Commission Regulation (EC) No 2083/2003 of 27 November 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 Malta
Date: 2003-11-28
Institutions: European Commission
Subjects: agricultural product, derogation from EU law, export, export refund, third country

28.11.2003

EN

Official Journal of the European Union

L 313/23

COMMISSION REGULATION (EC) No 2083/2003

of 27 November 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 Malta

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 2010/2003 (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 fur-
nished 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 297, 15.11.2003, p. 13.

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 (7)
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.

import
Malta has undertaken to grant the preferential
arrangements to goods imported into their territories
only if the goods concerned are accompanied by docu-
ments stating that they are not eligible for payment of
export refunds.

In the light of
these arrangements, as a transitory
measure pending the accession to the European Union
of Malta and, in order to avoid the imposition of unne-
cessary costs on operators in their commercial trade
with other third countries, it is appropriate to derogate
from Regulation (EC) No 800/1999 in so far as it
requires proof of import in the case of differentiated
refunds. It is also appropriate, where no export refunds
have been fixed for the particular countries of destina-
tion in question, not to take account of that fact when
the lowest rate of refund is determined.

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,

(5)

(6)

(7)

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 Malta, 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 all goods
listed in Annex B to Regulation (EC) No 1520/2000, which are
covered by the arrangements for Malta.

(7) OJ L 278, 29.10.2003, p. 1.

L 313/24

EN

Official Journal of the European Union

28.11.2003

Article 2

Article 3

The fact that no export refund has been fixed in respect of the
export to Malta of the goods listed in Annex B to Regulation
(EC) No 1520/2000, which are covered by the arrangements
for Malta, shall not, in respect of exports to other third coun-
tries, be taken into account in determining the lowest rate of
refund within the meaning of Article 18(2) of Regulation (EC)
No 800/1999.

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 November 2003.

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