Commission Regulation (EC) No 1253/2002 of 11 July 2002 amending Regulation (EC) No 800/1999 laying down common detailed rules for the application of the system of export refunds on agricultural products

• Coming into Force: 15 July 2002,01 January 2003
• End of Effective Date: 05 August 2009
• Celex Number: 32002R1253
• ELI: http://data.europa.eu/eli/reg/2002/1253/oj
• Published date: 12 July 2002
• Date: 11 July 2002
• Official Gazette Publication: Official Journal of the European Communities, L 183, 12 July 2002

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Commission Regulation (EC) No 1253/2002 of 11 July 2002 amending Regulation (EC) No 800/1999 laying down common detailed rules for the application of the system of export refunds on agricultural products

Official Journal L 183 , 12/07/2002 P. 0012 - 0021

Commission Regulation (EC) No 1253/2002

of 11 July 2002

amending Regulation (EC) No 800/1999 laying down common detailed rules for the application of the system of export refunds on agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(1), as last amended by Regulation (EC) No 1666/2000(2), and in particular Articles 13 and 21 thereof, and the corresponding provisions of the other regulations on the common organisation of markets in agricultural products,

Whereas:

(1) At present, the conditions for the approval and control of international control and supervisory agencies (hereinafter referred to as SAs) by Member States are laid down in a working document of the Commission that is not legally binding. In its Special Report No 7/2001 concerning export refunds(3), the Court of Auditors has noted certain deficiencies in the proof of arrival system for differentiated export refunds on agricultural products, in which the SAs play a crucial role. In the light of the recommendations of that Special Report, it is appropriate to render the conditions governing the approval and control of SAs legally binding by integrating them into 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 agricultural products(4), as last amended by Regulation (EC) No 2299/2001(5). These conditions concern the procedures for granting, suspending and withdrawing approval, the types and models of the certificates to be issued by SAs as well as the requirements for certification.

(2) It is further considered necessary to provide for an effective system of sanctions, to be implemented by Member States, in cases of irregular proofs of arrival delivered by SAs.

(3) At present there are no common rules for the issue of certificates of unloading by official agencies of Member States established in third countries. It is therefore necessary to establish the minimum requirements to be observed by these agencies when issuing secondary proof of arrival.

(4) With a view to simplify the administrative burden involved in the submission of proofs of arrival, the amounts of export refunds for which no proof of importation is required should be increased.

(5) The burden on the competent authorities of managing small amounts of refunds is heavy. It is therefore considered appropriate, in the interest of simplification, to establish a threshold of EUR 100 below which the competent services of the Member States should be given the option of refusing the payment of such refunds.

(6) At the same time Article 9(1)(c) of Regulation (EC) No 800/1999 should be adapted to the amended Article 912c(2) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(6), as last amended by Regulation (EC) No 444/2002(7).

(7) Regulation (EC) No 800/1999 should therefore be amended accordingly.

(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

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

1. Article 9(1)(c) is replaced by the following: "(c) As an alternative to the conditions set out in point (b), the Member State of destination of the T5 control copy or the Member State where a national document is used as proof may stipulate that the T5 control copy or the national document proving that the products have left the customs territory of the Community is to be endorsed only on presentation of a transport document specifying a final destination outside the customs territory of the Community.

In such cases, one of the following entries shall be added by the competent authorities of the Member State of destination of the T5 control copy or the Member State where a national document is used as proof under the heading 'Remarks' in the section headed 'Control of use and/or destination' on the T5 control copy or under the corresponding heading of the national document:

- Documento de transporte con destino fuera de la CE presentado,

- Transportdokument med destination uden for EF forelagt,

- Beförderungspapier mit Bestimmung außerhalb der EG wurde vorgelegt,

- Υποβαλλόμενο έγγραφο μεταφοράς με προορισμό εκτός ΕΚ,

- Transport document indicating a destination outside the customs territory of the Community has been...