Commission Regulation (EC) No 2125/2005 of  22 December 2005  laying down transitory measures arising from the adoption of improved trade arrangements concerning the export of certain processed agricultural products to Romania
Date: 2005-12-22
Institutions: European Commission
Subjects: CCT duties, Romania, agricultural product, agro-industry, association agreement (EU), export licence, export refund, tariff reduction

23.12.2005

EN

Official Journal of the European Union

L 340/31

COMMISSION REGULATION (EC) No 2125/2005

of 22 December 2005

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Treaty, and the criteria for fixing the amount of such
refunds (3) will no longer be eligible for refund when
they are exported to Romania.

Having regard to the Treaty
Community,

establishing the European

(5)

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)

recently

concluded

trade
The Community has
for processed agricultural products with
agreement
Romania
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

for

EU-Romania Association Council Decision No 3/2005 of
5 July 2005 concerning the improvement of the trade
arrangements
products
the Europe Agreement (2)
provided in Protocol 3 of
provides for the abolition of refunds on processed agri-
cultural products not listed in Annex I to the Treaty
when exported to Romania, from 1 December 2005.

agricultural

processed

import

In return for the abolition of export refunds as set out in
EU-Romania Association Council Decision No 3/2005,
the Romanian authorities have undertaken to grant reci-
procal preferential
to goods
imported into their territory if the goods concerned are
the export declaration
accompanied by a copy of
containing a special mention indicating that
they are
not eligible for payment of export refunds. The full
rate of duty applies in the absence of such documen-
tation.

arrangements

(4) With the entry into force of EU-Romania Association
for which
Council Decision No 3/2005,
operators have
in
for
accordance with Commission Regulation (EC) No
1043/2005 of 30 June 2005 implementing Council
Regulation 3448/93 as regards the system of granting
export refunds on certain agricultural products exported
in the form of goods not covered by Annex I to the

certificates

applied

refund

goods

be

their

should

security

security,

competent

competent

the national

authority that

Reduction of refund certificates and pro rata release of the
allowed where
corresponding
operators can demonstrate to the satisfaction of
the
for
claims
national
refunds have been affected by the entry into force of
EU-Romania Association Council Decision No 3/2005.
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 (4)
without prejudice
the other
administrative
of
provisions
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 determination of
the
amount
for which refund certificates for use from 1
February 2006 shall be issued, pursuant to Regulation
(EC) No 1043/2005.

to the application of

that Regulation.

the system of

For

(6)

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 EU-Romania Association Council Decision No 3/2005 shall
be imported free of customs duties,
free of customs duties
within quotas, or at reduced rates of customs duties into
Romania if the goods concerned are accompanied by a duly
completed copy of the export declaration with the following
entry in Box 44:

‘Export Refund: 0 EUR/EU-Romania Association Council
Decision No 3/2005’.

(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).

(3) OJ L 172, 5.7.2005, p. 24.
(4) OJ L 388, 30.12.1989, p. 18. Regulation as last amended by Regu-

(2) OJ L 324, 10.12.2005, p. 26.

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

L 340/32

EN

Official Journal of the European Union

23.12.2005

Article 2

1.
Refund certificates issued in accordance with Regulation
(EC) No 1043/2005 in respect of exports of the goods for
which export refunds have been abolished by EU-Romania
Association Council Decision No 3/2005 may, at request of
the interested party, be reduced under the conditions provided
for in paragraph 2.

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 EU-
Romania Association Council Decision No 3/2005 and their
validity period must expire after 30 November 2005.

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 EU-Romania Association Council
Decision No 3/2005, 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.

The relevant security shall be released in proportion to the

4.
reduction concerned.

Article 3

1.
the
To be eligible for consideration under Article 2,
national competent authority must receive the requests by 7
January 2006, at the latest.

2. Member States shall notify the Commission not later than
14 January 2006 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 from 1 February 2006 shall be issued, pursuant to point
(c) of Article 33 of Regulation (EC) No 1043/2005.

Article 4

This Regulation shall enter into force on the third day following
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, 22 December 2005.

For the Commission

Günter VERHEUGEN
Vice-President