Commission Regulation (EC) No 1370/2006 of 15 September 2006 derogating from Regulations (EC) No 800/1999 and (EC) No 1043/2005 as regards products exported to Lebanon in the form of goods not covered by Annex I to the Treaty
Date: 2006-09-15
Institutions: European Commission
Subjects: Lebanon, agricultural product, export refund

16.9.2006

EN

Official Journal of the European Union

L 253/9

COMMISSION REGULATION (EC) No 1370/2006

of 15 September 2006

derogating from Regulations (EC) No 800/1999 and (EC) No 1043/2005 as regards products
exported to Lebanon in the form of goods not covered by Annex I to the Treaty

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
arrangements
applicable to certain goods resulting from the processing of
agricultural products (1) and in particular the first subparagraph
of Article 8(3) and Article 20 thereof,

trade

Having regard to Regulation (EEC) No 2771/75 of the Council
of 29 October 1975 on the common organisation of
the
market in eggs (2) and in particular Article 3(2), Article 8(13)
and Article 15 thereof and the corresponding Articles of the
other Regulations on the common organisation of the markets
in agricultural products,

Whereas:

(1)

(2)

The rules concerning the system of export refunds on
certain agricultural products exported in the form of
goods not covered by Annex I to the Treaty are laid
down in Commission Regulation (EC) No 800/1999 of
15 April 1999 laying down common detailed rules for
the application of the system of export refunds on agri-
cultural products (3) and 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 (4).

Exceptional circumstances prevailing in Lebanon have
seriously damaged the economic interests of certain
exporters and the situation thus created has adversely
conditions
affected export opportunities under
the
laid down in Regulations
(EC) No 800/1999 and
(EC) No 1043/2005.

(3)

It is therefore necessary to limit those harmful effects by
adopting special measures and extending certain time

(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 282, 1.11.1975, p. 49. Regulation last amended by Regulation

(EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).

(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).

territory of

limits laid down in Regulations (EC) No 800/1999 and
(EC) No 1043/2005 in respect of export procedures
which could not be completed because of the aforemen-
In particular, the time limit for
tioned circumstances.
leaving
the Community
customs
the
provided for in Regulation (EC) No 800/1999 should
be extended to enable operators who have already
formalities or
completed the relevant customs export
placed the goods in question under customs control to
benefit from more flexible arrangements. Similarly, the
limit on the validity of refund certificates provided for
by Regulation (EC) No 1043/2005 should be extended in
certain instances.

The benefit of those derogations should be reserved for
operators who can prove, in particular on the basis of
export documents or 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 trans-
actions forming part of the system of financing by the
Guarantee Section of the European Agricultural Guidance
and
Directive
77/435/EEC (5) without prejudice to the application of
the other provisions of that Regulation, that they were
prevented from carrying out export operations within the
specified period by the aforementioned circumstances.

Guarantee

repealing

Fund

and

In order to remedy the harmful effects on all operators
who may have been affected by the exceptional circum-
stances in Lebanon, this Regulation should apply as from
1 July 2006.

The measures provided for by this Regulation are in
conformity with the opinion of
the Management
Committee for Horizontal Questions concerning trade
in processed agricultural products not
covered by
Annex I,

(4)

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

1.
By way of derogation from the first subparagraph of
Article 39(2) of Regulation (EC) No 1043/2005, the validity
of refund certificates issued pursuant to that Regulation whose
term of validity expires on 31 July 2006 or 31 August 2006
shall, on application by the holder, be extended until 30
September 2006 for the amount of the exports not carried out.

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

(5) OJ L 388, 30.12.1989, p. 18. Regulation as last amended by Regu-

lation (EC) No 544/2006 (OJ L 94, 1.4.2006, p. 24).

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

L 253/10

EN

Official Journal of the European Union

16.9.2006

Where the system of advance fixing of refund is applied, the
refund rate in force on the day on which the application for
advance fixing was lodged shall apply to goods exported during
the extended period of validity of the refund certificate.

2.
By way of derogation from Article 7(1) and Article 34(1)
of Regulation (EC) No 800/1999, the 60-day time limit for
leaving the customs territory of the Community shall, on appli-
cation by the exporter, be extended to 150 days for goods for
which customs export formalities were completed by 20 July
2006 at the latest.

3.
The 10 % and 15 % increases referred to in Article 25(1)
and in the second subparagraph of Article 35(1) respectively of
Regulation (EC) No 800/1999 shall not apply to exports carried
out by 20 July 2006 at the latest under the derogation provided
for in Article 46 of Regulation (EC) No 1043/2005 or to those
carried out under certificates applied for by 20 July 2006 at the
latest.

If entitlement to refund is lost due to the exceptional circum-
stances in Lebanon, the penalty provided for by Article 51(1)(a)
of Regulation (EC) No 800/1999 shall not apply.

Article 2

Article 1 shall apply to the agricultural products exported in the
form of goods not covered by Annex I to the Treaty referred to
in Article 1(1) of Regulation (EC) No 1043/2005, in so far as
the exporter concerned can prove to the satisfaction of the
competent
the goods were destined for
Lebanon.

authorities

that

In making their appraisal, the competent authorities shall rely,
in particular, on the export declaration or on the commercial
documents
of Regulation
(EEC) No 4045/89.

in Article 1(2)

referred

to

Article 3

the
By 31 January 2007 Member
Commission of
for which refund certificates
whose term of validity expires on 31 July 2006 and 31
August 2006 were extended as provided for in Article 1(1).

the amounts

shall notify

States

Article 4

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 July 2006.

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

Done at Brussels, 15 September 2006.

For the Commission

Günter VERHEUGEN
Vice-President