Commission Regulation (EC) No 1713/2006 of 20 November 2006 abolishing the prefinancing of export refunds in respect of agricultural products
Date: 2006-11-20
Institutions: European Commission
Subjects: agricultural product, customs inspection, export monitoring, export refund, financing

21.11.2006

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Official Journal of the European Union

L 321/11

COMMISSION REGULATION (EC) No 1713/2006

of 20 November 2006

abolishing the prefinancing of export refunds in respect of agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

an amount equal
to the export
Community products or goods
were brought under such a procedure.

refund as soon as
intended for export

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), and in particular Article 33 thereof, and the corre-
sponding provisions of the other Regulations on the common
organisation of the market in respect of agricultural products,

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 (2), and in particular the first subparagraph of Article
8(3) thereof,

Whereas:

(1)

(2)

At the time of the introduction of the system of pre-
financing of export refunds, it was considered necessary
to follow the principle whereby a balance was ensured
between the use of Community basic products with a
view to exporting processed products to third countries
and the use of basic products from such countries
admitted under
inward processing arrangements. To
this end an amount equal to the export refund was to
be paid as soon as the Community basic products, from
which processed products or goods intended for export
would be obtained, were placed under customs control.

At that time it was also considered necessary to provide
for the possibility that when products covered by a
common market organisation and imported from third
countries could, under certain conditions, be brought
under
zone
procedure, whereby collection of the import duties was
suspended, to introduce a provision made for payment of

customs warehousing

free

or

a

a

(3)

(4)

(5)

(6)

The prefinancing system has since evolved from its initial
intention of putting Community goods on an equal price
footing with cheaper non-Community goods temporarily
imported
Relief
arrangements,
into a complex system with different
aims whereby the reasons for the introduction of pre-
financing are not the prime reasons for its current use.

Processing

Inward

under

the

The system of prefinancing is now used primarily to
increase control on beef exports, while the need for
increased controls, in itself, is not sufficient justification
the pre-
for payment of
financing arrangements. It is considered not to be appro-
priate to use the prefinancing arrangements to achieve
these other aims.

refunds in advance under

situation in the

The
agricultural product markets
concerned has changed; as a consequence there is no
continued economic justification to continue the system
of prefinancing export refunds.

Commission Regulations (EEC) No 32/82 of 7 January
1982 laying down the conditions for granting special
export refunds for beef and veal (3), (EEC) No 1964/82
of 20 July 1982 laying down the conditions for granting
special export refunds on certain cuts of boned meat of
bovine animals (4), (EEC) No 2220/85 of 22 July 1985
laying down common detailed rules for the application
of the system of securities for agricultural products (5),
(EEC) No 2723/87 of 10 September 1987 laying down
special detailed rules for the application of the system of
export refunds on cereals exported in the form of pasta
products
the
Common Customs Tariff (6),
(EC) No 3122/94 of 20
December 1994 laying down criteria for risk analysis

falling within heading No 19.03 of

(3) OJ L 4, 8.1.1982, p. 11. Regulation as last amended by Regulation

(EC) No 744/2000 (OJ L 89, 11.4.2000, p. 3).

(4) OJ L 212, 21.7.1982, p. 48. Regulation as last amended by Regu-

lation (EC) No 2772/2000 (OJ L 321, 19.12.2000, p. 35).

(1) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regu-

(5) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation

lation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

(EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17).

(2) OJ L 318, 20.12.1993, p. 18 Regulation as last amended by Regu-

(6) OJ L 261, 11.9.1987, p. 11. Regulation as last amended by Regu-

lation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

lation (EC) No 1054/95 (OJ L 107, 12.5.1995, p. 5).

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for

for

the market

the application of

the application of

as regards agricultural products receiving refunds (7), (EC)
No 1445/95 of 26 June 1995 on rules of application for
import and export licenses in the beef and veal sector
and repealing Regulation (EEC) No 2377/80 (8), (EC) No
800/1999 of 15 April 1999 laying down common
the system of
detailed rules
refunds on agricultural products (9),
export
(EC) No
1291/2000 of 9 June 2000 laying down common
detailed rules
the system of
import and export licences and advance fixing certificates
for agricultural products (10), (EC) No 1623/2000 of 25
July 2000 laying down detailed rules for implementing
Regulation (EC) No 1493/1999 on the common organi-
sation of
in wine with regard to market
mechanisms (11), (EC) No 2090/2002 of 26 November
2002 laying down detailed rules for applying Council
Regulation (EEC) No 386/90 as regards physical checks
carried out when agricultural products qualifying for
refunds are exported (12),
(EC) No 1342/2003 of 28
July 2003 laying down special detailed rules for the
application of the system of import and export licences
for cereals and rice (13),
(EC) No 1518/2003 of 28
August 2003 laying down detailed rules for
imple-
menting the system of export licences in the pigmeat
sector (14), (EC) No 2236/2003 of 23 December 2003
laying down detailed rules
application of
Council Regulation (EC) No 1868/94 establishing a
quota system in relation to the production of potato
starch (15) (EC) No 596/2004 of 30 March 2004 laying
down detailed rules for implementing the system of
export
(EC) No
633/2004 of 30 March 2004 laying down detailed
rules for implementing the system of export licences in
the poultry meat sector (17) and (EC) No 1043/2005 of
30 June 2005 implementing Council Regulation (EC) No
3448/93 as
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 (18)
should therefore be amended.

sector (16),

in the

licences

regards

egg

the

for

(7) OJ L 330, 21.12.1994, p. 31.
(8) OJ L 143, 27.6.1995, p. 35. Regulation as last amended by Regu-

lation (EC) No 1118/2004 (OJ L 217, 17.6.2004, p. 10).

(9) 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).

(10) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

(11) OJ L 194, 31.7.2000, p. 45. Regulation as last amended by Regu-

lation (EC) No 1221/2006 (OJ L 221, 12.8.2006, p. 3).

(12) OJ L 322, 27.11.2002, p. 4. Regulation as last amended by Regu-

lation (EC) No 1454/2004 (OJ L 269, 17.8.2004, p. 9).

(13) OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regu-

lation (EC) No 945/2006 (OJ L 173, 27.6.2006, p. 12).

(14) OJ L 217, 29.8.2003, p. 35. Regulation as last amended by Regu-

lation (EC) No 1361/2004 (OJ L 253, 29.7.2004, p. 9).

(15) OJ L 339, 24.12.2003, p. 45. Regulation as amended by Regulation

(EC) No 1950/2005 (OJ L 312 29.11.2005, p. 18).

(16) OJ L 94, 31.3.2004, p. 33. Regulation as amended by Regulation

(EC) No 1475/2004 (OJ L 271, 19.8.2004, p. 31).

(17) OJ L 100, 6.4.2004, p. 8. Regulation as last amended by Regulation

(EC) No 1498/2004 (OJ L 275, 25.8.2004, p. 8).

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

lation (EC) No 1580/2006 (OJ L 291, 21.10.2006, p. 8).

(7)

By the same reasons, Council Regulation (EEC) No
565/80 of 4 March 1980 on the advance payment of
export refunds in respect of agricultural products (19) and
Commission Regulations
(EEC) No 2388/84 of 14
August 1984 on special detailed rules for the application
of export refunds in the case of certain preserved beef
and veal products (20), (EC) No 456/2003 of 12 March
2003 laying down special rules on the prefinancing of
export refunds for certain beef and veal products placed
under a customswarehousing or free zoneprocedure (21),
(EC) No 500/2003 of 19 March 2003 on the periods for
which certain cereal and rice products may remain under
customs control arrangements for the advance payment
of refunds (22) and (EC) No 1994/2005 of 7 December
2005 fixing the basic products which do not qualify for
should be
advance payment of
export
repealed.

refunds (23)

(8)

The measures provided for in this Regulation are in
accordance with the opinions of
all Management
Committees concerned,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 2(2) of Regulation (EEC) No 32/82,
subparagraph is deleted.

the second

Article 2

In Article 5(2) of Regulation (EEC) No 1964/82, the second and
the third subparagraph are deleted.

Article 3

The second indent of Article 18 of Regulation (EEC) No
2220/85 is deleted.

Article 4

The second indent of Article 1(1) of Regulation (EEC) No
2723/87 is deleted.

(19) OJ L 62, 7.3.1980, p. 5.
(20) OJ L 221, 18.8.1984, p. 28.
(21) OJ L 69, 13.3.2003, p. 18.
(22) OJ L 74, 20.3.2003, p. 19.
(23) OJ L 320, 8.12.2005, p. 30.

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Article 5

The first indent of Article 1, point 7, of Regulation (EC) No
3122/94 is deleted.

deemed days by which the time limit
Article 7 is exceeded.’;

laid down in

5. In Article 15, paragraph 2 is replaced by the following:

Article 6

In Article 11 of Regulation (EC) No 1445/95, paragraph 2 is
deleted.

‘2.
Products shall be considered to have been imported in
their unaltered state if there is no evidence whatsoever of
processing.

Article 7

Regulation (EC) No 800/1999 is amended as follows:

1. In Article 2(1), point (k) is deleted;

2. In Article 4(2), the fourth subparagraph is replaced by the

following:

‘For the purpose of applying this paragraph, the rates of
refund to be taken into consideration shall be those valid
on the day on which the licence application is lodged. Where
necessary those rates shall be adjusted on the day of
acceptance of the export declaration’;

3. In Article 5(6), the fifth subparagraph is deleted;

4. Article 9 is amended as follows:

(a)

in paragraph 1, point (d) is replaced by the following:

‘(d) Where it is found that the conditions set out in
point
for the
(a) have not been complied with,
purposes of Article 50 the day, or days, by which
the 28-day time limit is exceeded shall be deemed to
be days by which the time limit laid down in Article
7 is exceeded.’;

(b) in paragraph 2(b), the second subparagraph is replaced

by the following:

‘In cases where it is found that the conditions set out in
(a) have not been complied with, for the purpose of
Article 50 the day, or days, by which the 28-day time
limit is exceeded shall be deemed to be days by which
the time limit laid down in Article 7 is exceeded.’;

However the following operations conducted with a view to
the safe keeping of the products may be carried out prior to
import and shall be without prejudice to compliance with
paragraph 1:

(a) stocktaking;

(b) the affixing of marks, seals, labels or other similar distin-
guishing signs to the products or goods or to their
packaging, provided that
entails no risk of
implying that the products originate elsewhere;

this

(c) altering the marks

and numbers on packages or
changing of labels, provided that this entails no risk of
implying that the products originate elsewhere;

(d) packaging, unpacking, changing packaging or repairing
packaging, provided that this entails no risk of implying
that the products originate elsewhere;

(e) airing;

(f) chilling; and

(g) freezing.

In addition, products processed prior to import shall be
considered to have been imported in their unaltered state
provided that processing takes place in the third country
into which all the products resulting from such processing
are imported.’;

6. Chapter 3 of Title II is deleted;

7. Article 51 is amended as follows:

(c)

in paragraph 3, the first subparagraph of point (b)
replaced by the following:

is

(a) paragraph 2 is replaced by the following:

‘In cases where it is found that, after completion of the
formalities referred to in point (a), the products have
remained, except
for more
than 28 days for the purpose of transhipment in one
or more other airports in the customs territory of the
Community, the day, or days, by which the 28-day time
limit is exceeded shall, for the purposes of Article 50, be

force majeure,

in cases of

calculated from the
to Article 5. Where

‘2.
The refund applied for shall be deemed to be the
information provided
amount
pursuant
refund varies
according to destination, the differentiated part of the
refund applied for shall be calculated using the parti-
culars of quantity, weight, and destination provided
pursuant to Article 49.’;

the

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(b) paragraph 7 is replaced by the following:

Article 11

‘7.
The penalties shall not apply simply where the
refund applied for is higher than the refund applicable
pursuant to Articles 4(2), 18(3), and/or 50.’;

In Article 7(2) of Regulation (EC) No 1342/2003, the third
subparagraph is deleted.

Article 12

(c) paragraph 10 is replaced by the following:

Regulation (EC) No 1518/2003 is amended as follows:

‘10. Where the product
indicated on the export
declaration is not covered by the licence, no refund
shall be due and paragraph 1 shall not apply.’;

1. In Article 4(1) the second subparagraph is replaced by the

following:

8. In Article 52(1), point (a) is replaced by the following:

‘(a) where reimbursement
is covered by an unreleased
security, seizure of
that security in accordance with
Article 25(1) shall constitute recovery of the amounts
due;’;

‘In such cases, notwithstanding Article 2(1),
the term of
validity of
the licences shall be limited to five working
days from their actual day of issue within the meaning of
Article 23(2) of Regulation (EC) No 1291/2000 and Section
20 of licence applications and of licences shall show one of
the entries listed in Annex Ia.’;

9. The third indent of Article 53 is deleted.

Ia.

2. The text in the Annex to this Regulation is inserted as Annex

Article 8

Article 13

Regulation (EC) No 1291/2000 is amended as follows:

Article 14 of Regulation (EC) No 2236/2003 is deleted.

1. Article 4 is deleted;

2. In Article 24(1), point (b) is replaced by the following:

Article 14

Regulation (EC) No 596/2004 is amended as follows:

‘(b) in the case of an export licence or certificate of advance
fixing of the refund, the declaration relating to export.’;

1. In Article 4(1) the second subparagraph is replaced by the

following:

3. Article 32(2) is deleted;

4. In Article 33(1), point (b) is replaced by the following:

‘(b) in the cases referred to in Article 32(1)(b), and subject to
paragraph 2, by production of copy No 1 of the licence
or certificate and, where applicable, of copy No 1 of the
extract or extracts of the licence or certificate, endorsed
as provided for in Article 24 or Article 25.’;

5. Article 48 is deleted.

Article 9

‘In such cases, notwithstanding Article 2(1),
the term of
validity of
the licences shall be limited to five working
days from their actual day of issue within the meaning of
Article 23(2) of Regulation (EC) No 1291/2000 and Section
20 of licence applications and of licences shall show one of
the entries listed in Annex Ia.’;

2. The text in the Annex to this Regulation is inserted as Annex

Ia

Article 15

Regulation (EC) No 633/2004 is amended as follows:

Article 26(4) of Regulation (EC) No 1623/2000 is deleted.

1. In Article 2 the paragraph 5 is replaced by the following:

Article 10

In Annex III to Regulation (EC) No 2090/2002, point 10 is
deleted.

‘5.
By way of derogation from paragraph 1, licences for
category 6(a) referred to in Annex I shall be valid 15 days
from the actual date of issue within the meaning of Article
23(2) of Regulation (EC) No 1291/2000.’;

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2. In Article 4(1) the second subparagraph is replaced by the

Article 17

following:

‘In such cases, notwithstanding Article 2(1) and (5), the term
of validity of the licences shall be limited to five working
days from their actual day of issue within the meaning of
Article 23(2) of Regulation (EC) No 1291/2000 and Section
20 of licence applications and of licences shall show one of
the entries listed in Annex Ia.’;

Regulations (EEC) No 565/80,
456/2003,
repealed.

(EC) No
(EC) No 500/2003 and (EC) No 1994/2005 are

(EEC) No 2388/84,

Article 18

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

3. The text in the Annex to this Regulation is inserted as Annex

Ia.

It shall apply from 1 January 2007.

Article 16

Article 54(2) of Regulation (EC) No 1043/2005 is deleted.

The provisions repealed or deleted by this Regulation shall
continue to apply in respect of products placed under the pre-
financing regime before 1 January 2007.

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

Done at Brussels, 20 November 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX

‘ANNEX Ia

Entries referred to in the second subparagraph of Article 4(1):

— In Spanish:

Certificado válido durante cinco días hábiles

— In Czech:

Licence platná pět pracovních dní

— In Danish:

Licens, der er gyldig i fem arbejdsdage

— In German:

Fünf Arbeitstage gültige Lizenz

— In Estonian:

Litsents kehtib viis tööpäeva

— In Greek:

— In English:

— In French:

— In Italian:

Πιστοποιητικό που ισχύει για πέντε εργάσιμες ημέρες

Licence valid for five working days

Certificat valable cinq jours ouvrables

Titolo valido cinque giorni lavorativi

— In Latvian:

Licences derīguma termiņš ir piecas darba dienas

— In Lithuanian:

Licencijos galioja penkias darbo dienas

— In Hungarian: Öt munkanapig érvényes tanúsítvány

— In Dutch:

Certificaat met een geldigheidsduur van vijf werkdagen

— In Polish:

Pozwolenie ważne pięć dni roboczych

— In Portuguese:

Certificado de exportação válido durante cinco dias úteis

— In Slovakian:

Licencia platí päť pracovných dní

— In Slovenian:

Dovoljenje velja 5 delovnih dni

— In Finnish:

Todistus on voimassa viisi työpäivää

— In Swedish:

Licensen är giltig fem arbetsdagar’