Commission Regulation (EC) No 88/2007 of 12 December 2006 laying down special detailed rules for the application of the system of export refunds on cereals exported in the form of pasta products falling within CN codes 19021100 and 190219 (Codified version)
Date: 2006-12-12
Institutions: European Commission
Subjects: Combined Nomenclature, United States, codification of EU law, export (EU), export licence, export refund, food cereals, pasta

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COMMISSION REGULATION (EC) No 88/2007

of 12 December 2006

laying down special detailed rules for the application of the system of export refunds on cereals
exported in the form of pasta products falling within CN codes 1902 11 00 and 1902 19

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

from 1 October
in the case of exports of the said goods to the

for such differentiation, with effect
1987,
United States of America.

(4)

(5)

(6)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 3448/93 of
arrangements
6 December 1993 laying down the
applicable to certain goods resulting from the processing of
agricultural products (1), and in particular Articles 8(3) and 20
thereof,

trade

Whereas:

(1)

(2)

(3)

Commission Regulation (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 falling within
subheadings 1902 11 00 and 1902 19 of the combined
nomenclature (2) has been substantially amended several
times (3). In the interests of clarity and rationality the said
Regulation should be codified.

Article 19(2) 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 (4) provides that
the refund on goods falling
within CN codes 1902 11 00 and 1902 19 may be
differentiated according to their destination.

The Settlement in the form of an Exchange of Letters
between the European Economic Community and the
United States of America on Community exports of
to the United States of America
pasta products
approved by Council Decision 87/482/EEC (5) provided

Article 18 of 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 (6) provides that the part of the refund
paid once the product has left the customs territory of
the Community is to be calculated on the basis of the
lowest rate of refund. That provision may impede exports
of pasta products falling within CN codes 1902 11 00
and 1902 19 to destinations other than the United States
of America. Therefore, an exception should be made to
that rule.

Consequently, it is important to lay down detailed rules
for applying the refund system which prevent the admin-
unduly
istrative
control
should be
burdensome. For
made to some of the detailed rules laid down in Regu-
lation (EC) No 800/1999.

this purpose exceptions

from being

formalities

an

the

exported

following

taken under

Following the decisions
common
commercial policy, provision should be made so that
pasta products falling within CN codes 1902 11 00 and
1902 19 and exported to the United States are ac-
companied either by a certificate stating that they are
processing
being
inward
operation or by a certificate stating that
they qualify
for a rate of refund applicable,
in the case of exports
to the basic cereal
to the United States of America,
products used in their manufacture. The said pasta
products may have been manufactured from basic
cereal products some of which have been subject
to
inward processing arrangements and some of which
have been in one of the situations referred to in Article
23(2) of the Treaty. Accordingly, provision should be
made so that any one quantity of pasta products
exported to the United States of America may be accom-
panied by only one of the said certificates.

(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 261, 11.9.1987, p. 11. Regulation as last amended by Regu-

lation (EC) No 1713/2006 (OJ L 321, 21.11.2006, p. 11).

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

lation (EC) No 1792/2006 (OJ L 362, 20.12.2006, p. 1).

(5) OJ L 275, 29.9.1987, p. 36.

(7)

If the system is to be properly managed, the competent
authorities in the Member States must communicate the
necessary statistics to the Commission.

(6) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

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(8)

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,

HAS ADOPTED THIS REGULATION:

Article 1

1. Where goods falling within CN codes 1902 11 00 and
1902 19 are exported to a destination other than the United
States of America, the special refund fixed for the export of
cereals
falling within CN codes
1902 11 00 and 1902 19 to the United States of America
shall not be taken into consideration for determining the
lowest rate of refund within the meaning of
the first sub-
paragraph of Article 18(2) of Regulation (EC) No 800/1999.

form of goods

in the

2. Where cereal products covered by one of the situations
referred to in Article 23(2) of
the Treaty are used for the
manufacture of goods falling within CN codes 1902 11 00
and 1902 19 and incorporating certain quantities of cereals
subject to inward processing arrangements, the export of the
said goods to the United States of America shall not confer
entitlement to the export refund for the said product.

Article 2

1.
For the export to the United States of America of goods
falling within CN codes 1902 11 00 and 1902 19 the
competent authority of the Member State in which the export
declaration is accepted by customs shall, at the request of the
parties concerned, issue a ‘Certificate for the export of pasta to
the USA’, hereinafter referred to as the ‘certificate P 2’.

The certificate P 2, which shall consist of an original and
2.
shall be drawn up in accordance with the
three copies,
specimen in Annex I and shall meet the technical conditions
laid down in Annex II.

Article 3

1.
The certificate P 2 and the copies thereof shall be issued
by the issuing agency appointed by each Member State. Each
certificate issued shall be identified by a serial number assigned
thereto by the issuing agency. The copies shall bear the same
serial number as the original.

Community at the time of acceptance of the export declaration
for the United States of America.

Article 4

1.
For the purposes of this Regulation, the document referred
to in Article 5(4) of Regulation (EC) No 800/1999 must state,
in the said
in addition to the information provided for
Article 5(4), the serial number and the date of issue of the
certificate P 2.

2.
The competent authority shall indicate in the appropriate
part of box 10 of the original and copies of the certificate P 2
whether or not the goods qualify for a refund. The customs
office referred to in Article 3(2) shall check that the document
is duly completed and shall affix its stamp in box 10 of the
original and copies of the certificate P 2.

3.
In the case referred to in Article 1(2), the certificate P 2
must not be stamped by the customs office referred to in
Article 3(2).

4.
The certificate P 2 and copy No 1 thereof shall be
delivered by the customs office to the interested party. Copy
No 2 of the certificate shall be kept by the customs office.

Article 5

In the event of export to the United States of America, the
paying agency shall pay the refund where the general conditions
laid down in Community rules are met and where, in addition,
the document referred to in Article 4(1), duly completed, and
the original of the certificate P 2, stamped by the customs office
referred to in Article 3(2), are presented.

Article 6

The competent authorities of the Member States shall com-
municate to the Commission, by the end of each month at
the latest,
the statistics relating to the quantities of pasta
products, by CN codes, specifying the quantities which qualify
for an export refund and the quantities which do not qualify for
in respect of which certificates have been
an export refund,
stamped in the course of the previous month by the customs
offices where the export declarations were accepted, at
the
following address:

2.
The issuing agency shall retain copy No 3 and shall deliver
the original and the other two copies, bearing the agency's
stamp in box 9 as shown in the specimen in Annex I, to the
exporter, who shall present them to the customs office in the

European Commission,

Directorate-General Enterprise and Industry,

Non-Annex I products,

B-1049 Bruxelles/Brussel.

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Regulation (EEC) No 2723/87 is repealed.

Article 7

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 IV.

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

Article 8

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

Done at Brussels, 12 December 2006.

For the Commission

Günter VERHEUGEN
Vice-President

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ANNEX I

Model of the certificate referred to in Article 2(2)

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ANNEX II

Provisions relating to the certificate referred to in Article 2(2)

1. The form on which the ‘Certificate for the export of pasta to the USA’ is made out is printed on white paper with no
mechanical pulp, dressed for writing purposes and weighing between 40 and 65 grams per square metre. It may also
be printed on NCR paper with the same characteristics.

2. The forms shall measure 210 × 297 mm (A4).

3. It is for the Member States to print the forms or to have them printed.

4. Member States may require that, in addition to the English text, the certificate used on their territory is made out in

one of their official languages.

5. The original and the copies are filled in either in typescript or in manuscript; in the latter case they must be filled in in

ink and in block letters.

ANNEX III

Repealed Regulation with its successive amendments

Commission Regulation (EEC) No 2723/87
(OJ L 261, 11.9.1987, p. 11)

Commission Regulation (EEC) No 3859/87
(OJ L 363, 23.12.1987, p. 28)

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

Commission Regulation (EC) No 1713/2006
(OJ L 321, 21.11.2006, p. 11)

Article 4 only

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ANNEX IV

CORRELATION TABLE

Regulation (EEC) No 2723/87

This Regulation

Article 1(1), introductory sentence

Article 1(1), first indent

Article 1(2)

Articles 2 to 6

—

Article 7 first paragraph

Article 7 second paragraph

Annex I

Annex II

—

—

Article 1(1)

Article 1(1)

Article 1(2)

Articles 2 to 6

Article 7

Article 8

—

Annex I

Annex II

Annex III

Annex IV