Commission Regulation (EC) No 1649/2006 of 8 November 2006 on the application of the lowest rate of export refund for certain products in the eggs and poultrymeat sectors (Codified version)
Date: 2006-11-08
Institutions: European Commission
Subjects: United States, codification of EU law, egg, export refund, poultrymeat

L 309/6

EN

Official Journal of the European Union

9.11.2006

COMMISSION REGULATION (EC) No 1649/2006

of 8 November 2006

on the application of the lowest rate of export refund for certain products in the eggs and
poultrymeat sectors

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

soon as the product has been placed under the special
procedure set up by the said Regulation.

Having regard to the Treaty
Community,

establishing the European

(4)

Having regard to Council Regulation (EEC) No 2771/75 of
29 October 1975 on the common organization of the market
in eggs (1), and in particular Article 9(3) thereof,

Under the special arrangements drawn up with certain
third countries, the rate of refund applicable on exports
to those countries of certain products in the egg and
poultrymeat
sectors may be lower, and sometimes
substantially lower, than the refund normally applied. It
also sometimes happens that no refund is fixed.

Having regard to Council Regulation (EEC) No 2777/75 of
29 October 1975 on the common organization of the market
in poultrymeat (2), and in particular Article 9(3) thereof,

(5)

The lowest rate of refund also results from the fact that a
refund has not been fixed.

Whereas:

(1)

(2)

(3)

Commission Regulation (EEC) No 109/80 of 18 January
1980 on the application of the lowest rate of export
refund for certain products in the eggs and poultrymeat
sectors (3) has been substantially
amended several
times (4). In the interests of clarity and rationality the
said Regulation should be codified.

In cases where the export refund varies according to
destination, Article 18(1) of Commission Regulation
(EC) No 800/1999 of 15 April 1999 laying down
the
for
common detailed rules
system of export refunds on agricultural products (5),
lays down that the part of the refund, calculated on
the basis of the lowest rate of refund, applicable on the
day when the customs export formalities are completed,
is to be paid when proof is provided that the product has
left the customs territory of the Community.

the application of

Article 4(1) and (7) and Article 5(1) and (3) of Council
Regulation (EEC) No 565/80 of 4 March 1980 on the
advance payment of export refunds in respect of agri-
cultural products (6), allow the part of
the refund
calculated on the basis of the lowest rate to be paid as

(1) OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regu-

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

(2) OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regu-

lation (EC) No 679/2006.

(3) OJ L 14, 19.1.1980, p. 30. Regulation as last amended by Regu-

lation (EC) No 2916/95 (OJ L 305, 19.12.1995, p. 49).

(4) See Annex I.
(5) 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).

(6) OJ L 62, 7.3.1980, p. 5. Regulation as last amended by Commission

Regulation (EC) No 444/2003 (OJ L 67, 12.3.2003, p. 3).

(6) Where a refund is not

fixed for exports, measures
introduced in the United States guarantee that products
which have qualified for a refund for other destinations
may not be imported into that country. An exception
should also be provided for determining the lowest rate
of refund for exports to the United States. Experience
the products in question may qualify for
shows that
this exception not only with regard to the application
of Article 18(2) of Regulation (EC) No 800/1999
but also with regard to the application of Articles 4(1)
and (7) and Article 5(1) and (3) of Regulation (EEC)
No 565/80.

(7)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Poultrymeat and Eggs,

HAS ADOPTED THIS REGULATION:

Article 1

The fact that no refund is fixed for products falling within CN
codes 0105 11, 0105 12, 0105 19, 0207 (excluding 0207 34,
0207 13 91,
0207 27 91,
0207 35 91, 0207 36 81, 0207 36 85 and 0207 36 89),
0407, 0408, and 1602 32 which are exported to the United
States of America shall not be taken into consideration:

0207 14 91,

0207 26 91,

— for determining the lowest rate of refund for the purposes

of Article 18(2) of Regulation (EC) No 800/1999,

— for applying Articles 4(7) and 5(3) of Regulation (EEC)

No 565/80.

9.11.2006

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Official Journal of the European Union

L 309/7

Regulation (EEC) No 109/80 is repealed.

Article 2

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in
accordance with the correlation table in Annex II.

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the
European Union.

Article 3

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

Done at Brussels, 8 November 2006.

For the Commission
The President

José Manuel BARROSO

L 309/8

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Official Journal of the European Union

9.11.2006

ANNEX I

REPEALED REGULATION WITH ITS SUCCESSIVE AMENDMENTS

Commission Regulation (EEC) No 109/80
(OJ L 14, 19.1.1980, p. 30)

Regulation (EEC) No 1475/80
(OJ L 147, 13.6.1980, p. 15)

Regulation (EEC) No 3987/87
(OJ L 376, 31.12.1987, p. 20)

Regulation (EEC) No 1737/90
(OJ L 161, 27.6.1990, p. 25)

Regulation (EEC) No 3779/90
(OJ L 364, 28.12.1990, p. 9)

Only the second indent of Article 1(3)

Only Article 4

Only Article 2

Regulation (EC) No 2916/95
(OJ L 305, 19.12.1995, p. 49)

Only the second indent of Article 1(1) and the first
indent of Article 1(2)

ANNEX II

CORRELATION TABLE

Regulation (EEC) No 109/80

This Regulation

Article 1

—

Article 2

—

—

Article 1

Article 2

Article 3

Annex I

Annex II