Commission Regulation (EC) No 1712/2004 of 30 September 2004 laying down transitory measures arising from the adoption of autonomous and transitional measures concerning the export of certain processed agricultural products to Bulgaria
Date: 2004-09-30
Institutions: European Commission
Subjects: Bulgaria, CCT duties, agricultural product, export, export refund, tariff quota

1.10.2004

EN

Official Journal of the European Union

L 305/49

COMMISSION REGULATION (EC) No 1712/2004

of 30 September 2004

laying down transitory measures arising from the adoption of autonomous and transitional
measures concerning the export of certain processed agricultural products to 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
arrangements
applicable to certain goods resulting from the processing of
agricultural products (1), and in particular Article 8(3) thereof,

trade

Whereas:

(1)

(2)

(3)

recently

concluded

trade
The Community has
for processed agricultural products with
agreement
Bulgaria
accession to the
its
Community. This agreement provides for concessions
involving on the Community side the abolition of
export refunds on certain processed agricultural products.

in preparation for

a

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-
tation of certain processed agricultural products
to
Bulgaria (2) 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.

In return for the abolition of export refunds as set out in
Regulation (EC) No 1676/2004, the Bulgarian authorities
have undertaken to grant reciprocal preferential
import
arrangements to goods imported into their territory if the
goods concerned are accompanied by a copy of
the
export declaration containing a special mention indi-
cating that they are not eligible for payment of export
refunds. The full rate of duty applies in the absence of
such documentation.

(4) With the entry into force of Regulation (EC) No
1676/2004, goods for which operators have applied
for refund certificates in accordance with 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) will no longer be eligible
for refund when they are exported to Bulgaria.

(5)

Reduction of refund certificates and pro-rata release of
the corresponding security should be allowed where

(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 301, 28.9.2004, p. 1.
(3) 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).

their

competent

authority that

the
operators can demonstrate to the satisfaction of
national
for
claims
refunds have been affected by the entry into force of
assessing
(EC) No 1676/2004. When
Regulation
requests for reduction of the amount of the refund certi-
ficate and proportional release of the relevant security,
the national competent authority should,
in cases of
to the documents
doubt, have regard in particular
referred to in Article 1(2) of Council Regulation (EEC)
No 4045/89 of 21 December 1989 on scrutiny by
the
Member States of
system of
the
European Agricultural Guidance and Guarantee Fund
77/435/EEC (4) without
and
prejudice to the application of the other provisions of
that Regulation.

forming part of
financing by the Guarantee Section of

transactions

repealing

Directive

(6)

(7)

(8)

For administrative reasons it is appropriate to provide
that requests for reduction of the amount of the refund
certificate and release of the security are to be made
within a short period and that the amounts for which
reductions have been accepted are to be notified to the
Commission in time for their inclusion in the determi-
nation of the amount for which refund certificates for
use from 1 December 2004 shall be issued, pursuant to
Regulation (EC) No 1520/2000.

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,

HAS ADOPTED THIS REGULATION:

Article 1

Goods in respect of which export refunds have been abolished
by Regulation (EC) No 1676/2004 shall be imported free of
free of customs duties within quotas, or at
customs duties,
reduced rates of customs duties into Bulgaria if
the goods
concerned are accompanied by a duly completed copy of the
export declaration with the following entry in Box 44:

‘Export Refund: EUR 0/Regulation (EC) No 1676/2004’.

(4) OJ L 388, 30.12.1989, p. 18. Regulation as last amended by Regu-

lation (EC) No 2154/2002 (OJ L 328, 5.12.2002, p. 4).

L 305/50

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Official Journal of the European Union

1.10.2004

Article 2

1.
Refund certificates issued in accordance with Regulation
(EC) No 1520/2000 in respect of exports of the goods for
which export refunds have been abolished by Regulation (EC)
the interested party, be
No 1676/2004 may, at request of
reduced under the conditions provided for in paragraph 2 of
this article.

To be eligible for reduction of the amount of the refund
2.
certificate, the certificates referred to in paragraph 1 must have
been applied for before the date of entry into force of Regu-
lation (EC) No 1676/2004 and their validity period must expire
after 30 September 2004.

3.
The certificate shall be reduced by the amount for which
the interested party is unable to claim export refunds following
the entry into force of Regulation (EC) No 1676/2004, as
demonstrated to the satisfaction of
the national competent
authority.

documents referred to in Article 1(2) of Regulation (EEC) No
4045/89.

The relevant security shall be released in proportion to the

4.
reduction concerned.

Article 3

the
To be eligible for consideration under Article 2,
1.
national competent authority must receive the requests by
7 November 2004 at the latest.

2. Member States shall notify the Commission not later than
14 November 2004 of the amounts for which reductions have
been accepted in accordance with Article 2(3) of this Regu-
lation. The notified amounts shall be taken into account for
the determination of the amount for which refund certificates
for use before 1 December 2004 may be issued.

Article 4

in
In making their appraisal the competent authorities shall,
cases of doubt, have regard in particular to the commercial

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

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