Commission Regulation (EC) No 127/2005 of 27 January 2005 amending Regulation (EC) No 20/2002 laying down detailed rules for implementing the specific supply arrangements for the outermost regions introduced by Council Regulations (EC) No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001
Date: 2005-01-27
Institutions: European Commission
Subjects: Azores, Canary Islands, EU aid, EU customs procedure, French overseas department and region, Madeira, administrative formalities, agricultural product, export licence, peripheral region, re-export, sugar, supply

L 25/12

EN

Official Journal of the European Union

28.1.2005

COMMISSION REGULATION (EC) No 127/2005

of 27 January 2005

amending Regulation (EC) No 20/2002 laying down detailed rules for implementing the specific
(EC)
regions
supply arrangements
No 1452/2001, (EC) No 1453/2001 and (EC) No 1454/2001

introduced by Council Regulations

the outermost

for

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

having

The export of certain agricultural products is subject to
the presentation of an export licence. For these products,
which
supply
arrangement, are re-exported without export refunds, it
is advisable,
in the interests of administrative simplifi-
cation, to exempt them from the requirement of the
presentation of an export licence.

benefited

from a

specific

for

the

Having regard to Council Regulation (EC) No 1452/2001 of 28
June 2001 introducing specific measures for certain agricultural
amending
products
French overseas department,
(EEC) No
Directive 72/462/EEC and repealing Regulations
525/77 and (EEC) No 3763/91 (Poseidom) (1), and in particular
Articles 3(6), 22, and the second subparagraph of Article 26
thereof,

Having regard to Council Regulation (EC) No 1453/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the Azores and for Madeira and repealing Regu-
lation (EEC) No 1600/92 (Poseima) (2), and in particular the first
and second subparagraphs of Article 3(6), Article 34 and the
second subparagraph of Article 38 thereof,

Having regard to Council Regulation (EC) No 1454/2001 of 28
June 2001 introducing specific measures for certain agricultural
products for the Canary Islands and repealing Regulation (EEC)
No 1601/92 (Poseican) (3), and in particular Articles 3(6), 20
and the second subparagraph of Article 26 thereof

Whereas:

(1)

(2)

As a consequence to the adoption of Council Regulation
(EC) No 1690/2004 of 24 September 2004 amending
Regulations (EC) No 1452/2001,
(EC) No 1453/2001
and (EC) No 1454/2001 as regards the conditions for
the re-exportation and re-dispatch of products covered by
the specific supply arrangements, detailed implementing
rules should be laid down for these new provisions of the
Council, and Commission Regulation (EC) No 20/2002
should therefore be amended (4).

It is appropriate to simplify and to compile all provisions
concerning the re-exportation and re-dispatch of agri-
supply
cultural products
arrangements.

covered by

specific

the

(1) OJ L 198, 21.7.2001, p. 11. Regulation as last amended by Regu-

lation (EC) No 1690/2004 (OJ L 305, 1.10.2004, p. 1).

(2) OJ L 198, 21.7.2001, p. 26. Regulation as last amended by Regu-

lation (EC) No 1690/2004.

(3) OJ L 198, 21.7.2001, p. 45. Regulation as last amended by Regu-

lation (EC) No 1690/2004.

(4) OJ L 8, 11.1.2002, p. 1. Regulation as last amended by Regulation

(EC) No 489/2004 (OJ L 79, 17.3.2004, p. 18).

(4)

(5)

Detailed rules should be laid down for recovery of the
benefit granted and the consequences for the registration,
in case of inobservance of the obligations undertaken by
the trader within the framework of the specific supply
arrangements.

The measures
accordance with the opinions of all
Committees concerned,

laid down in this Regulation are in
the Management

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 20/2002 is amended as follows:

1. In Article 9, paragraphs 3 and 4 are replaced by the

following:

‘3. When applying for registration as referred to in the
first subparagraph of paragraph 2, the trader intending to re-
export or
re-dispatch unaltered products or processed
products in accordance with Article 16, must declare his
intention to engage in this activity and indicate
the
location of the packaging plant where applicable.

4. When applying for registration as referred to in the
first subparagraph of paragraph 2, the processor intending
to export or dispatch processed products in accordance with
Articles 16 or 17, must declare his intention to engage in
this activity and indicate the location of
the processing
plant.’

2. The title of Chapter VI and Articles 16, 17 and 18 are

replaced by the following:

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Official Journal of the European Union

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‘CHAPTER VI

RE-EXPORTATION AND RE-DISPATCH

Article 16

Re-exportation and re-dispatch

1.
Re-exportation and re-dispatch of unaltered products
covered by the specific supply arrangement, or packed or
supply
covered
processed
arrangement, are subject to the following requirements:

products

specific

the

by

(a)

the

re-exported products

for
paragraph, box 44 of
mention the following indication:

referred to in this
the export declaration shall

— “goods exported under the terms of the first subpa-
ragraph of Article 3(5) of Regulation (EC) No
1452/2001”,

— “goods exported under the terms of the first subpa-
ragraph of Article 3(5) of Regulation (EC) No
1453/2001”,

in the

highest
products
submission of
dispatch;
benefit an export
conditions are fulfilled.

fixed supply by the Community for

these
six months period preceding the
re-
the products covered by this point may
the awarding

re-exportation or

the request

refund as

far as

for

Re-exportation of the following products is not subject

2.
to the presentation of an export licence:

(a)

the products as meant in point (b) of paragraph 1;

(b) the products as meant in point (d) of paragraph 1 which
do not fulfill the awarding conditions for refunds.

If there is a risk that regular supplies to the outermost
3.
regions might be jeopardised by a significant increase in re-
exports of products covered by this Article, the competent
authorities may restrict quantities to be re-exported in such a
way as to ensure that priority needs in the sectors concerned
are met. This quantitative limitation is carried out in a non-
discriminatory way.

— “goods exported under the terms of the first subpa-
ragraph of Article 3(5) of Regulation (EC) No
1454/2001”;

Article 17

(b) quantities of products which have been exempt from
import duties and which are re-exported shall be re-
attributed to the forecast supply balance; the products
covered by this point shall not qualify for export refund;

(c) quantities of products which have been exempt from
import duties and which are re-dispatched shall be re-
attributed to the forecast supply balance and the amount
of the erga omnes import duties applicable is paid by the
dispatcher at the latest at the time of re-dispatching; the
products may not be subject to re-dispatching as long as
afore mentioned payment did not take place; in case it is
not possible to establish the day of
importation the
products are considered to have been imported in the
six months period preceding the day of re-dispatching on
the day the highest erga omnes import duties apply;

(d) quantities of products on which aid has been granted
and which are re-exported or re-dispatched shall be re-
attributed to the forecast supply balance and the aid
granted shall be reimbursed at the latest at the time of
re-exportation or re-dispatch; the products may not be
subject to re-exportation or re-dispatch as long as afore
mentioned reimbursement did not take place; in case it is
not possible to establish the amount of supplies granted,
the products are considered to have been granted the

Traditional re-exportations, re-exportations within the
framework of
re-
trade,
dispatches of processed products

and traditional

regional

in the context of regional

The processor who has declared, under Article 9(4), his
1.
intention to export
trade, or
dispatch in the context of traditional trade flows, processed
products containing raw materials which have benefited
from the specific supply arrangements, may do so within
the
indicated in the
annual quantities
Annexes I, III and V. The competent authorities deliver the
necessary authorisations in such a way as to ensure that the
operations do not exceed the annual quantities fixed.

limits of

the

of

16

trade,

Commission

the
For exports within the framework of regional
the documents provided for in
exporter has to submit
Article
(EC) No
800/1999 (*) to the competent authorities within the time
limits mentioned in Article 49 of the said Regulation. In case
documents have not been submitted within the time limits
provided, the competent authorities shall recover the benefit
granted under the specific supply arrangements.

Regulation

Products delivered to the French overseas departments, to
the Azores, to Madeira and to the Canary Islands, which
have benefited from the specific supply arrangements and
which are used to victual ships and aircrafts, shall be
deemed to have been consumed locally.

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Official Journal of the European Union

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The competent authorities shall authorise the export or
2.
dispatch of quantities of processed products other than those
referred to in paragraph 1 only where it is attested that the
products concerned do not contain raw materials imported
or introduced under the specific supply arrangements.

consumption in Madeira in the form of white sugar falling
within CN code 1701 or into the Azores in the form of raw
sugar falling within CN code 1701 12 10, shall benefit,
from the scheme of
under the terms of this Regulation,
the
exemption from import duties within the limits of
forecast supply balances referred to in Article 3.

The competent authorities shall carry out
the necessary
checks to ensure the accuracy of the attestations referred
to in the first subparagraph and shall recover, where appro-
priate,
supply
arrangements.

the benefit granted under

specific

the

3.
Processing operations which, within the limit of the
quantities appearing in the Annexes I, III and V, may give
rise to traditional or regional trade exports or traditional
dispatches, must meet, mutatis mutandis,
the processing
conditions
processing
on
arrangements and on the procedure for processing under
customs control specified in Council Regulation (EEC) No
(EEC) No
and Commission Regulation
2913/92 (**)
2454/93 (***), with the exception of all usual
forms of
handling.

referred

inward

the

to

___________
(*)
(**)
(***)
(****) OJ L 178, 30.6.2001, p. 1.
(*****) OJ L 262, 16.9.1981, p. 14.’

OJ L 102, 17.4.1999, p. 11.
OJ L 302, 19.10.1992, p. 1.
OJ L 253, 11.10.1993, p. 1.

3. In Article 22:

— the text of points (d) and (e) is replaced by the following

text:

‘(d) any quantities re-exported or re-dispatched under the
terms of Article 16 and the unit amounts and total
of recovered aid;

Re-exportation of products referred to in this article is

4.
not subject to the presentation of an export licence.

(e) any quantities dispatched after processing within the
framework of traditional quantities under the terms
of Article 17;’

5.
For the products exported under this article, box 44 of
the export declaration shall mention the following indi-
cation:

— the points (f) and (g) are deleted.

4. In Article 26, the text of paragraph 1 is replaced by the

following text:

— “goods exported under the terms of the second subpa-
ragraph of Article 3(5) of Regulation (EC) No
1452/2001”,

‘1.
Except in cases of force majeure or climatic aberrations,
if a trader fails to comply with the undertakings given under
Article 9, and without prejudice to any penalties applicable
under national law, the competent authorities shall:

— “goods exported under the terms of the second subpa-
ragraph of Article 3(5) of Regulation (EC) No
1453/2001”,

(a) recover

the benefit granted from the holder of

the

import licence, exemption certificate or aid certificate;

— “goods exported under the terms of the second subpa-
ragraph of Article 3(5) of Regulation (EC) No
1454/2001”.

Article 18

Sugar

During the period referred to in Article 10(1) of Council
Regulation (EC) No 1260/2001 (****), C sugar as referred
to in Article 13 of that Regulation, exported in accordance
with the relevant provisions of Commission Regulation (EEC)
No 2760/81 (*****), and introduced for the purposes of

(b) provisionally suspend or revoke registration, depending
on the seriousness of the breach of the obligations.

The benefit referred to in the first indent shall be equal to
the amount of the exemption from import duties or to the
amount of the aid determined in accordance with Article 16,
points (c) and (d).’

Article 2

This Regulation enters into force the seventh day following its
publication in the Official Journal of the European Union.

It shall apply from 1 April 2005.

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

Done at Brussels, 27 January 2005.

By the Commission

Mariann FISCHER BOEL
Member of the Commission