Commission Regulation (EC) No 88/2007Show full title

Article 1

1. Where goods falling within CN codes 1902 11 00 and 1902 19 are exported to a destination other than the United States of America, the special refund fixed for the export of cereals in the form of goods falling within CN codes 1902 11 00 and 1902 19 to the United States of America shall not be taken into consideration for determining the lowest rate of refund within the meaning of the first subparagraph of Article 18(2) of Regulation (EC) No 800/1999.

2. Where cereal products covered by one of the situations referred to in Article 23(2) of the Treaty are used for the manufacture of goods falling within CN codes 1902 11 00 and 1902 19 and incorporating certain quantities of cereals subject to inward processing arrangements, the export of the said goods to the United States of America shall not confer entitlement to the export refund for the said product.

Article 2

1. For the export to the United States of America of goods falling within CN codes 1902 11 00 and 1902 19 the competent authority of the Member State in which the export declaration is accepted by customs shall, at the request of the parties concerned, issue a ‘Certificate for the export of pasta to the USA’, hereinafter referred to as the ‘certificate P 2’.

2. The certificate P 2, which shall consist of an original and three copies, shall be drawn up in accordance with the specimen in Annex I and shall meet the technical conditions laid down in Annex II.

Article 3

1. The certificate P 2 and the copies thereof shall be issued by the issuing agency appointed by each Member State. Each certificate issued shall be identified by a serial number assigned thereto by the issuing agency. The copies shall bear the same serial number as the original.

2. The issuing agency shall retain copy No 3 and shall deliver the original and the other two copies, bearing the agency's stamp in box 9 as shown in the specimen in Annex I, to the exporter, who shall present them to the customs office in the Community at the time of acceptance of the export declaration for the United States of America.

Article 4

1. For the purposes of this Regulation, the document referred to in Article 5(4) of Regulation (EC) No 800/1999 must state, in addition to the information provided for in the said Article 5(4), the serial number and the date of issue of the certificate P 2.

2. The competent authority shall indicate in the appropriate part of box 10 of the original and copies of the certificate P 2 whether or not the goods qualify for a refund. The customs office referred to in Article 3(2) shall check that the document is duly completed and shall affix its stamp in box 10 of the original and copies of the certificate P 2.

3. In the case referred to in Article 1(2), the certificate P 2 must not be stamped by the customs office referred to in Article 3(2).

4. The certificate P 2 and copy No 1 thereof shall be delivered by the customs office to the interested party. Copy No 2 of the certificate shall be kept by the customs office.

Article 5

In the event of export to the United States of America, the paying agency shall pay the refund where the general conditions laid down in Community rules are met and where, in addition, the document referred to in Article 4(1), duly completed, and the original of the certificate P 2, stamped by the customs office referred to in Article 3(2), are presented.

Article 6

The competent authorities of the Member States shall communicate to the Commission, by the end of each month at the latest, the statistics relating to the quantities of pasta products, by CN codes, specifying the quantities which qualify for an export refund and the quantities which do not qualify for an export refund, in respect of which certificates have been stamped in the course of the previous month by the customs offices where the export declarations were accepted, at the following address:

European Commission,

Directorate-General Enterprise and Industry,

Non-Annex I products,

B-1049 Bruxelles/Brussel

.

Article 7

Regulation (EEC) No 2723/87 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex IV.

Article 8

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 12 December 2006.

For the Commission

Günter Verheugen

Vice-President