Commission Regulation (EC) No 763/2004 of 23 April 2004 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 Cyprus, Hungary and Poland
Date: 2004-04-23
Institutions: European Commission
Subjects: agricultural product, export, export refund, third country

L 120/14

EN

Official Journal of the European Union

24.4.2004

COMMISSION REGULATION (EC) No 763/2004

of 23 April 2004

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 Cyprus,
Hungary and Poland

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) 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 (2)
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 (3) 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' impor-
tation into a third country.

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.

(5)

(6)

(7)

Commission Regulation (EC) No 646/2004 of 6 April
2004 fixing the rates of the refunds applicable to certain
milk products exported in the form of goods not
covered by Annex I to the Treaty (4), Commission Regu-
lation (EC) No 644/2004 of 6 April 2004 fixing the
rates of the refunds applicable to certain products from
the sugar sector exported in the form of goods not
covered by Annex I to the Treaty (5), Commission Regu-
lation (EC) No 645/2004 of 6 April 2004 fixing the
rates of the refunds applicable to certain cereal and rice
products exported in the form of goods not covered by
Annex I to the Treaty (6), and 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
provide that export refunds are not to be set in respect
of goods not covered by Annex (7) to the Treaty when
exported to Cyprus and Poland and in respect of goods
not referred to in Article 1(2) of Regulation (EC) No
999/2003 (8) when exported to Hungary.

The authorities in Cyprus, Hungary and Poland have
consequently undertaken to allow imports of the goods
concerned, which have been taken under customs
control after 6 April 2004, to their territories only if
they are accompanied by documents showing that they
have been imported directly from the Community.

In order to avoid the imposition of unnecessary 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 destination 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,

(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 543/2004 (OJ L 87, 25.3.2004, p. 8).

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

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

(4) OJ L 102, 7.4.2004, p. 42.
(5) OJ L 102, 7.4.2004, p. 35.
(6) OJ L 102, 7.4.2004, p. 38.
(7) OJ L 102, 7.4.2004, p. 32.
(8) OJ L 146, 13.6.2003, p. 10.

24.4.2004

EN

Official Journal of the European Union

L 120/15

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

By way of derogation from 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 Cyprus, Hungary
or Poland, 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.

The fact that no export refund has been fixed in respect of the
export to Cyprus, Hungary or Poland of the goods listed in
Annex B to Regulation (EC) No 1520/2000 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.

Article 3

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

It shall apply from 7 April 2004.

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

Done at Brussels, 23 April 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission