Commission Regulation (EC) No 544/2006 of  31 March 2006  amending Regulation (EC) No 1043/2005 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
Date: 2006-03-31
Institutions: European Commission
Subjects: agricultural product, export refund

L 94/24

EN

Official Journal of the European Union

1.4.2006

COMMISSION REGULATION (EC) No 544/2006

of 31 March 2006

amending Regulation (EC) No 1043/2005 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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 agricul-
tural products (1) and in particular the first subparagraph of
Article 8(3) thereof,

Whereas:

(EC)

Regulation

No
Commission
to
Pursuant
1043/2005 (2),
refund certificates issued for a single
budget period may be applied for separately in six
tranches. A closing date applies
in
these tranches. Operators may
each of
respect of
submit an application for a refund certificate only in
respect of the tranche corresponding to the first closing
date following the date of submission.

for applications

less

than the amount available for

is therefore necessary to increase the flexibility of
It
export operations. In circumstances where the level of
refund certificate applications for an individual tranche
is
tranche,
operators should be permitted to lodge applications on
a weekly basis for refund certificates to be issued in
respect of any remaining amount available for
that
tranche for which refund certificate applications have
not yet been lodged.

that

(6)

(7)

(8)

The existing system for the allocation, on a weekly basis,
of refund certificates in respect of the amount available at
the budget period should therefore be
the end of
the remaining amount
extended to the allocation of
available for a particular tranche.

Regulation (EC) No 1043/2005 should therefore be
amended accordingly.

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,

The tranche system of allocation was designed to ensure
that,
in circumstances where refund certificate appli-
cations were received for greater amounts than can be
granted, certificates were available both to operators who
export at the beginning of the budget period and to
those who export at end of the budget period.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1043/2005 is amended as follows:

If amounts in respect of which refund certificates may be
issued remain available towards the end of the budget
period, after completion of
the six tranche allocation
system, Article 38 of Regulation (EC) No 1043/2005
allows the Commission to open a weekly application
system for allocation of the remaining amounts.

1. the following Article 38a is inserted:

‘Article 38a

Recent reductions in the refund rates fixed in respect of
agricultural products have led to a reduction in the
amounts for which refund certificates are applied for
under the tranche system. As a consequence amounts
reserved for allocation under recent individual tranches
have not been fully allocated.

1.
If, after the closing date for the lodging of applications
for refund certificates in respect of a particular tranche
referred to in points (a)
to (f) of the first paragraph of
Article 33, no reduction coefficient has been published
pursuant to Article 37(2), operators may lodge an appli-
a
cation for
any
remaining amount
tranche not yet
available
applied for.

refund certificate
for

issue of

that

the

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. Regulation as amended by Regulation

(EC) No 322/2006 (OJ L 54, 24.2.2006, p. 3).

The application shall be lodged in the period up to the next
closing date set out in points (a) to (f) of the first paragraph
of Article 33.

(1)

(2)

(3)

(4)

1.4.2006

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Official Journal of the European Union

L 94/25

Applications lodged in the course of each week shall be
2.
notified by Member States to the Commission on the
following Tuesday. The corresponding certificates may be
issued from the Monday following notification, unless the
Commission issues instructions to the contrary.

3.
If the total amount of the applications received in a
particular application week exceeds the remaining amount
available referred to in paragraph 1 the Commission shall
take one or more of the following steps:

(a) set a reduction coefficient applicable to applications for
refund certificates lodged in that particular application
week, which have been notified to the Commission
and for which refund certificates have not yet been
issued;

(b) direct Member States to reject applications,

lodged in
that particular application week, which have yet to be
notified to the Commission;

2.

in Section I of Annex VI, the fifth paragraph is replaced by
the following:

‘Applicants shall enter one of the following in box 20:

— the words “Article 33”, or other words to the satisfaction
of the competent authority, if the application refers to a
certificate provided for in Article 33,

— the words “Article 38”, or other words to the satisfaction
of the competent authority, if the application refers to a
certificate provided for in Article 38,

— the words “Article 38a” or other words to the satisfaction
of the competent authority, if the application refers to a
certificate provided for in Article 38a.’

Article 2

(c) suspend the lodging of applications for refund certi-

ficates.’;

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, 31 March 2006.

For the Commission

Günter VERHEUGEN
Vice-President