Commission Regulation (EC) No 543/2004 of 24 March 2004 amending Regulation (EC) No 1520/2000 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 amounts of such refunds
Date: 2004-03-24
Institutions: European Commission
Subjects: agricultural product, export refund

L 87/8

EN

Official Journal of the European Union

25.3.2004

COMMISSION REGULATION (EC) No 543/2004

of 24 March 2004

amending Regulation (EC) No 1520/2000 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 amounts of such
refunds

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), and in particular Article 8(3) thereof,

Whereas:

(1)

(2)

(3)

Articles 5(2) and 7(2) of Commission Regulation (EC)
No 1520/2000 (2) provide a system for advance fixing of
the rate of refund applicable to goods exported during
the validity period of a refund certificate. Where the
system of advance fixing is applied, the rate of refund in
force on the day on which the application for advance
fixing is lodged applies to goods exported at a later date
during the validity period of the refund certificate.

However, as the rates of refund for milk, sugar, cereals
and rice are liable to be fixed or modified on Thursdays,
there would be a risk of applications for advance fixing
for those products being lodged for speculative reasons
if such applications lodged on a Thursday were deemed
to have been submitted on that day. In order to reduce
that risk it should therefore be provided that where an
application for advance fixing is lodged on a Thursday,
the application is deemed to have been submitted on the
following working day.

Article 21 of 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 (3) provides that no refund is to be
granted on products that are not of sound and fair
the
marketable quality on the day of acceptance of
export declaration. In order to ensure that this rule is
uniformly applied it should be stipulated in Regulation
(EC) No 1520/2000 that for a refund to be granted on
the products that are indicated in Article 1 of Council

(1) OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regu-

lation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

(2) OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 307/2004 (OJ L 52, 21.2.2004, p. 35).

Directive 92/46/EEC of 16 June 1992 laying down the
health rules for the production and placing on the
market of raw milk, heat-treated milk and milk-based
products (4), or Article 1 of Council Directive 89/437/
EEC of 20 June 1989 on hygiene and health problems
affecting the production and the placing on the market
of egg products (5), and appear in Annex B to Regulation
(EC) No 1520/2000, they must be prepared in accord-
ance with the requirements of those directives and carry
the required health mark.

in practice, require time to
As some operators may,
make the arrangements necessary to ensure that
the
packaging on their goods bear the requisite health mark,
this requirement should not apply before 15 April 2004.

Therefore, Regulation (EC) 1520/2000 should be
amended accordingly.

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,

(4)

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1520/2000 is amended as follows:

1. In Article 5(2), the second subparagraph is replaced by the

following:

‘Where the system of advance fixing of the rate of the
refund is applied, the rate in force on the day on which the
application for advance fixing is lodged shall apply to goods
exported at a later date during the period of validity of the
refund certificate in accordance with the provisions of
Article 9(2). However, applications for advanced fixing
lodged on a Thursday shall be deemed to have been
submitted on the following working day.’

(4) OJ L 268, 14.9.1992, p. 1. Directive as last amended by Regulation

(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(3) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regu-

(5) OJ L 212, 22.7.1989, p. 87. Directive as last amended by Regu-

lation (EC) No 2010/2003 (OJ L 297, 15.11.2003, p. 13).

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

25.3.2004

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Official Journal of the European Union

L 87/9

2. Article 7(2) is replaced by the following:

‘2.
The party concerned may request advance fixing of
the refund rates in force on the day of lodging of the appli-
cation.
In that case, the advance fixing concerns all the
applicable refund rates. The sole application for advance
fixing may be lodged under the conditions in Annex F
either at the time of application for the refund certificate or
on the day of granting of the refund certificate but before
the last day of validity thereof.

The advance fixing shall not apply to exports taking place
before the date of application.

By way of derogation from the first subparagraph, and in so
far as the relevant applications relate to requests for advance
fixing of refund rates, applications for advance fixing lodged
on a Thursday will be deemed to have been submitted on
the following working day.’

3. In Article 16, the following paragraph 10 is added:

For a refund to be granted on goods falling within
‘10.
CN codes 0403 10 51 to 0403 10 99, 0403 90 71 to
0403 90 99, 0405 20 10, 0405 20 30 and 2105 00 99, the

goods must meet the requirements in Directive 92/46/EEC,
in particular the requirement of having been prepared in an
approved establishment and of complying with the health-
marking requirements specified in point A of Chapter IV of
Annex C thereto.

For a refund to be granted on goods falling within CN codes
3502 11 90 and 3502 19 90, the goods must comply with
the provisions laid down in Chapter XI of the Annex to
Directive 89/437/EEC.’

Article 2

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

Article 1(3) shall apply from 15 April 2004.

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

Done at Brussels, 24 March 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission