Commission Regulation (EC) No 2124/2005 of  22 December 2005  laying down derogations from Regulation (EC) No 800/1999 as regards products in the form of goods not covered by Annex I to the Treaty exported to third countries other than Romania
Date: 2005-12-22
Institutions: European Commission
Subjects: agricultural product, derogation from EU law, export, export refund, third country

23.12.2005

EN

Official Journal of the European Union

L 340/29

COMMISSION REGULATION (EC) No 2124/2005

of 22 December 2005

laying down derogations from Regulation (EC) No 800/1999 as regards products in the form of
goods not covered by Annex I to the Treaty exported to third countries other than Romania

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)

(4)

Article 4 of Commission Regulation (EC) No 1043/2005
of 30 June 2005 implementing Council Regulation (EC)
No 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 Treaty, and
the criteria for fixing the amount of such refunds (2)
provides
(EC) No
800/1999 of 15 April 1999 laying down common
the system of
detailed rules
export refunds on agricultural products (3) shall apply
as regards exports of products in the form of goods
not covered by Annex I to the Treaty.

the application of

Commission

Regulation

that

for

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 goods' arrival
at destination.

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.

EU-Romania Association Council Decision No 3/2005 of
5 July 2005 concerning the improvement of the trade
products
arrangements

agricultural

processed

for

(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 172, 5.7.2005, p. 24.
(3) 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).

the Europe Agreement (4)
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.

Romania has undertaken to grant the preferential import
arrangements to goods imported into its territory only if
the goods concerned are accompanied by documents
stating that they are not eligible for payment of export
refunds.

In the light of
those arrangements, as a transitory
measure in view of the possible accession of Romania
to the European Union and in order to avoid the impo-
sition of unnecessary costs on operators
in their
commercial trade with other third countries, it is appro-
priate to derogate from Regulation (EC) No 800/1999 in
so far as it requires proof of import in the case of differ-
entiated refunds. It is also appropriate, where no export
refunds have been fixed for the particular countries of
destination in question, not to take account of that fact
when the lowest rate of refund is determined.

Since the measures laid down in EU-Romania Asso-
ciation Council Decision No 3/2005 will apply as from
1 December 2005 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,

(5)

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

By way of derogation from 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 Romania proof that
the customs import formalities have been completed shall not
be a condition for payment of the refund in respect of all goods
listed in Annex II to Regulation (EC) No 1043/2005, which are
covered by EU-Romania Association Council Decision No
3/2005.

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

L 340/30

EN

Official Journal of the European Union

23.12.2005

Article 2

Article 3

The fact that no export refund has been fixed in respect of the
export to Romania of the goods listed in Annex II to Regulation
(EC) No 1043/2005, which are covered by EU-Romania Asso-
ciation Council Decision No 3/2005, 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.

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

It shall apply from 1 December 2005.

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