Commission Regulation (EC) No 1222/94 of 30 May 1994 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds

• Published date: 31 May 1994
• Subject Matter: Non-Annex II EEC Treaty products
• Official Gazette Publication: Official Journal of the European Communities, L 136, 31 May 1994

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Commission Regulation (EC) No 1222/94 of 30 May 1994 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds

Official Journal L 136 , 31/05/1994 P. 0005 - 0032
Finnish special edition: Chapter 3 Volume 57 P. 0169
Swedish special edition: Chapter 3 Volume 57 P. 0169

COMMISSION REGULATION (EC) No 1222/94 of 30 May 1994 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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), and in particular the first subparagraph of Article 8 (3) thereof,

Whereas the regulations on the common organization of the markets in milk and milk products, eggs, rice, sugar and cereals provide that, to the extent required to allow the agricultural products in question to be exported in the form of certain processed goods not listed in Annex II to the Treaty on the basis of world market quotations or prices for such products, the difference between such quotations or prices and prices in the Community may be covered by an export refund;

Whereas Council Regulation (EEC) No 3035/80 (2), as last amended by Regulation (EC) No 776/94 (3) laid down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty and the criteria for fixing the amount of such refunds; whereas the rules adopted under that Regulation may be maintained in their entirety until a more extensive revision is carried out;

Whereas, however, certain amendments to the rules should be made now;

Whereas the goods in question may be obtained directly from basic products or from products derived from the processing thereof, or from products assimilated to one of those two categories; whereas in all these cases rules should be laid down for determining the amount of the export refund;

Whereas, in the absence of evidence that no production refund was granted pursuant to Commission Regulation (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76 concerning production refunds in the cereals and rice sectors respectively (4), or pursuant to Council Regulation (EEC) No 1010/86 of 25 March 1986 laying down general rules for the production refund on certain sugar products used in the chemical industry (5), as last amended by Commission Regulation (EEC) No 464/91 (6), the export refund should be reduced by the amount of the production refund applicable on the day of acceptance of the export declaration; whereas this system is the only one which avoids the risk of fraud;

Whereas Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products (7), as amended by Regulation (EEC) No 2026/83 (8), and Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products (9), as last amended by Regulation (EEC) No 2805/93 (10), lay down rules on the advance payment of export refunds that must be adhered to when the refunds are adjusted;

Whereas exporters should be able to know sufficiently far in advance the amount of the refund to which they may be entitled; whereas to that end, subject to the provision of Article 17 of Council Regulation (EEC) No 804/68 (11), as last amended by Regulation (EC) No 230/94 (12), and of the corresponding Articles in the other regulations on the common organizations of markets, that amount should be fixed for a period of one month;

Whereas Commission Regulation (EEC) No 1760/83 of 29 June 1983 on special detailed rules for the application of the system of advance-fixing certificates for certain agricultural products exported in the form of goods not covered by Annex II to the Treaty and derogating from Regulation (EEC) No 2730/79 with regard to payment of refunds on butter (13), as last amended by Regulation (EEC) No 888/93 (14), already lays down special detailed rules for the system of advance-fixing certificates enabling enterprises to plan their exports;

Whereas the proportion of the above agricultural products in most exported goods is bound to vary; whereas the amount of the refund must therefore be determined on the basis of the quantities of those products actually used in the manufacture of the exported goods; whereas, however, for certain goods of a simple and relatively constant composition the amount of the refund should, for ease of administration, be determined on the basis of fixed quantities of agricultural products;

Whereas it is necessary to provide for a notification system based on the principle that the exporter should declare to the competent authorities, each time that exportation takes place, the quantities of products used in the manufacture of the goods exported; whereas it is for the competent authorities to take any measures they consider necessary to verify the accuracy of such declaration;

Whereas many goods, manufactured by an undertaking under clearly defined technical conditions and having constant characteristics and quality, follow a regular export pattern; whereas to ease export formalities a simplified inspection procedure should be adopted for such goods whereby the manufacturer communicates to the competent authority such information as the latter considers necessary concerning the conditions of manufacture of the goods;

Whereas it is not always possible for the exporters, particularly if he is not the manufacturer, to know the precise quantities of basic products used, for which he can claim a refund; whereas, therefore, the exporter is not always able to make a declaration of these quantities; whereas it is therefore necessary to provide an alternative method of calculation of the refund which the person concerned may ask to be applied, restricted to certain goods, based on the chemical analysis of these goods, and using a conversion table drawn up for this purpose; whereas, moreover, the authorities responsible for checking the exporter's declaration may not, in some cases, possess sufficient evidence to enable them to accept the declaration; whereas these situations are particularly likely to arise when the goods to be exported have been manufactured in a Member State other than the exporting State; whereas, therefore, the competent authorities of the exporting Member State should be able, if necessary, to obtain directly from the competent authorities of the other Member States all the information which is available to the latter authorities concerning the conditions of manufacture of the goods;

Whereas Commission Regulation (EEC) No 570/88 of 16 February 1988 on the sale of butter at reduced prices and the granting of aid for butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs (15), as last amended by Regulation (EC) No 3049/93 (16) authorizes butter and cream to be made available at reduced prices to industries which manufacture certain goods; whereas this should be taken into account for goods eligible for a refund determined on the basis of an analysis;

Whereas Regulation (EEC) No 3665/87 lays down common detailed rules for exports of agricultural products for which refunds may be granted; whereas these rules are also applicable to agricultural products exported in the form of goods not covered by Annex II to the Treaty; whereas this Regulation establishes, among others, rules for how to apply for refunds;

Whereas there should be uniform application throughout the Community of the provisions relating to the granting of refunds for goods not covered by Annex II to the Treaty; whereas to this end each Member State should inform the other Member States through the Commission of the checks it carries out in its territory for the various types of goods exported;

Whereas to ensure correct application of the provisions in the regulations on the common organization of markets relating to the granting of export refunds, such refunds should not be granted on products from third countries used in the manufacture of goods which are exported, after having been in free circulation in the Community;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for horizontal questions concerning trade in processed agricultural products not listed in Annex II,

HAS ADOPTED THIS REGULATION:

Article 1

1. This Regulation lays down common detailed rules for the application of the system of granting refunds applicable to exports of the basic products listed in Annex A (hereinafter referred to as 'basic products'), of products derived from the processing thereof, or of products assimilated to one of those two categories in accordance with paragraph 2, when these various products are exported in the form of goods not covered by Annex II to the Treaty but listed, as the case may be:

- in the Annex to Regulation (EEC) No 804/68,

- in Annex I to Regulation (EEC) No 2771/75 of the Council (17),

- in Annex B to Council Regulation (EEC) No 1418/76 (18),

- in Annex I to Council Regulation (EEC) No 1785/81 (19),

- in Annex B to Council Regulation (EEC) No 1766/92 (20).

These...