7)

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,

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 298, 25.11.2000, p. 5.
(3) OJ L 278, 29.10.2003, p. 1.

(4) OJ L 177, 15.7.2000, p. 1.
(5) OJ L 106, 29.4.2003, p. 12.
(6) OJ L 388, 30.12.1989, p. 18.
(7) OJ L 328, 5.12.2002, p. 4.

L 313/22

EN

Official Journal of the European Union

28.11.2003

HAS ADOPTED THIS REGULATION:

Article 1

Goods in respect of which export refunds have been abolished
by Regulation (EC) No 1890/2003 shall be imported free of
customs duties into Malta if the goods concerned are accompa-
nied by a duly completed copy of the export declaration with
the following entry in Box 44:

‘Export refund: EUR 0/Regulation (EC) No 1890/2003’.

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 Regulation (EC)
No 1890/2003 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 Regu-
lation (EC) No 1890/2003 and their validity period must expire
after 31 October 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 Regulation 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 7
January 2004, at the latest.

2. Member States shall notify the Commission not later than
14 January 2004 of the amounts for which reductions have
been accepted in accordance with Article 2(3) of this Regu-
lation. The notified amounts shall be taken into account for the
determination of the amount for which refund certificates for
use from 1 February 2004 shall be issued, pursuant of Article
8(1)(c) of Regulation (EC) No 1520/2000.

Article 4

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

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

Done at Brussels, 27 November 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission