7th July 2008
To the Trader named in the address:
TRADER NOTICE 4 of 2008:
SUBJECT: Commission Regulation (EC) No 639/2008, amending Regulation 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 1 to the Treaty, and the criteria for fixing the amount of such refunds.
This notice is to advise you that the above regulation comes into effect on 6th July 2008. It contains amendments to EU Regulation 1043/2005, which are designed to simplify the system of granting export refunds on certain agricultural products in the form of goods not covered by Annex 1 to the Treaty (i.e. processed products), by reducing the administrative burden on operators exporting those goods.
The new regulation amends Article 27 of Regulation 1043/2005 by providing for changes in the manner in which refund certificate rights may be transferred. The requirement to insert the name and address of a proposed transferee on the application for a Refund Certificate has now been deleted. This brings the transfer of rights in line with those for licenses or certificates in other product sectors. Other obligations in this respect remain the same, including the following: The titular holder of a refund certificate may transfer rights deriving from certificates during validity period, provided they are transferred to a single transferee only. Such transfers shall relate to the amounts not yet attributed to the certificate or extract. Transferee may transfer rights back to titular holder only. Obligations deriving from certificates shall not be transferable.
Article 32(2) is amended to extend the period within which the paying agency shall record the amount paid on a refund certificate from 3 months to 6 months. This change is necessary due to the extra documentation required since the introduction of differentiation for NA1 products.
Article 38a(2) has been amended to reduce the time period between applications lodged and corresponding certificates being issued. Applications now lodged in the course of each week shall be notified by Member States to the Commission on the following Monday. The corresponding certificates may be issued from the Wednesday following the notification, unless the Commission issues instructions to the contrary.
The validity period of refund certificates applied for in compliance with point (a) of Article 33 or Article 38a, i.e. first tranche and/or weekly certificates applied for on 7 November at the latest, has been extended from last day of the fifth month following the month in which the application was made to the end of the tenth month following the month in which the application for the certificate was made.
All subsequent applications for refund certificates remain valid until the last day of the fifth month following the month in which the application for the certificate was made, or, until the last day of the budget period, whichever is the earlier.
The introduction of more efficient reporting systems allows the deadline in Article 45(2), (which provides that unused certificates or extracts of certificates must be returned to the issuing authorities not later than 30 June of the budget period) to be extended to 31 August of that period.
Article 47 of 1043/2005 lays down specific conditions under which small exporters may be granted export refunds. Small exporters are now entitled to use refund certificates without losing the status of small exporter and, in addition the payment threshold has been increased from €75,000 per budget year to €100,000 per budget year.
Any queries in relation to the above changes should be addressed to Niamh Ní Fhlaithbheartaigh, Export Refunds Division – Tel: 053-9163495; e-mail:
Mick Prendergast
Export Refunds Division
DISCLAIMER
Traders have full responsibility for familiarising themselves with, and complying with, any regulatory requirements (including amendments) in force. While care has been taken to ensure as far as possible that the information offered in this Trader Notice is accurate, no legal responsibility is accepted by the Department of Agriculture, Fisheries & Food for any errors or omissions therein.