Commission Regulation (EC) No 643/2004 of 6 April 2004 fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not covered by Annex I to the Treaty
Date: 2004-04-07
Institutions: European Commission
Subjects: egg, export refund

L 102/32

EN

Official Journal of the European Union

7.4.2004

COMMISSION REGULATION (EC) No 643/2004

of 6 April 2004

fixing the rates of the refunds applicable to eggs and egg yolks exported in the form of goods not
covered by Annex I to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29
October 1975 on the common organisation of the market in
eggs (1), and in particular Article 8(3) thereof,

Whereas:

(1)

(2)

(3)

Article 8(1) of Regulation (EEC) No 2771/75 provides
that the difference between prices in international trade
for the products listed in Article 1(1) of that Regulation
and prices within the Community may be covered by an
export refund where these goods are exported in the
form of goods listed in the Annex to that Regulation.
Commission Regulation (EC) No 1520/2000 of 13 July
2000 laying down common detailed rules for the appli-
the system of granting export refunds on
cation of
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 (2), speci-
fies the products for which a rate of refund should be
fixed, to be applied where these products are exported in
the form of goods listed in Annex I to Regulation (EEC)
No 2771/75.

In accordance Article 4(1) of Regulation (EC) No 1520/
2000, the rate of the refund per 100 kilograms for each
of the basic products in question must be fixed for a
period of the same duration as that for which refunds
are fixed for the same products exported unprocessed.

Article 11 of the Agreement on Agriculture concluded
under the Uruguay Round lays down that the export
refund for a product contained in a good may not
exceed the refund applicable to that product when
exported without further processing.

(1) OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regu-

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

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

lation (EC) No 740/2003 (OJ L 106, 29.4.2003, p. 16).

By Regulations (EC) No 1039/2003 (3), (EC) No 1086/
2003 (4), (EC) No 1087/2003 (5), (EC) No 1088/2003 (6),
(EC) No 1089/2003 (7) and (EC) No 1090/2003 (8) the
Council adopted autonomous and transitional measures
concerning the importation of certain processed agri-
cultural products originating in Estonia, Slovenia, Latvia,
Lithuania, Slovakia and the Czech Republic and the
exportation of certain processed agricultural products to
those countries.. Those Regulations provide that with
effect from 1 July 2003, processed agricultural products
not listed in Annex I to the Treaty which are exported
to Estonia, Slovenia, Latvia, Lithuania, Slovakia or the
Czech Republic, shall not be eligible for export refunds.

(5)

(6)

concerning the

In accordance with Council Regulation (EC) No 999/
2003 of 2 June 2003 adopting autonomous and transi-
tional measures
certain
processed agricultural products originating in Hungary
and the export of certain processed agricultural products
to Hungary (9), with effect from 1 July 2003, the goods
referred to in its Article 1(2) which are exported to
Hungary shall not be eligible for export refunds.

import of

In accordance with Council Regulation (EC) No 1890/
2003 of 27 October 2003 adopting autonomous and
transitional measures concerning the importation of
certain processed agricultural products originating in
Malta and the exportation of certain processed agri-
cultural products
from 1
November 2003, processed agricultural products not
listed in Annex I to the Treaty which are exported to
Malta are not eligible for export refunds.

to Malta (10), with effect

(7) With a view to enlargement of the European Union on
1 May 2004, and in order to encourage the gradual
alignment of prices in the acceding states on the Com-
munity level and to prevent any abuse through the reim-
port or reintroduction into the Community of products
in receipt of export refunds, the setting of all remaining
export refunds has been discontinued in the milk and
milk products, sugar, cereals and rice sectors in relation
to the products concerned when exported unprocessed
to the acceding states. Agricultural products from these
sectors account for more than 95% of the amounts of
export refunds granted on certain agricultural products
exported in the form of goods not covered by Annex I
to the Treaty.

(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 278, 29.10.2003, p. 1.

7.4.2004

EN

Official Journal of the European Union

L 102/33

(8)

Therefore, account being taken of the minor economic
incidence of
the eggs and eggs yolk sector to the
amounts of export refunds granted on certain agri-
cultural products exported in the form of goods not
covered by Annex I to the Treaty, it is appropriate that
with effect from 7 April 2004 no refund should be set
for eggs and egg yolks exported in the form of goods
not covered by Annex I to the Treaty when exported to
Cyprus and Poland and for the goods which are not
referred to in Article 1(2) of Regulation (EC) No 999/
2003 when exported to Hungary.

(9)

(10)

It is necessary to ensure continuity of strict management
taking account of expenditure forecasts and funds avail-
able in the budget.

The Management Committee for Poultrymeat and Eggs
has not delivered an opinion within the time limit set by
its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed
in Annex A to Regulation (EC) No 1520/2000 and in Article
1(1) of Regulation (EEC) No 2771/75, exported in the form of
goods listed in Annex I to Regulation (EEC) No 2771/75, are
fixed as set out in the Annex to this Regulation.

Article 2

1. Without prejudice to Article 1 and with effect from 1
July 2003 the rates set out in the Annex are not applicable to
goods not covered by Annex I to the Treaty when exported to
the Czech Republic, Estonia, Latvia, Lithuania, Slovakia or
Slovenia and to the goods referred to in Article 1(2) of Council
Regulation (EC) No 999/2003 when exported to Hungary.

With effect from 1 November 2003 these rates are not applic-
able to goods not covered by Annex I to the Treaty when
exported to Malta.

2. Without prejudice to Article 1 and with effect from 7
April 2004 no rates of refund shall be set in respect of goods
not covered by Annex I to the Treaty when exported to Cyprus
and Poland and in respect of goods which are not referred to in
Article 1(2) of Regulation (EC) No 999/2003 when exported to
Hungary.

Article 3

This Regulation shall enter into force on 7 April 2004.

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

Done at Brussels, 6 April 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission

L 102/34

EN

Official Journal of the European Union

7.4.2004

ANNEX

Rates of the refunds applicable from 7 April 2004 to eggs and egg yolks exported in the form of goods not
covered by Annex I to the Treaty

CN code

Description

Destination (1)

Rate of refund

(EUR/100 kg)

0407 00

Birds' eggs, in shell, fresh, preserved or cooked:

– Of poultry:

0407 00 30

– – Other:

(a) On exportation of ovalbumin of CN codes 3502 11 90

and 3502 19 90

0408

(b) On exportation of other goods

Birds' eggs, not in shell and egg yolks, fresh, dried, cooked by
steaming or by boiling in water, moulded, frozen or otherwise
preserved, whether or not containing added sugar or other
sweetening matter:

0408 11

– Egg yolks:

– – Dried:

ex 0408 11 80

– – – Suitable for human consumption:

02

03

04

01

6,00

25,00

3,00

3,00

not sweetened

01

40,00

0408 19

– – Other:

– – – Suitable for human consumption:

ex 0408 19 81

– – – – Liquid:

ex 0408 19 89

– – – – Frozen:

not sweetened

not sweetened

0408 91

– Other:

– – Dried:

ex 0408 91 80

– – – Suitable for human consumption:

0408 99

– – Other:

not sweetened

ex 0408 99 80

– – – Suitable for human consumption:

not sweetened

(1) The destinations are as follows:

01 Third countries,
02 Kuwait, Bahrain, Oman, Qatar, United Arab Emirates, Yemen, Turkey, Hong Kong SAR and Russia,
03 South Korea, Japan, Malaysia, Thailand, Taiwan and the Philippines,
04 All destinations except Switzerland and those of 02 and 03.

01

01

01

01

20,00

20,00

75,00

19,00