CELEX: 51979PC0449
Language: en
Date: 1979-09-06
Title: Proposal for a COUNCIL REGULATION laying down general rules for paying in advance of export an amount equal to the export refunds in respect of agricultural products (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 449
Vol. 1979/0157
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(79 ) 449 final
                                                      Brussels , 6 September 1979
                             Proposal for a
                         COUNCIL REGULATION
         laying down general rules for paying in advance of
        export an amount equal to the export refunds in
        respect of agricultural products
           ( submitted to the Council by the Commission )
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 C0M(79 ) 449 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM
Council Regulation ( EEC ) No 441 / 69 laying down additional general rules
for granting export refunds provides that an amount equal to the export refund
may be paid in advance of export in certain cases in respect of products
to be exported either after processing or in their natural state *
The criteria laid down for the selection of products which after processing
may benefit of the system have in practice created some difficulties because
the necessary statistic information is not always available and the cost involved
in making the information available is not considered justified .     Therefore ,
the proposed Regulation lays down that all products and goods may benefit
from the arrangements unless they are shown on a list adopted by the Commission
in accordance with the Management Committee procedure *
The proposal contains , furthermore , minor technical amendments compared with
the present system *
 ---pagebreak---                                PROPOSAL
            REGULATION ( EEC )             OF THE COUNCIL
                                                                                   ' - 4
laying down general rules for paying in advance of export an
amount equal to the export refunds in respect of agricultural
products .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 2727 /75 of 29 October 1975
                                                          (1)
on the common organization of the market in cereals           , as last amended by
                                 (2)
Regulation ( EEC ) No 3138 /76       , and in particular
Article 16(5 ) thereof and the corresponding provisions of the other Regulations
establishing a common organization of the market in respect of agricultural
products ,
                                                                                             I
Whereas Council Regulation ( EEC ) No 441 / 69 of 4 March 1969 laying down
additional general rules for granting export refunds on products subject to
a single price system, exported unprocessed or in the form of certain goods
not covered by Annex II to the Treaty           as last amended by Regulation ( EEC )
            (4)
No 269 /78      , has been amended several times ; whereas experience has              shown
certain amendments to be desirable ; . whereas in the interest of clarity it is
advisable to consolidate the rules in question ;
Whereas the Regulations laying down general rules for granting export refunds
on agricultural products and the criteria for fixing the amount of such refunds
provide that , in order for the export refund to be paic^-'.^roof must be furnished
that such products have been exported from the Community;
                                                                       • « t / tat
m OJ No L 281 , 1.11.1975, p. 1
( 2 ) OJ No L 354, 24.12.1976, p. 1
(3) OJ No L 59, 10 . 3.1969, p. 1
(4)
      OJ No L   40, 10 . 2.1978 , p.   7
 ---pagebreak---                                     - 2 -
Whereas , in order to ensure a balance between the use of Community basic
products with a view to exporting processed products or goods listed in
Annex B and C to Council Regulation (EEC) No 2682 /72 ^"^, as last amended
by Regulation ( EEC ) No 707/ 78 ^ to third countries and the use of basic
products from such countries admitted under inward processing arrangements
pursuant to Council Directive 69 / 73 of 4 March 1969 on the harmonization of
provisions laid down by law, regulation or administrative action in respect
inward processing ^      as last amended by the Act of Accession^ anamount
equal to the export refund should be paid as soon as the Community basic
products from which processed products or goods intended for export are ",
obtained are placed under customs control ;
Whereas products covered by a common market organization and imported from
third countries may under certain conditions be brought under a bonded ware­
house or a free zone procedure , collection of the import duties being
suspended; whereas provision should be made for payment of an amount equal
to the export refund as soon as Community products or goods intended for
export are brought under such a procedure ;
Whereas the payment of an amount equal to the export refund does not in any
way affect the conditions under which the right to an export refund is
established; whereas a security should be lodged to guarantee the reimburse­
ment of a sum not less than the amount paid where no right to the export
refund is subsequently established or the products or goods treated under
these arrangements are not actually exported from the Community within the .
set time limits ;
HAS ADOPTED THIS REGULATION :
 (5 ) 0J No L 289, 27.12.1972, p. 13
 (6) 0J No L 94, 8.04.1978, p. 7
 (7> 0J No L 58, 8 . 3.1969, p. 1
 (8)
      0J No L 73, 27 . 3.1972 , p. 14
 ---pagebreak---                              - 3 -
                             Article 1
This Regulation lays down general rules for paying in advance of
export an amount equal to the export refunds on the products
covered by the following Regulations establishing a common organization
of the market in respect of agricultural products :
      Regulation         N0  136 /66 / EEC ( oils and fats )
      Regulation ( EEC ) No  804 /68       ( milk and milk products )
      Regulation ( EEC ) No  805 /68       ( beef and veal )
      Regulation ( EEC ) No  727 /70       ( raw tobacco )
      Regulation ( EEC ) No  337 / 79      ( wine )
      Regulation ( EEC ) No 1035 /72       ( fruit and vegetables )
      Regulation ( EEC ) No 3330 /74       ( sugar )
      Regulation ( EEC ) No 2727 /75       ( cereals )
      Regulation ( EEC ) No 2759 /75       ( pigmeat )
      Regulation ( EEC ) No 2771 /75       ( eggs )
      Regulation ( EEC ) No 2777 /75       ( poultry meat )
      Regulation ( EEC ) No  100 /76       ( fishery products )
      Regulation ( EEC ) No 1418 /76       ( rice )
      Regulation ( EEC ) No  516 /77       ( products processed from fruit and
                                             vegetables )
                             Article 2
 For the purposes of this Regulation
a ) - " products " means the products referred to in Article 1
    -" basic products " means the products intended to be exported after
      processing into processed products or into goods
    - " processed products " means the products obtained from the pro­
      cessing of basic products and for which an export refund is
      applicable
b ) - " goods " means the goods listed in Annex B and C to Regulation ( EEC )
      No 2682 /72 .
 ---pagebreak---                                   - A -
                                Article 3
1 . The benefit of the arrangement provided for in this Article shall apply to
    processed products and goods obtained from basic products for which inward
    processing arrangements are not prohibited *
    However , the arrangement shall not apply in exceptional cases where the
    processed products or the goods are obtained from basic products which
    can be disposed of without difficulty .
2 . An amount equal to the export refund shall , at the request of the party
    concerned , be paid as soon as the basic products are placed under a customs
    control ensuring that the processed products or the goods , will be exported
    within a set time limit ,
3 . As regards control procedures and the rate of yield, the basic products
    shall be subject to the same rules as apply in respect of inward processing
    to   products of the same nature .
4 . The export refund shall be , in the case of export
    a ) of a processed        product , the refund applicable to the processed product ;
    b ) of goods , the refund applicable to the basic product when exported
        as an ingredient of such goods .
5 . The rate of the export refund shall , unless it is fixed in advance , be that
    in force on the day on which the basic products are brought under customs
    control .
6 . Where the export refund is fixed in advance , the day on which the basic
    products are brought under customs control shall be the operative date for
    determining any adjustment to be made to the rate applicable .
7 . Where the export refund varies according to use or destination, the rate to be
    applied shall be the lowest rate .    However , if the use or destination is
    declared , the rate to be applied shall be that fixed for the use or
    destination for which the processed products or the goods are intended .
 ---pagebreak---                                  Article 4
1 . The benefit of the arrangement provided for in this Article shall apply to
    products intended for export in their natural state or in the form of goods
    when the products or the goods are of a kind that can be stored .
    However , the arrangements shall not apply in exceptional cases where the
    products or the goods can be disposed of without difficulty .
2 . An amount equal to the export refund shall , at the request of the party
    concerned , be paid as soon as the products or goods have been brought under
    a customs warehousing or a free zone procedure with a view to their being
    exported within a set time limit .
3 . Where the export refund varies according to use or destination , the rate
    to be applied shall be the lowest rate .   However , if the use or destination
    is declared, the rate to be applied shall be that fixed for the use or
    destination for which the products or qoods are intended .
                                 Article 5
The benefit of the arrangements provided for in this Regulation shall be subject
to the lodgement of a security equal to the amount paid plus a specified additional
amount .   This security shall be forfeited in whole or in part if the export require
ments are not    met or no right to the export refund is established .
                                 Article 6
The competent authorities of the Member States may refuse to grant the benefit
of the arrangements provided for in this Regulation :
- if the character of the transaction is not such as to guarantee that it will
   be effected in accordance with the provisions in force ,
- to applicants who have committed serious infringements of the provisions
   established under the common agricultural policy .
                                 Article 7
The basic products ,     . products and goods which shall not benefit from the arrange
ments provided for in this Regulation shall be shown on a list to be established .
 ---pagebreak---                                 - 6 -
                              Arti ele 8
Regulation ( EEC ) No 441 / 69 is hereby repealed with effect from 1 January 1980 .
It  shall , however , remain applicable to products and goods which are taken
under control before that date .
                              Article 9
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply from 1 January 1980 to products and goods which are taken
under control from that      -.date .
This Regulation shall be       binding in its entirety and directly applicable
in all Member States .
 ---pagebreak---                    FINANCIAL             STATEMENT
                                                                                   Da" : 20-6.1979
  i . BUDGET HEADING :       Titles 6 and 7 ( refunds )                   APPROPRIATIONS        '
  2. TITLE : draft Council Regulation laying down general rules for the payment
       before export of a sum equal to the export refund for agricultural products
  3 . LEGAL BASIS :          Council R. 2727 / 75
  «. AIMS OF PROJECT : replacement of R. 441 / 69 which caused certain problems in practice
   5 . FINANCIAL IMPLICATIONS                 PERIOD OF 12 MONTHS  CURRENT FI IUNICIAL YEAR FOLLOWING FINANCIAL YEAR
                                                                                     1            {   80    »
   5.0 EXPENDITURE
        - CHARGED TO THE EC BUDGET
           ( REFUNDS / XWXKKKWWX               positive , but                               positive , but
        - NATIONAL ADMINISTRATION              impossible                                   impossible
        - OTHER                                to assess                                    to assess
   5.1 RECEIPTS
        - OWN RESOURCES OF THE EC
           ( LEVIES / CUSTOMS DUTIES )
        - NATIONAL
   5.0.1 ESTIMATED EXPENDITURE
   5.1.1 ESTIMATED RECEIPTS
   5.2 METHOD OF CALCULATION
          Assessment of the financial impact is not possible in the absence of
          the necessary statistical data ( see explanatory memorandum ).
          However , there is a risk that the proposal would increase expenditure ,
          since all the products in question qualify for the system .
    6.0 CAN THE PROJECT BE FINANCED          PRJATI NS^"" ^ ™E "ELEVANT CHAPTER 0F THE CURRENT BUDGET ?
I                                                                                                                        I
I 6.1    CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET ?
                                                                                                                YES / NO
         IS A SUPPLEMENTARY BUDGET BE NECESSARY ?
                                                                                                                YES / NO
I   ô.i WILL FUTURE BUDGET                BE NECESSARY ?
                             APPROPRIATIONS                                                                     YES / NO
I                                                                                                                        1
    OBSERVATIONS :