Commission Regulation (EC) No 447/2007 of 23 April 2007 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: 2007-04-23
Institutions: European Commission
Subjects: agri-monetary policy, agricultural product, agro-industry, export refund

24.4.2007

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Official Journal of the European Union

L 106/31

COMMISSION REGULATION (EC) No 447/2007

of 23 April 2007

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,

Having regard to the Treaty
Community,

establishing the European

combination of skimmed milk powder (Product Group
2), for their non-fat dry matter content, or to butter
(Product Group 6), for their milk fat content when deter-
mining the refund to be paid.

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 (1),
subparagraph of
Article 8(3) thereof,

and in particular

first

the

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 1260/2001 of 19 June 2001
on the common organisation of the markets in the sugar
sector (2) has been repealed and replaced by Council
Regulation (EC) No 318/2006 of 20 February 2006 on
the common organisation of the markets in the sugar
sector (3). It is appropriate to amend several provisions
of Commission Regulation (EC) No 1043/2005 (4) which
(EC) No
still
1260/2001,
this devel-
opment.

to Regulation
in order to take account of

references

contain

Article 3 of Regulation (EC) No 1043/2005 establishes
the basic products to which certain agricultural products
and products derived from the processing of basic
the purposes of
products
granting of export refunds in accordance with that Regu-
lation.

shall be assimilated for

The products which are to be assimilated to whole milk
powder (Product Group 3) are listed in Article 3(4) of
Regulation (EC) No 1043/2005. However, the second
subparagraph of Article 3(4) allows
the competent
to
authority, on request
assimilate the products listed in that paragraph to a

from the party concerned,

(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 178, 30.6.2001, p. 1.
(3) OJ L 58, 28.2.2006, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 247/2007 (OJ L 69, 9.3.2007,
p. 3).

(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).

(4)

(5)

to avail of

increasingly request

The rapid decrease in refund rates for whole milk powder
and skimmed milk powder relative to the refund rate
applicable in respect of butter raises the prospect that
the
operators will
provisions of the second subparagraph of Article 3(4)
in order to claim refund in respect of
the milk fat
element of products which in the normal course would
have been assimilated to whole milk powder. This
prospect risks the payment of higher refund in respect
of agricultural products exported in the form of Non
Annex I goods than would be applicable in respect of
such products exported without further processing and is
therefore not consistent with Council Regulation (EC) No
1255/1999 of 17 May 1999 on the common organi-
sation of the market in milk and milk products (5) and in
particular with the second subparagraph of Article 31(1)
thereof.

Accordingly, it is appropriate to delete the second sub-
paragraph of Article 3(4) of Regulation (EC) No
1043/2005, without prejudice to the possibility of intro-
ducing a similar measure if the risk in question ceases to
exist. Nevertheless, in circumstances where Commission
Regulation (EC) No 61/2007 of 25 January 2007 fixing
the export refunds on milk and milk products (6) has
reduced to zero, with effect from 26 January 2007, the
export refund rate for whole milk powder, some Member
States may already have deemed that it was no longer
appropriate to agree to new requests from operators to
avail of the derogation provided for in the second sub-
paragraph of Article 3(4) of Regulation (EC) No
1043/2005.
the
interest
responses of Member States to the requests received
since 26 January 2007 it
to establish a
specific date after which Member States should not
agree
that
for
provision.

assimilation under

to new request

harmonising

is useful

In the

of

(6)

Article 43 of Regulation (EC) No 1043/2005 provides
that, other than for food aid operations, applications for
refund certificates are valid only if a security equal to
25 % of the amount applied for has been lodged. This
security is lodged so as to guarantee that the holder of
the refund certificate applies for refunds equal to the

(5) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regu-

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

(6) OJ L 19, 26.1.2007, p. 8.

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Official Journal of the European Union

24.4.2007

for which the certificate has been issued on
amount
goods exported during the validity period of the refund
certificate. The rate of guarantee was set at a time when
the level of certificate applications was considerably
than the amount which could be granted.
greater
Following from the ongoing reduction of refund rates
payable in respect of agricultural products exported in
the form of Non Annex I goods the level of certificate
application has eased considerably. In the circumstances
the prospect of operators lodging applications for spec-
ulative reasons has reduced. It is appropriate to reduce
the level of security accordingly.

Annex VIII to Regulation (EC) No 1043/2005 contains
entries in twenty-one of the twenty-three languages of
the Community. That Annex should also contain those
entries in the two other languages, namely Irish and
Maltese.

(i)

In the introductory words,
1260/2001’
is
318/2006’;

‘Regulation (EC) No
replaced by ‘Regulation (EC) No

(ii) Points (c) and (d) are replaced by the following:

‘(c) the products referred to in Article 1(1)(c) of
Regulation
excluding
mixtures obtained partly using products covered
by Regulation (EC) No 1784/2003;

318/2006,

(EC) No

(d) the products referred to in Article 1(1)(d) and (g)
of Regulation (EC) No 318/2006, excluding
mixtures obtained partly using products covered
by Regulation (EC) No 1784/2003.’.

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

3. In the first subparagraph of Article 43, ‘25 %’ is replaced by

‘15 %’.

The Management Committee on horizontal questions
concerning trade in processed agricultural products not
listed in Annex I has not delivered an opinion in the time
limit set by its chairman,

4. In the first subparagraph of Article 44(4), ‘25 %’ is replaced

by ‘15 %’.

(7)

(8)

(9)

HAS ADOPTED THIS REGULATION:

5. In Annex II,

footnote 4 concerning column 6,
molasses or isoglucose’, is replaced by the following:

‘Sugar,

Article 1

‘(4) Council Regulation (EC) No 318/2006 (OJ L 58,

28.2.2006, p. 1).’.

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

1. In Article 1, paragraph 1 is amended as follows:

6. In Annex III, under the description for Code NC 2905 43 00
Mannitol, the first paragraph is replaced by the following:

(a)

the

In
first
1260/2001’ is replaced by:

subparagraph,

‘Regulation

(EC) No

‘Obtained from sucrose covered by Regulation (EC) No
318/2006’.

‘Council Regulation (EC) No 318/2006 (*)
___________
(*) OJ L 58, 28.2.2006, p. 1.’.

7. Annex VIII is amended as follows:

(b) In the second subparagraph, point (c) is replaced by the

indent is inserted:

following:

(a) After the entry for the French language the following

‘(c) Annex VII to Regulation (EC) No 318/2006;’.

‘— in Irish: cearta arna n-aistriú ar ais chuig an

sealbhóir ainmniúil ar an [dáta]’.

2. Article 3 is amended as follows:

(a)

In paragraph 4, the second subparagraph is deleted.

(b) Paragraph 8 is amended as follows:

(b) After the entry for the Hungarian language the following

indent is inserted:

‘— in Maltese: drittijiet

detentur titulari fid- [data]’.

li

jkunu trasferiti

lura lid-

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

Article 2

However, the second subparagraph of Article 3(4) of Regulation (EC) No 1043/2005 shall continue to apply
in respect of products having obtained, with the agreement of the relevant competent authority, the
assimilation referred to in that provision before 17 February 2007 and exported under cover of refund
in accordance with Article 29 of that Regulation, was requested
certificates for which advanced fixing,
before 1 March 2007.

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

Done at Brussels, 23 April 2007.

For the Commission

Günter VERHEUGEN
Vice-President