Commission Regulation (EC) No 285/2005 of 18 February 2005 laying down transitory measures arising from the adoption of improved trade arrangements concerning the export of certain processed agricultural products to Switzerland and Liechtenstein
Date: 2005-02-18
Institutions: European Commission
Subjects: Liechtenstein, Switzerland, agricultural product, export

L 48/12

EN

Official Journal of the European Union

19.2.2005

COMMISSION REGULATION (EC) No 285/2005

of 18 February 2005

laying down transitory measures arising from the adoption of improved trade arrangements
concerning the export of certain processed agricultural products to Switzerland and Liechtenstein

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)

The Agreement between the European Community and
the Swiss Confederation amending the Agreement
between the European Economic Community and the
Swiss Confederation of 22 July 1972 (2), which was
signed in October 2004,
is provisionally applicable
from 1 February 2005 by virtue of Council Decision
2005/45/EC of 22 December 2004 concerning the
conclusion and the provisional
the
Agreement between the European Community and the
Swiss Confederation amending the Agreement between
the European Economic Community and the Swiss
Confederation of 22 July 1972 as regards the provisions
applicable to processed agricultural products (3).

application of

Pursuant to Decision 2005/45/EC certain 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 (4) are,
from 1 February 2005, no longer eligible for refunds
when they are exported to Switzerland or Liechtenstein.

Reduction of refund certificates and pro rata release of
the corresponding security should be allowed where
the
operators can demonstrate to the satisfaction of
for
claims
national

authority that

competent

their

(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 23, 26.1.2005, p. 19.
(3) OJ L 23, 26.1.2005, p. 17.
(4) 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).

security,

competent

the national

refunds have been affected by Decision 2005/45/EC.
When assessing requests for reduction of the amount
of the refund certificate and proportional release of the
relevant
authority
should,
in cases of doubt, have regard in particular to
the documents referred to in Article 1(2) of Council
Regulation (EEC) No 4045/89 of 21 December 1989
on scrutiny by Member States of transactions forming
part of
financing by the Guarantee
Section of
the European Agricultural Guidance and
Guarantee Fund and repealing Directive 77/435/EEC (5)
the other
without prejudice
provisions of that Regulation.

to the application of

the system of

(4)

(5)

(6)

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 April 2005 shall be issued, pursuant
to
Regulation (EC) No 1520/2000.

Since the measures laid down in Decision 2005/45/EC
will apply from 1 February 2005, this Regulation should
apply from the same date and enter into force imme-
diately.

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

1.
Refund certificates issued in accordance with Regulation
(EC) No 1520/2000 in respect of exports of the goods for
refunds have been abolished by Decision
which export
2005/45/EC may, at
the interested party, be
request of
reduced under the conditions provided for in paragraph 2.

(5) 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.).

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Official Journal of the European Union

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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 1 February 2005 and their validity
period must expire after 31 January 2005.

3.
The certificate shall be reduced by the amount for which
the interested party is unable to claim export refunds from 1
February 2005, as demonstrated to the satisfaction of
the
national competent authority.

In making their appraisal the competent authorities shall, in cases
of doubt, have regard in particular to the commercial documents
referred to in Article 1(2) of Regulation (EEC) No 4045/89.

Article 2

1.
the
To be eligible for consideration under Article 1,
national competent authority must receive the requests by 7
March 2005, at the latest.

2. Member States shall notify the Commission not later than
14 March 2005 of the amounts for which reductions have been
accepted in accordance with Article 1(3) of this Regulation. The
notified amounts shall be taken into account for the determi-
nation of the amount for which refund certificates for use from
1 April 2005 shall be issued, pursuant to point (d) of Article
8(1) of Regulation (EC) No 1520/2000.

Article 3

The relevant security shall be released in proportion to the

4.
reduction concerned.

This Regulation shall enter into force on the day of its publi-
cation 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, 18 February 2005.

For the Commission

Günter VERHEUGEN
Vice-President