Commission Regulation (EC) No 1713/2004 of 30 september 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 Bulgaria
Date: 2004-09-30
Institutions: European Commission
Subjects: agricultural product, derogation from EU law, export, export refund, third country

1.10.2004

EN

Official Journal of the European Union

L 305/51

COMMISSION REGULATION (EC) No 1713/2004

of 30 september 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 Bulgaria

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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)

(4)

for

the application of

Article 16(1) of Commission Regulation (EC) No
1520/2000 of 13 July 2000 laying down common
detailed rules
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
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.

the application of

for

Article 3 of Regulation (EC) No 800/1999, provides that
entitlement to the export refund is acquired on impor-
tation 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 furnished
that the product has left the customs territory of the
Community.

Council Regulation (EC) No 1676/2004 of 24 September
2004 adopting autonomous and transitional measures
concerning the importation of certain processed agri-
cultural products originating in Bulgaria and the expor-

(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 886/2004 (OJ L 168, 1.5.2004, p. 14).

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

lation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5).

tation of certain processed agricultural products
to
Bulgaria (4), 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
Bulgaria, from 1 October 2004.

Bulgaria has undertaken to grant the preferential import
arrangements to goods imported into its territory only if
the goods concerned are accompanied by documents
stating that they are not eligible for payment of export
refunds.

those arrangements, as a transitory
In the light of
measure in view of
the possible accession to the
European Union of Bulgaria and in order to avoid the
imposition of unnecessary costs on operators in their
commercial trade with other third countries, it is appro-
priate to derogate from Regulation (EC) No 800/1999 in
so far as it requires proof of import in the case of differ-
entiated 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.

Since the autonomous and transitional measures laid
down in Regulation (EC) No 1676/2004 will apply as
from 1 October 2004 this Regulation should enter into
force on the day following that of its publication.

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)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 16 of Regulation (EC) No
800/1999, where the differentiation of the refund is the result
solely of a refund not having been fixed for Bulgaria 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 Regulation (EC) No 1676/2004.

(4) OJ L 301, 28.9.2004, p. 1.

L 305/52

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Official Journal of the European Union

1.10.2004

Article 2

Article 3

The fact that no export refund has been fixed in respect of the
export to Bulgaria of the goods listed in Annex B to Regulation
(EC) No 1520/2000, which are covered by Regulation (EC) No
1676/2004, shall not 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 following that
of its publication in the Official Journal of the European Union.

It shall apply from 1 October 2004.

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

Done at Brussels, 30 September 2004.

For the Commission

Olli REHN
Member of the Commission