Commission Regulation (EC) No 389/2005 of 8 March 2005 laying down derogations from Council Regulation (EC) No 2201/96 and Regulation (EC) No 800/1999 as regards certain sugars used in certain products processed from fruit and vegetables exported to third countries other than Switzerland and Liechtenstein
Date: 2005-03-08
Institutions: European Commission
Subjects: customs formalities, derogation from EU law, export refund, fruit product, sugar, vegetable product

L 62/12

EN

Official Journal of the European Union

9.3.2005

COMMISSION REGULATION (EC) No 389/2005

of 8 March 2005

laying down derogations from Council Regulation (EC) No 2201/96 and Regulation (EC)
No 800/1999 as regards certain sugars used in certain products processed from fruit and
vegetables exported to third countries other than Switzerland and Liechtenstein

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2201/96 of 28
October 1996 on the common organisation of the markets in
processed fruit and vegetable products (1), and in particular
Article 18(7) thereof,

(5)

Whereas:

(1)

(2)

(3)

Articles 16 and 18 of Regulation (EC) No 2201/96 and
Commission Regulation (EC) No 800/1999 of 15 April
1999 laying down common detailed rules for the appli-
cation of the system of export refunds on agricultural
products (2) apply as regards exports of certain sugars
used in certain products processed from fruit and vege-
tables.

Article 18(6) of Regulation (EC) No 2201/96 provides
in the case of a differentiated refund, the refund
that,
shall be paid upon proof
the products have
reached the destination indicated on the licence or
another destination for which the refund was fixed. It
provides also that exceptions may be made to this rule,
provided conditions are laid down which offer equivalent
guarantees.

that

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 arrival of the
good at destination.

(1) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by
Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004,
p. 25)

(2) 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).

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.

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
agricultural
to
provisions
products (3), which was signed in October 2004, is provi-
sionally applicable from 1 February 2005 by virtue of
2005/45/EC (4)
Council Decision
the
concerning
conclusion and the provisional application of
that
Agreement.

applicable

processed

(6)

(7)

(8)

Pursuant to Decision 2005/45/EC, sugar (HS headings
1701, 1702 and 1703) used in the manufacture of
certain processed agricultural goods exported to Swit-
zerland and Liechtenstein is, from 1 February 2005, no
longer eligible for export refunds.

approved by Decision 2005/45/EC
The Agreement
introduces
co-
operation aimed at combating irregularities and fraud
in customs and export refund related matters.

special provisions on administrative

In the light of those provisions 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 2201/96 and
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
the particular countries of destination in
fixed for
question, not
fact when the
to take account of
lowest rate of refund is determined.

that

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

9.3.2005

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Official Journal of the European Union

L 62/13

(9)

(10)

Since the measures laid down in the Agreement between
the European Community and the Swiss Confederation,
approved by Decision 2005/45/EC, will apply from 1
February 2005, this Regulation should apply from the
same date.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Products Processed from Fruit and Vege-
tables,

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from Article 18(6) of Regulation (EC) No
2201/96 and 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 Switzerland or Liechtenstein,
proof that the customs import formalities have been completed
shall not be a condition for payment of the refund in respect of
certain sugars used in certain products processed from fruit and

vegetables, covered by Regulation (EC) No 2201/96, and listed
in Tables I and II to Protocol 2 to the Agreement between the
European Community and the Swiss Confederation of 22 July
1972.

Article 2

The fact that no export refund has been fixed in respect of the
export to Switzerland or Liechtenstein of certain sugars used in
certain products processed from fruit and vegetables, covered by
Regulation (EC) No 2201/96, and listed in Tables I and II to
Protocol 2 to the Agreement between the European Community
and the Swiss Confederation of 22 July 1972, 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.

Article 3

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

It shall apply from 1 February 2005.

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

Done at Brussels, 8 March 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission