Commission Regulation (EC) No 246/2008 of 17 March 2008 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: 2008-03-17
Institutions: European Commission
Subjects: agri-monetary policy, agricultural product, export refund

L 75/64

EN

Official Journal of the European Union

18.3.2008

COMMISSION REGULATION (EC) No 246/2008

of 17 March 2008

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

(5)

(6)

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

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,

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) thereof,

trade

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

(3)

(4)

The first paragraph of Article 14 of Commission Regu-
lation (EC) No 1043/2005 (2) makes a detailed reference
to the frequency of
fixing the refund rates for basic
products of Regulations mentioned in Article 1(1)
exported in the form of non-Annex I goods.

The refunds may,
in accordance with the Regulations
mentioned in Article 1(1) of Regulation (EC) No
1043/2005, be granted when the internal and external
market conditions justify so. Where the market situation
does not justify the granting of refunds the periodical
fixing may be suspended.

The second subparagraph of Article 8(3) of Regulation
(EC) No 3448/93 makes reference to the same procedure
for the granting of refunds on the agricultural products
concerned when they are exported in unprocessed state.

For reasons of simplification and harmonisation it
is
appropriate to adapt Article 14 of Regulation (EC) No
1043/2005.

Article 1

Article 14 of Regulation (EC) No 1043/2005 is replaced by the
following:

‘Article 14

the rate of

refund, as provided for

The fixing of
in
Article 13(3) of Regulation (EC) No 1784/2003 and the
corresponding provisions of the other Regulations referred
to in Article 1(1) of this Regulation, shall be effected each
month per 100 kg of basic products.

By way of derogation from the first paragraph:

(a)

for basic products listed in Annex I to this Regulation,
the refund may be fixed according to another timetable
determined in accordance with the procedure referred to
in Article 16(2) of Regulation (EC) No 3448/93;

(b) the rate of the refund on poultry eggs in shell, fresh or
preserved, and eggs not in shell and egg yolks, suitable
for human consumption,
fresh, dried or otherwise
preserved, not sweetened, shall be fixed for the same
period as
the refunds on those products
exported unprocessed.’

that

for

Article 2

(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 172, 5.7.2005, p. 24. Regulation as last amended by Regu-

lation (EC) No 1496/2007 (OJ L 333, 19.12.2007, p. 3).

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

18.3.2008

EN

Official Journal of the European Union

L 75/65

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

Done at Brussels, 17 March 2008.

For the Commission

Günter VERHEUGEN
Vice-President