ISSN 1725-2555

Official Journal

of the European Union

L 172

European flag  

English edition

Legislation

Volume 48
5 July 2005


Contents

 

I   Acts whose publication is obligatory

page

 

*

Council Regulation (EC) No 1039/2005 of 21 June 2005 amending Regulation (EEC) No 1907/90 as regards the marking of eggs

1

 

 

Commission Regulation (EC) No 1040/2005 of 4 July 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

2

 

*

Commission Regulation (EC) No 1041/2005 of 29 June 2005 amending Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark ( 1 )

4

 

*

Commission Regulation (EC) No 1042/2005 of 29 June 2005 amending Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) ( 1 )

22

 

*

Commission Regulation (EC) No 1043/2005 of 30 June 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 I to the Treaty, and the criteria for fixing the amount of such refunds

24

 

*

Commission Regulation (EC) No 1044/2005 of 4 July 2005 amending Regulation (EC) No 2808/98 as regards the operative event for the exchange rate for aid under Regulation (EC) No 1782/2003 and amending Regulation (EC) No 1973/2004

76

 

*

Commission Regulation (EC) No 1045/2005 of 4 July 2005 amending Regulation (EC) No 2760/98 concerning the implementation of a programme for cross-border cooperation in the framework of the Phare programme

78

 

*

Commission Regulation (EC) No 1046/2005 of 4 July 2005 amending Regulation (EC) No 958/2003 laying down detailed rules for the application of Council Decision 2003/286/EC as regards the concessions in the form of Community tariff quotas on certain cereal products originating in the Republic of Bulgaria and amending Regulation (EC) No 2809/2000

79

 

 

Commission Regulation (EC) No 1047/2005 of 4 July 2005 fixing Community producer and import prices for carnations and roses with a view to the application of the arrangements governing imports of certain floricultural products originating in Jordan

81

 

 

Acts adopted under Title V of the Treaty on European Union

 

*

Council Decision 2005/481/CFSP of 13 June 2005 concerning the conclusion of the Agreement between the European Union and Ukraine on the security procedures for the exchange of classified information

83

Agreement between Ukraine and the European Union on the security procedures for the exchange of classified information

84

 


 

(1)   Text with EEA relevance

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


I Acts whose publication is obligatory

5.7.2005   

EN

Official Journal of the European Union

L 172/1


COUNCIL REGULATION (EC) No 1039/2005

of 21 June 2005

amending Regulation (EEC) No 1907/90 as regards the marking of eggs

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular Article 2(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

From 1 July 2005, eggs sold on a local public market must be stamped with a code designating the producer’s distinguishing number and permitting the farming method to be identified in accordance with Article 7(1)(a) of Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs (2). In some Member States, this requirement could create difficulties for small, low-income holdings, where egg production is often only a sideline. As the possibility of selling these table eggs on local public markets is of great economic and social importance for such holdings, Member States should be permitted to exempt them from the compulsory marking requirement. A derogation should therefore be laid down to this end for holdings with up to 50 laying hens.

(2)

Given the urgency of the matter, it is imperative to grant an exception to the six-week period referred to in paragraph I(3) of the Protocol on the role of national parliaments in the European Union, annexed to the Treaty on European Union and to the Treaties establishing the European Communities.

(3)

Regulation (EEC) No 1907/90 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The last subparagraph of Article 2(3) of Regulation (EEC) No 1907/90 is hereby replaced by the following:

‘However, eggs sold by the producer on a local public market shall carry the code defined in Article 7(1)(a). Member States may exempt producers of eggs whose holding does not exceed 50 laying hens from this requirement, provided that those eggs are sold on a local public market in the region of production of the Member State concerned and that the name and address of the holding are indicated at the place of sale.’

Article 2

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

It shall apply from 1 July 2005.

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

Done at Luxembourg, 21 June 2005.

For the Council

The President

F. BODEN


(1)  OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Commission Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)  OJ L 173, 6.7.1990, p. 5. Regulation as last amended by Commission Regulation (EC) No 2052/2003 (OJ L 305, 22.11.2003, p. 1).


5.7.2005   

EN

Official Journal of the European Union

L 172/2


COMMISSION REGULATION (EC) No 1040/2005

of 4 July 2005

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 5 July 2005.

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

Done at Brussels, 4 July 2005.

For the Commission

J. M. SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development


(1)  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).


ANNEX

to Commission Regulation of 4 July 2005 establishing the standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

65,0

096

41,8

999

53,4

0707 00 05

052

93,0

999

93,0

0709 90 70

052

85,4

999

85,4

0805 50 10

382

71,1

388

64,6

528

50,5

999

62,1

0808 10 80

388

81,4

400

85,1

508

78,3

512

66,3

524

62,4

528

48,8

720

103,7

804

91,2

999

77,2

0808 20 50

388

87,6

512

60,6

528

69,3

800

55,9

999

68,4

0809 10 00

052

182,7

999

182,7

0809 20 95

052

279,5

068

218,2

400

317,1

999

271,6

0809 40 05

624

121,4

999

121,4


(1)  Country nomenclature as fixed by Commission Regulation (EC) No 750/2005 (OJ L 126, 19.5.2005, p. 12). Code ‘999’ stands for ‘of other origin’.


5.7.2005   

EN

Official Journal of the European Union

L 172/4


COMMISSION REGULATION (EC) No 1041/2005

of 29 June 2005

amending Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (1), and in particular Article 157 thereof,

Whereas:

(1)

According to Regulation (EC) No 40/94, it is necessary to adopt technical measures to implement dispositions concerning the standard form for the searches reports, division of the application and registration, revocation of decisions, authorisations, and decisions taken by a single member of the Opposition or Cancellation Division.

(2)

After 10 March 2008 the search system will remain compulsory for Community trade marks, but it should be made optional, subject to the payment of a fee, for searches in the trade mark registers of the Member States which notified their own decision to carry out a search. A standard form comprising essential elements for the search report is hereby laid out with a view to improving the quality and uniformity of such search reports.

(3)

The declaration of division and registration must comply with the elements set out in the present regulation. The new ex officio revocation of a decision or an entry in the register by the Office for Harmonization in the Internal Market (trade marks and designs) (The Office) must comply with the specific procedure as established in the present regulation. The exceptional cases where an authorisation is mandatory are specified. A list of simple cases where a decision can be taken by a single member of the Opposition or Cancellation Divisions is provided for.

(4)

Furthermore, existing rules should be amended in order to improve or clarify the procedure for registration. In addition, certain procedural points should be amended without changing the substance of the system.

(5)

In order to cover the specificities and facilities of the e-filing procedure, the following provisions are amended: Rule 1(1)(c), Rule 3(2), Rule 61, Rule 72(4), Rule 79, Rule 82, Rule 89(1) and (2).

(6)

The electronic filing and electronic publication of Community trade mark applications should facilitate the filing of trade marks in general and in particular enhance the filing of trade marks consisting of colours per se or sounds by means of a representation of the mark which is clear, precise, self-contained, easily accessible, intelligible, durable and objective. The technical conditions, in particular the data format for sound files, should be laid down by the President of the Office. E-filing of trade marks consisting of sounds can be accompanied by an electronic sound file and this file can be included in the electronic publication of the Community trade mark applications to facilitate public access to the sound itself.

(7)

The provisions concerning the opposition procedure should be reframed completely as to specify the admissibility requirements, to specify clearly the legal consequences of deficiencies and to bring the provisions in the chronological order of the proceedings.

(8)

Following the additional competence of the Office for the examination of the admissibility of conversion the refusal of a request for conversion may become partial in the sense that conversion can be acceptable for some Member States but inadmissible for others. In addition, some criteria to be used for examining absolute grounds by reference to the language of a Member State should be added.

(9)

Regarding costs to be born by the losing party in opposition and cancellation procedures, reimbursable costs of the representation should be limited but the present maximum amounts should be increased slightly in view of the time elapsed since adoption of the Implementing Regulation. Where witnesses or experts are summoned, no such maximum rate should be provided but the reimbursable costs shall comprise the actual amounts those witnesses and experts can claim.

(10)

Commission Regulation (EC) No 2868/95 (2) should therefore be amended accordingly.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Fees, Implementation Rules and the Procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs),

HAS ADOPTED THIS REGULATION:

Article 1

Article 1 of Regulation (EC) No 2868/95 is amended as follows:

1.

Rule 1(1) is amended as follows:

(a)

point (b) is replaced by the following:

‘(b)

the name, address and nationality of the applicant and the State in which he is domiciled or has his seat or an establishment. Names of natural persons shall be indicated by the persons family name and given name(s). Names of legal entities, as well as bodies falling under Article 3 of the Regulation, shall be indicated by their official designation and include the legal form of the entity, which may be abbreviated in a customary manner. The telephone numbers, fax numbers, electronic mail address and details of other data communications links under which the applicant accepts to receive communications may be given. Only one address shall, in principle, be indicated for each applicant. Where several addresses are indicated, only the address mentioned first shall be taken into account, except where the applicant designates one of the addresses as an address for service;’

(b)

in point (c), the following is added:

‘, or a reference to the list of the goods and services of a previous Community trade mark application;’

(c)

point (k) is replaced by the following:

‘(k)

the signature of the applicant or his representative in accordance with Rule 79;’

(d)

point (l) is added:

‘(l)

where applicable, the request of a search report referred to in Article 39(2) of the Regulation.’;

2.

Rule 3 is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2.

In cases other than those referred to in paragraph 1 and save where the application is filed by electronic means, the mark shall be reproduced on a sheet of paper separate from the sheet on which the text of the application appears. The sheet on which the mark is reproduced shall not exceed DIN A4 size (29,7 cm high, 21 cm wide) and the space used for the reproduction (type-area) shall not be larger than 26,2 cm × 17 cm. A margin of at least 2,5 cm shall be left on the left-hand side. Where it is not obvious, the correct position of the mark shall be indicated by adding the word “top” to each reproduction. The reproduction of the mark shall be of such quality as to enable it to be reduced or enlarged to a size not more than 8 cm wide by 16 cm high for publication in the Community Trade Mark Bulletin.’;

(b)

paragraphs 5 and 6 are replaced by the following:

‘5.

Where registration in colour is applied for, the representation of the mark under paragraph 2 shall consist of the colour reproduction of the mark. The colours making up the mark shall also be indicated in words and a reference to a recognized colour code may be added.

6.

Where registration of a sound mark is applied for, the representation of the trade mark shall consist of a graphical representation of the sound, in particular a musical notation; where the application is filed through electronic means, it may be accompanied by an electronic file containing the sound. The President of the Office shall determine the formats and maximum size of the electronic file.’;

3.

Rule 4 is replaced by the following:

‘Rule 4

Fees for the application

The fees payable for the application shall be:

(a)

the basic fee;

(b)

a class fee for each class exceeding three to which the goods or services belong according to Rule 2;

(c)

where applicable, the search fee.’;

4.

The following Rule 5a is inserted:

‘Rule 5a

Search report

The search reports shall be prepared using a standard form which contains at least the following information:

(a)

the name of the central industrial property offices that carried out the search;

(b)

the number of the trademark applications or registrations mentioned in the search report;

(c)

the date of application and if applicable date of priority of the trademark applications or registrations mentioned in the search report;

(d)

the date of registration of the trademarks mentioned in the search report;

(e)

the name and contact address of the holder of the trademarks applications or registrations mentioned in the search report;

(f)

a representation of the trademarks applied for or registered mentioned in the search report;

(g)

an indication of the classes, according to the Nice Classification, for which the earlier national trademarks are applied for or registered or of the goods and services for which the trademarks mentioned in the search report are either applied for or registered.’;

5.

In Rule 6(1) the following sentence is added:

‘If the previous application is a Community trade mark application, the Office shall ex officio include a copy of the previous application in the file of the Community trade mark application.’;

6.

Rule 8(2) is replaced by the following:

‘2.

Where the applicant wishes to claim the seniority of one or more earlier registered trade marks as referred to in Article 34 of the Regulation, subsequent to the filing of the application, the declaration of seniority, indicating the Member State or Member States in or for which the mark is registered, the number and the filing date of the relevant registration, and the goods and services for which the mark is registered, shall be submitted within a period of two months from the filing date. The evidence required under paragraph 1 shall be submitted to the Office within a period of three months from receipt of the declaration of seniority.’;

7.

Rule 10 is replaced by the following:

‘Rule 10

Searches by national offices

1.

If the request for a search report referred to in Article 39(2) of the Regulation is not made in the application for a Community trade mark, or if the search fee referred to in Rule 4(c) is not paid within the time limit for paying the basic application fee, the application shall not be subjected to a search by the central industrial property offices.

2.

An international registration designating the European Community shall not be subjected to a search by the central industrial property offices if the request for a search report pursuant to Article 39(2) of the Regulation is not made to the Office within one month starting with the date on which the International Bureau notifies the international registration to the Office, or if the search fee is not paid within the same period.’;

8.

Point (c) of Rule 12 is replaced by the following:

‘(c)

the reproduction of the mark, together with the elements and descriptions referred to in Rule 3; where the reproduction of the mark is in colour or contains colours, the publication shall be in colour and shall indicate the colour or colours making up the mark, as well as, where applicable, the colour code indicated’;

9.

In Rule 13, point (c) of paragraph 1, and paragraph 2 are deleted;

10.

The following Rule 13a is inserted:

‘Rule 13a

Division of the application

1.

A declaration of the division of the application pursuant to Article 44a of the Regulation shall contain:

(a)

the file number of the application;

(b)

the name and address of the applicant in accordance with Rule 1(1)(b);

(c)

the list of goods and services which shall form the divisional application, or, where the division into more than one divisional application is sought, the list of goods and services for each divisional application;

(d)

the list of goods and services which shall remain in the original application.

2.

Where the Office finds that the requirements laid down in paragraph 1 are not fulfilled or the list of goods and services which shall form the divisional application overlap with the goods and services which shall remain in the original application, it shall invite the applicant to remedy the deficiencies noted within such period as it may specify.

If the deficiencies are not remedied before the time limit expires, the Office shall refuse the declaration of division.

3.

The periods as referred to in Article 44a(2)(b) of the Regulation during which a declaration of division of the application is not admissible shall be:

(a)

the period before a date of filing has been accorded;

(b)

the period of three months following the publication of the application provided for in Article 42(1) of the Regulation;

(c)

the period after the date of issue of the notification to pay the registration fee referred to in Rule 23(1).

4.

Where the Office finds, that the declaration of division is inadmissible pursuant to Article 44a of the Regulation or pursuant to paragraph 3(a) and (b), it shall refuse the declaration of division.

5.

The Office shall establish a separate file for the divisional application, which shall consist of a complete copy of the file of the original application, including the declaration of division and the correspondence relating thereto. The Office shall assign a new application number to the divisional application.

6.

Where the declaration of division relates to an application which has already been published pursuant to Article 40 of the Regulation, the division shall be published in the Community Trade Marks Bulletin. The divisional application shall be published; the publication shall contain the indications and elements referred to in Rule 12. The publication does not open a new period for the filing of oppositions.’;

11.

Rules 15 to 20 are replaced by the following:

‘Rule 15

Notice of opposition

1.

A notice of opposition may be entered on the basis of one or more earlier marks within the meaning of Article 8(2) of the Regulation (earlier marks) and one and/or more other earlier rights within the meaning of Article 8(4) of the Regulation (earlier rights), provided that the earlier marks or earlier rights all belong to the same proprietor or proprietors. If an earlier mark and/or an earlier right has more than one proprietor (co-ownership), the opposition may be filed by any or all of them.

2.

The notice of opposition shall contain:

(a)

the file number of the application against which opposition is entered and the name of the applicant for the Community trade mark;

(b)

a clear identification of the earlier mark or earlier right on which the opposition is based, namely:

(i)

where the opposition is based on an earlier mark within the meaning of Article 8(2)(a) or (b) of the Regulation or where the opposition is based on Article 8(3) of the Regulation, the indication of the file number or registration number of the earlier mark, the indication whether the earlier mark is registered or an application for registration, as well as the indication of the Member States including, where applicable, the Benelux, in or for which the earlier mark is protected, or, if applicable, the indication that it is a Community trade mark;

(ii)

where the opposition is based on a well-known mark within the meaning of Article 8(2)(c) of the Regulation, the indication of the Member State where the mark is well-known and either the indications referred to in point (i) or a representation of the mark;

(iii)

where the opposition is based on an earlier right within the meaning of Article 8(4), an indication of its kind or nature, a representation of the earlier right, and an indication of whether this earlier right exists in the whole Community or in one or more Member States, and if so, an indication of the Member States;

(c)

the grounds on which the opposition is based, namely a statement to the effect that the respective requirements under Article 8(1), (3), (4) and (5) of the Regulation are fulfilled;

(d)

the filing date and, where available, the registration date and the priority date of the earlier mark, unless it is an unregistered well-known trade mark;

(e)

a representation of the earlier mark as registered or applied for; if the earlier mark is in colour, the representation shall be in colour;

(f)

the goods and services on which the opposition is based;

(g)

where the opposition is based on an earlier mark having a reputation within the meaning of Article 8(5) of the Regulation, an indication of the Member State in which, and the goods and services for which, the mark has a reputation;

(h)

as concerns the opposing party:

(i)

the name and address of the opposing party in accordance with Rule 1(1)(b);

(ii)

where the opposing party has appointed a representative, the name and business address of the representative in accordance with Rule 1(1)(e);

(iii)

where the opposition is entered by a licensee or by a person who is entitled under the relevant national law to exercise an earlier right, a statement to that effect and indications concerning the authorisation or entitlement to file the opposition.

3.

The notice of opposition may contain:

(a)

an indication of the goods and services against which the opposition is directed; in the absence of such an indication the opposition shall be considered to be directed against all of the goods and services of the opposed Community trade mark application;

(b)

a reasoned statement setting out the main facts and arguments on which the opposition relies, and evidence to support the opposition.

4.

Where the opposition is based on more than one earlier mark or earlier right, paragraphs 2 and 3 shall apply for each of these rights.

Rule 16

Use of languages in the notice of opposition

1.

The time limit referred to in Article 115(6) of the Regulation within which the opposing party has to file a translation of his opposition shall be one month from the expiry of the opposition period.

2.

Where the opposing party or the applicant, before the date on which the opposition proceedings are deemed to commence pursuant to Rule 18(1), informs the Office that the applicant and the opposing party have agreed on a different language for the opposition proceedings pursuant to Article 115(7) of the Regulation, the opposing party shall, where the notice of opposition has not been filed in that language, file a translation of the notice of opposition in that language within a period of one month from the said date. Where the translation is not filed or filed late, the language of the proceedings shall remain unchanged.

Rule 16a

Information of the applicant

Any notice of opposition and any document submitted by the opposing party, as well as any communication addressed to one of the parties by the Office prior to the expiry of the period referred to in Rule 18 shall be sent by the Office to the other party for purposes of informing of the introduction of an opposition.

Rule 17

Examination of admissibility

1.

If the opposition fee has not been paid within the opposition period, the opposition shall be deemed not to have been entered. If the opposition fee has been paid after the expiry of the opposition period, it shall be refunded to the opposing party.

2.

If the notice of opposition has not been filed within the opposition period, or if the notice of opposition does not clearly identify the application against which opposition is entered or the earlier mark or the earlier right on which the opposition is based in accordance with Rule 15(2)(a) and (b), or does not contain grounds for opposition in accordance with Rule 15(2)(c), and if those deficiencies have not been remedied before the expiry of the opposition period, the Office shall reject the opposition as inadmissible.

3.

Where the opposing party does not submit a translation as required under Rule 16(1), the opposition shall be rejected as inadmissible. Where the opposing party submits an incomplete translation, the part of the notice of opposition that has not been translated shall not be taken into account in the examination of admissibility.

4.

If the notice of opposition does not comply with the other provisions of Rule 15, the Office shall inform the opposing party accordingly and shall invite him to remedy the deficiencies noted within a period of two months. If the deficiencies are not remedied before the time limit expires, the Office shall reject the opposition as inadmissible.

5.

Any finding pursuant to paragraph 1 that the notice of opposition is deemed not to have been entered and any decision to reject an opposition as inadmissible under paragraphs 2, 3 and 4 shall be notified to the applicant.

Rule 18

Commencement of opposition proceedings

1.

When the opposition is found admissible pursuant to Rule 17, the Office shall send a communication to the parties informing them that the opposition proceedings shall be deemed to commence two months after receipt of the communication. This period may be extended up to a total of 24 months if both parties submit requests for such an extension before the period expires.

2.

If, within the period referred to in paragraph 1, the application is withdrawn or restricted to goods and services against which the opposition is not directed, or the Office is informed about a settlement between the parties, or the application is rejected in parallel proceedings, the opposition proceedings shall be closed.

3.

If, within the period referred to in paragraph 1, the applicant restricts the application by deleting some of the goods and services against which the opposition is directed, the Office shall invite the opposing party to state, within such a period as it may specify, whether he maintains the opposition, and if so, against which of the remaining goods and services. If the opposing party withdraws the opposition in view of the restriction the opposition proceedings shall be closed.

4.

If before expiry of the period referred to in paragraph 1 the opposition proceedings are closed pursuant to paragraphs 2 or 3, no decision on costs shall be taken.

5.

If before expiry of the period referred to in paragraph 1 the opposition proceedings are closed following a withdrawal or restriction of the application or pursuant to paragraph 3, the opposition fee shall be refunded.

Rule 19

Substantiation of the opposition

1.

The Office shall give the opposing party the opportunity to present the facts, evidence and arguments in support of his opposition or to complete any facts, evidence or arguments that have already been submitted pursuant to Rule 15(3), within a time limit specified by it and which shall be at least 2 months starting on the date on which the opposition proceedings shall be deemed to commence in accordance with Rule 18(1).

2.

Within the period referred to in paragraph 1, the opposing party shall also file proof of the existence, validity and scope of protection of his earlier mark or earlier right, as well as evidence proving his entitlement to file the opposition. In particular, the opposing party shall provide the following evidence:

(a)

if the opposition is based on a trade mark which is not a Community trade mark, evidence of its filing or registration, by submitting:

(i)

if the trade mark is not yet registered, a copy of the relevant filing certificate or an equivalent document emanating from the administration with which the trade mark application was filed; or

(ii)

if the trade mark is registered, a copy of the relevant registration certificate and, as the case may be, of the latest renewal certificate, showing that the term of protection of the trade mark extends beyond the time limit referred to in paragraph 1 and any extension thereof, or equivalent documents emanating from the administration by which the trade mark was registered;

(b)

if the opposition is based on a well-known mark within the meaning of Article 8(2)(c) of the Regulation, evidence showing that this mark is well-known in the relevant territory;

(c)

if the opposition is based on a mark with reputation within the meaning of Article 8(5) of the Regulation, in addition to the evidence referred to in point (a) of this paragraph, evidence showing that the mark has a reputation, as well as evidence or arguments showing that use without due cause of the trade mark applied for would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark;

(d)

if the opposition is based on an earlier right within the meaning of Article 8(4) of the Regulation, evidence of its acquisition, continued existence and scope of protection of that right;

(e)

if the opposition is based on Article 8(3) of the Regulation, evidence of the opposing party's proprietorship and of the nature of his relationship with the agent or representative.

3.

The information and evidence referred to in paragraphs 1 and 2 shall be in the language of the proceedings or accompanied by a translation. The translation shall be submitted within the time limit specified for submitting the original document.

4.

The Office shall not take into account written submissions or documents, or parts thereof, that have not been submitted, or that have not been translated into the language of the proceedings, within the time limit set by the Office.

Rule 20

Examination of the opposition

1.

If until expiry of the period referred to in Rule 19(1) the opposing party has not proven the existence, validity and scope of protection of his earlier mark or earlier right, as well his entitlement to file the opposition, the opposition shall be rejected as unfounded.

2.

If the opposition is not rejected pursuant to paragraph 1, the Office shall communicate the submission of the opposing party to the applicant and shall invite him to file his observations within a period specified by the Office.

3.

If the applicant submits no observations, the Office shall base its ruling on the opposition on the evidence before it.

4.

The observations submitted by the applicant shall be communicated to the opposing party who shall be invited by the Office, if it considers it necessary to do so, to reply within a period specified by the Office.

5.

Rule 18(2) and (3) shall apply mutatis mutandis after the date on which the opposition proceedings are deemed to commence.

6.

In appropriate cases, the Office may invite the parties to limit their observations to particular issues, in which case it shall allow the party to raise the other issues at a later stage of the proceedings. In no case shall the Office be required to inform the parties which facts or evidence could be or have not been submitted.

7.

The Office may suspend opposition proceedings:

(a)

where the opposition is based on an application for registration pursuant to Article 8(2)(b) of the Regulation until a final decision is taken in that proceeding;

(b)

where the opposition is based on an application for registration for a geographical indication or designation of origin under Council Regulation (EEC) No 2081/92 (3) until a final decision is taken in that proceeding; or

(c)

where a suspension is appropriate under the circumstances.

12.

Rule 22 is replaced by the following:

‘Rule 22

Proof of use

1.

A request for proof of use pursuant to Article 43(2) or (3) of the Regulation shall be admissible only if the applicant submits such a request within the period specified by the Office pursuant to Rule 20(2).

2.

Where the opposing party has to furnish proof of use or show that there are proper reasons for non-use, the Office shall invite him to provide the proof required within such period as it shall specify. If the opposing party does not provide such proof before the time limit expires, the Office shall reject the opposition.

3.

The indications and evidence for the furnishing of proof of use shall consist of indications concerning the place, time, extent and nature of use of the opposing trade mark for the goods and services in respect of which it is registered and on which the opposition is based, and evidence in support of these indications in accordance with paragraph 4.

4.

The evidence shall be filed in accordance with Rules 79 and 79a and shall, in principle, be confined to the submission of supporting documents and items such as packages, labels, price lists, catalogues, invoices, photographs, newspaper advertisements, and statements in writing as referred to in Article 76(1)(f) of the Regulation.

5.

A request for proof of use may be made with or without submitting at the same time observations on the grounds on which the opposition is based. Such observations may be filed together with the observations in reply to the proof of use.

6.

Where the evidence supplied by the opposing party is not in the language of the opposition proceedings, the Office may require the opposing party to submit a translation of that evidence in that language, within a period specified by the Office.’

13.

Rule 24(2) is replaced by the following:

‘2.

The Office shall provide certified or uncertified copies of the certificate of registration, upon payment of a fee.’;

14.

In Rule 25(1) point (c) is deleted;

15.

The following Rule 25a is inserted:

‘Rule 25a

Division of a registration

1.

A declaration of the division of a registration pursuant to Article 48a of the Regulation shall contain:

(a)

the registration number;

(b)

the name and address of the proprietor of the trade mark in accordance with Rule 1(1)(b);

(c)

the list of goods and services which shall form the divisional registration, or, where the division into more than one divisional registration is sought, the list of goods and services for each divisional registration;

(d)

the list of goods and services which shall remain in the original registration.

2.

Where the Office finds that the requirements laid down in paragraph 1 are not fulfilled or the list of goods and services which shall form the divisional registration overlap with the goods and services which shall remain in the original registration, it shall invite the applicant to remedy the deficiencies noted within such period as it may specify.

If the deficiencies are not remedied before the time limit expires, the Office shall refuse the declaration of division.

3.

Where the Office finds, that the declaration of division is inadmissible pursuant to Article 48a of the Regulation, it shall refuse the declaration of division.

4.

The Office shall establish a separate file for the divisional registration, which shall consist of a complete copy of the file of the original registration, including the declaration of division and the correspondence relating thereto. The Office shall assign a new registration number to the divisional registration.’;

16.

In Rule 26(2), point (d) is deleted;

17.

Rule 28(1) is amended as follows:

(a)

point (c) is deleted;

(b)

point (d) is replaced by the following:

‘(d)

an indication of the Member State or Member States in or for which the earlier mark is registered, the number and the filing date of the relevant registration, and the goods and services for which the earlier mark is registered;’

18.

Rule 30 is replaced by the following:

‘Rule 30

Renewal of registration

1.

An application for renewal shall contain:

(a)

the name of the person requesting renewal;

(b)

the registration number of the Community trade mark to be renewed;

(c)

if the renewal is requested for only part of the goods and services for which the mark is registered, an indication of those classes or those goods and services for which renewal is requested or those classes or those goods and services for which renewal is not requested, grouped according to the classes of the Nice classification, each group being preceded by the number of the class of that classification to which that group of goods or services belongs and presented in the order of the classes of that classification.

2.

The fees payable under Article 47 of the Regulation for the renewal of a Community trade mark shall consist of the following:

(a)

a basic fee;

(b)

a class fee for each class exceeding three in respect of which renewal is applied for; and

(c)

where applicable, the additional fee for late payment of the renewal fee or late submission of the request for renewal, pursuant to Article 47(3) of the Regulation, as specified in the Fees Regulation.

3.

It shall be deemed to constitute a request for renewal if the payment referred to in paragraph 2 is made by a means of payment referred to in Article 5(1) of the Fees Regulation, provided that it contains all the indications required under paragraph 1 (a) and (b) of this Rule and Article 7(1) of the Fees Regulation.

4.

Where the application for renewal is filed within the periods provided for in Article 47(3) of the Regulation, but the other conditions governing renewal provided for in Article 47 of the Regulation and these Rules are not satisfied, the Office shall inform the applicant of the deficiencies found.

5.

Where an application for renewal is not submitted or is submitted after expiry of the period provided for in the third sentence of Article 47(3) of the Regulation, or where the fees are not paid or are paid only after the period in question has expired, or where the deficiencies are not remedied within that period, the Office shall determine that the registration has expired and shall so notify the proprietor of the Community trade mark.

Where the fees paid are insufficient to cover all the classes of goods and services for which renewal is requested, such a determination shall not be made if it is clear which class or classes are to be covered. In the absence of other criteria, the Office shall take the classes into account in the order of classification.

6.

Where the determination made pursuant to paragraph 5 has become final, the Office shall cancel the mark from the register. The cancellation shall take effect from the day following the day on which the existing registration expired.

7.

Where the renewal fees provided for in paragraph 2 have been paid but the registration is not renewed, those fees shall be refunded.

8.

A single application for renewal may be submitted for two or more marks, upon payment of the required fees for each of the marks, provided that the proprietors or the representatives are the same in each case.’;

19.

Rule 31(3) and (4) is deleted;

20.

Rule 32(4) is replaced by the following:

‘4.

The Office shall establish a separate file for the new registration, which shall consist of a complete copy of the file of the original registration, including the application for registration of the partial transfer and the correspondence relating thereto. The Office shall assign a new registration number to the new registration.’;

21.

Rule 33 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.

Rule 31(1), (2), (5) and (7) shall apply mutatis mutandis to the registration of a licence, of a transfer of a licence, of a right in rem, of a transfer of a right in rem, of an enforcement measure or of insolvency proceedings, subject to the following:

(a)

Rule 31(1)(c) shall not apply in respect of a request for registration of a right in rem, of a levy of execution or of insolvency proceedings;

(b)

Rule 31(1)(d) and (5) shall not apply where the request was made by the proprietor of the Community trade mark.’;

(b)

paragraph 2 is replaced by the following:

‘2.

The application for registration of a licence, a transfer of a licence, a right in rem, a transfer of a right in rem or an enforcement measure shall not be deemed to have been filed until the required fee has been paid.’;

(c)

in paragraph 3, ‘Articles 19, 20 or 22’ is replaced by ‘Articles 19 to 22’ and ‘in paragraphs 1 and 2 above,’ is replaced by ‘in paragraph 1 of this Rule and in Rule 34(2)’.

(d)

paragraph 4 is replaced by the following:

‘4.

Paragraphs 1 and 3 shall apply mutatis mutandis to applications for Community trade marks. Licences, rights in rem, insolvency proceedings and enforcement measures shall be recorded in the files kept by the Office concerning the Community trade mark application.’;

22.

Rule 34 is replaced by the following:

‘Rule 34

Special provisions for the registration of a licence

1.

The application for registration of a licence may contain a request to record the licence in the Register as one or more of the following:

(a)

an exclusive licence;

(b)

a sub-licence in case where the licence is granted by a licensee whose licence is recorded in the Register;

(c)

a licence limited to only a part of the goods or services for which the mark is registered;

(d)

a licence limited to part of the Community;

(e)

a temporary licence.

2.

Where a request is made to record the licence as a licence pursuant to paragraph 1(c), (d) and (e), the application for registration of a licence shall indicate the goods and services and the part of the Community and the time period for which the licence is granted.’;

23.

Rule 35(3) is replaced by the following:

‘3.

The application for cancellation of a licence, a right in rem or an enforcement measure shall not be deemed to have been filed until the required fee has been paid.’;

24.

Point (c) of Rule 36(1) is deleted;

25.

Rule 38 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.

The time limit referred to in Article 115(6) of the Regulation within which the applicant for revocation or a declaration of invalidity has to file a translation of his application shall be one month, starting with the date of the filing of his application, failing which the application shall be rejected as inadmissible.’;

(b)

in paragraph 3, the following sentence is added:

‘Where the translation is not filed or filed late, the language of the proceedings shall remain unchanged.’;

26.

Rule 39 is replaced by the following:

‘Rule 39

Rejection of the application for revocation or for declaration of invalidity as inadmissible

1.

Where the Office finds that the required fee has not been paid, it shall invite the applicant to pay the fee within a period specified by it. If the required fee is not paid within the period specified by the Office, the Office shall inform the applicant that the application for revocation or for declaration of invalidity is deemed not to have been filed. If the fee has been paid after expiry of the period specified, it shall be refunded to the applicant.

2.

Where the translation required under Rule 38(1) is not filed within the prescribed period, the Office shall reject the application for revocation or for declaration of invalidity as inadmissible.

3.

If the Office finds that the application does not comply with Rule 37, it shall invite the applicant to remedy the deficiencies found within such period as it may specify. If the deficiencies are not remedied before expiry of the time limit, the Office shall reject the application as inadmissible.

4.

Any decision to reject an application for revocation or declaration of invalidity under paragraph 2 or 3 shall be communicated to the applicant and the proprietor of the Community trade mark.’;

27.

Rule 40 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.

Every application for revocation or for declaration of invalidity which is deemed to have been filed shall be notified to the proprietor of the Community trade mark. When the Office has found the application admissible, it shall invite the proprietor of the Community trade mark to file his observations within such period as it may specify.’

(b)

paragraph 4 is replaced by the following:

‘4.

Save where Rule 69 otherwise provides or allows, all observations filed by the parties shall be sent to the other party concerned.’;

(c)

paragraph 5 is replaced by the following:

‘5.

In the case of an application for revocation based on Article 50(1)(a) of the Regulation, the Office shall invite the proprietor of the Community trade mark to furnish proof of genuine use of the mark, within such period as it may specify. If the proof is not provided within the time limit set, the Community trade mark shall be revoked. Rule 22(2), (3) and (4) shall apply mutatis mutandis.’;

(d)

a new paragraph 6 is added:

‘6.

If the applicant has to furnish proof of use or proof that there are proper reasons for non-use under Article 56(2) or (3) of the Regulation, the Office shall invite the applicant to furnish proof of genuine use of the mark, within such period as it may specify. If the proof is not provided within the time limit set, the application for declaration of invalidity shall be rejected. Rule 22(2), (3) and (4) shall apply mutatis mutandis.’;

28.

Rules 44 and 45 are replaced by the following:

‘Rule 44

Application for conversion

1.

An application for conversion of a Community trade mark application or a registered Community trade mark into a national trade mark application pursuant to Article 108 of the Regulation shall contain:

(a)

the name and the address of the applicant for conversion in accordance with Rule 1(1)(b);

(b)

the filing number of the Community trade mark application or the registration number of the Community trade mark;

(c)

the indication of the ground for conversion in accordance with Article 108(1)(a) or (b) of the Regulation;

(d)

the specification of the Member State or the Member States in respect of which conversion is requested;

(e)

where the request does not relate to all of the goods and services for which the application has been filed or for which the trade mark has been registered, the application shall contain an indication of the goods and services for which conversion is requested, and, where conversion is requested in respect of more than one Member State and the list of goods and services is not the same for all Member States, an indication of the respective goods and services for each Member State;

(f)

where conversion is requested pursuant to Article 108(6) of the Regulation, the application shall contain the indication of the date on which the decision of the national court has become final, and a copy of that decision; that copy may be submitted in the language in which the decision was given.

2.

The application for conversion shall be filed within the relevant period pursuant to Article 108(4), (5) or (6) of the Regulation. Where conversion is requested following a failure to renew the registration, the period of three months provided for in Article 108(5) of the Regulation shall begin to run on the day following the last day on which the request for renewal can be presented pursuant to Article 47(3) of the Regulation.

Rule 45

Examination of application for conversion

1.

Where the application for conversion does not comply with the requirements of Article 108(1) or (2) of the Regulation or has not been filed within the relevant period of three months or does not comply with Rule 44 or other Rules, the Office shall notify the applicant accordingly and specify a period within which he may amend the application or furnish any missing information or indications.

2.

Where the conversion fee has not been paid within the relevant period of three months, the Office shall inform the applicant that the application for conversion is deemed not to have been filed.

3.

Where the missing indications have not been furnished within the period specified by the Office, the Office shall reject the application for conversion.

Where Article 108(2) of the Regulation applies, the Office shall reject the application for conversion as inadmissible only with respect to those Member States for which conversion is excluded under that provision.

4.

If the Office or a Community trade mark court has refused the Community trade mark application or has declared the Community trade mark invalid on absolute grounds by reference to the language of a Member State, conversion shall be excluded under Article 108(2) of the Regulation for all the Member States in which that language is one of the official languages. If the Office or a Community trade mark court has refused the Community trade mark application or has declared the Community trade mark invalid on absolute grounds which are found to apply in the whole Community or on account of an earlier Community trade mark or other Community industrial property right, conversion is excluded under Article 108(2) of the Regulation for all Member States.’;

29.

Rule 47 is replaced by the following:

‘Rule 47

Transmission to central industrial property offices of the Member States

Where the application for conversion complies with the requirements of the Regulation and these Rules, the Office shall transmit the application for conversion and the data referred to in Rule 84(2), to the central industrial property offices of the Member States, including the Benelux Trade Mark Office, for which the application has been found admissible. The Office shall inform the applicant of the date of transmission.’;

30.

In Rule 50(1) the following is added:

‘In particular, when the appeal is directed against a decision taken in opposition proceedings, Article 78a of the Regulation shall not be applicable to the time limits fixed pursuant to Article 61(2) of the Regulation.

Where the appeal is directed against a decision of an Opposition Division, the Board shall limit its examination of the appeal to facts and evidence presented within the time limits set in or specified by the Opposition Division in accordance with the Regulation and these Rules, unless the Board considers that additional or supplementary facts and evidence should be taken into account pursuant to Article 74(2) of the Regulation.’;

31.

Rule 51 is replaced by the following:

‘Rule 51

Reimbursement of appeal fees

The appeal fee shall only be reimbursed by order of either of the following:

(a)

the department whose decision has been impugned, where it grants revision pursuant to Article 60(1) or Article 60a of the Regulation;

(b)

the Board of Appeal, where it allows the appeal and considers such reimbursement equitable by reason of a substantial procedural violation.’;

32.

Rule 53 is replaced by the following:

‘Rule 53

Correction of errors in decisions

Where the Office becomes aware, of its own motion or at the instance of a party to the proceedings, of a linguistic error, error of transcription or obvious mistake in a decision, it shall ensure that error or mistake is corrected by the department or division responsible.’

33.

The following Rule 53a is inserted:

‘Rule 53a

Revocation of a decision or entry in the Register

1.

Where the Office finds of its own motion or pursuant to corresponding information by the parties to the proceedings that a decision or entry in the Register is subject to revocation pursuant to Article 77a of the Regulation, it shall inform the party affected about the intended revocation.

2.

The affected party may submit observations on the intended revocation within a period specified by the Office.

3.

Where the affected party agrees to the intended revocation or where he does not submit any observations within the period, the Office shall revoke the decision or entry. If the affected party does not agree to the revocation, the Office shall take a decision on the revocation.

4.

Paragraphs 1, 2 and 3 shall apply mutatis mutandis if the revocation is likely to affect more than one party. In these cases the observations submitted by one of the parties pursuant to paragraph 3 shall always be communicated to the other party or parties with an invitation to submit observations.

5.

Where the revocation of a decision or an entry in the Register affects a decision or entry that has been published, the revocation shall also be published.

6.

Competence for revocation under paragraphs 1 to 4 shall lie with the department or unit which took the decision.’;

34.

Rule 59(4) is replaced by the following:

‘4.

The amounts and the advances for expenses to be paid pursuant to paragraphs 1, 2 and 3 shall be determined by the President of the Office and shall be published in the Official Journal of the Office. The amounts shall be calculated on the same basis as laid in the Staff Regulations of the Officials of the European Communities and Annex VII thereto.’;

35.

Rule 60 is replaced by the following:

‘Rule 60

Minutes of oral proceedings

1.

Minutes of oral proceedings or the taking of evidence shall be drawn up, containing:

(a)

the date of the proceedings;

(b)

the names of the competent officials of the Office, the parties, their representatives, and of the witnesses and experts who are present;

(c)

the applications and requests made by the parties;

(d)

the means of giving or obtaining evidence;

(e)

where applicable, the orders or the decision issued by the Office.

2.

The minutes shall become part of the file of the relevant Community trade mark application or registration. The parties shall be provided with a copy of the minutes.

3.

Where witnesses, experts or parties are heard in accordance with Article 76(1)(a) or (d) of the Regulation or Rule 59(2), their statements shall be recorded.’;

36.

Rule 61 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.

In proceedings before the Office, notifications to be made by the Office shall take the form of transmitting the original document, an uncertified copy thereof or a computer print-out in accordance with Rule 55, or, as concerns documents emanating from the parties themselves, duplicates or uncertified copies.’;

(b)

the following paragraph 3 is added:

‘3.

Where the addressee has indicated his telecopier number or contact details for communicating with him through other technical means, the Office shall have the choice between any of these means of notification and notification by post.’;

37.

Rule 62 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.

Decisions subject to a time limit for appeal, summonses and other documents as determined by the President of the Office shall be notified by registered letter with advice of delivery. All other notifications shall be by ordinary mail.’;

(b)

the second sentence of paragraph 2 is deleted;

(c)

paragraph 5 is replaced by the following:

‘5.

Notification by ordinary mail shall be deemed to have been effected on the tenth day following that of its posting.’;

38.

In Rule 65(1), the second sentence is replaced by the following:

‘Notification shall be deemed to have been taken place on the date on which the communication was received by the telecopying device of the recipient.’;

39.

Rule 66(1) is replaced by the following:

‘1.

If the address of the addressee cannot be established or if after at least one attempt, notification in accordance with Rule 62 has proved impossible, notification shall be effected by public notice.’;

40.

Rule 72(2) is replaced by the following:

‘2.

If a time limit expires on a day on which there is a general interruption in the delivery of mail in the Member State where the Office is located, or, if and to the extent that the President of the Office has allowed communications to be sent by electronic means pursuant to Rule 82, on which there is an actual interruption of the Offices connection to these electronic means of communication, the time limit shall extend until the first day following that interruption on which the Office is open for the receipt of documents and on which ordinary mail is delivered. The duration of the period of interruption shall be determined by the President of the Office.’;

41.

Rule 72(4) is replaced by the following:

‘4.

If an exceptional occurrence such as a natural disaster or strike interrupts or dislocates proper communication from the parties to the proceedings to the Office or vice versa, the President of the Office may determine that for parties of the proceedings having their residence or registered office in the State concerned or who have appointed a representative with a place of business in the State concerned, all time limits that otherwise would expire on or after the date of commencement of such occurrence, as determined by him, shall extend until a date to be determined by him. If the occurrence affects the seat of the Office, such determination of the President shall specify that it applies in respect of all parties to the proceedings.’;

42.

Rule 76 is amended as follows:

(a)

paragraphs 1 to 4 are replaced by the following:

‘1.

Legal practitioners and professional representatives entered on the list maintained by the Office pursuant to Article 89(2) of the Regulation shall file with the Office a signed authorisation for insertion in the files only if the Office expressly requires it, or where there are several parties to the proceedings in which the representative acts before the Office, if the other party expressly asks for it.

2.

Employees acting on behalf of natural or legal persons pursuant to Article 88(3) of the Regulation shall file with the Office a signed authorisation for insertion in the files.

3.

The authorisation may be filed in any official language of the Community. It may cover one or more applications or registered trade marks or may be in the form of a general authorisation authorisingauthorising the representative to act in respect of all proceedings before the Office to which the person giving the authorisation is a party.

4.

Where it is required, pursuant to paragraphs 1 or 2, that a signed authorisation be filed, the Office shall specify a time limit within which such authorisation shall be filed. If the authorisation is not filed in due time, proceedings shall be continued with the represented person. Any procedural steps other than the filing of the application taken by the representative shall be deemed not to have been taken if the represented person does not approve them within a period specified by the Office. The application of Article 88(2) of the Regulation shall remain unaffected.’;

(b)

paragraphs 8 and 9 are replaced by the following:

‘8.

Where the appointment of a representative is communicated to the Office, the name and the business address of the representative shall be indicated in accordance with Rule 1(1)(e). Where a representative acts before the Office who has already been appointed, he shall indicate his name and preferably the identification number attributed to him by the Office. Where several representatives are appointed by the same party, they may, notwithstanding any provisions to the contrary in their authorisations, act either jointly or singly.

9.

The appointment or authorisation of an association of representatives shall be deemed to be an appointment or authorisation of any representative who practices within that association.’;

43.

Rule 79 is amended as follows:

(a)

points (a) and (b) are replaced by the following:

‘(a)

by submitting a signed original of the document in question at the Office, such as by post, personal delivery, or by any other means;

(b)

by transmitting a document by telecopier in accordance with Rule 80;’

(b)

point (c) is deleted;

44.

The following Rule 79a is inserted:

‘Rule 79a

Annexes to written communications

Where a document or an item of evidence is submitted in accordance with Rule 79 point (a) by a party in a proceeding before the Office involving more than one party to the proceedings, the document or item of evidence, as well as any annex to the document, shall be submitted in as many copies as the number of parties to the proceedings.’

45.

Rule 80 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.

Where an application for a Community trade mark is submitted to the Office by telecopier and the application contains a reproduction of the mark pursuant to Rule 3(2) which does not satisfy the requirements of that Rule, the required reproduction suitable for publication shall be submitted to the Office in accordance with Rule 79(a). Where the reproduction is received by the Office within a period of one month from the date of receipt of the telecopy, the reproduction shall be deemed to have been received by the Office on the date on which the telecopy was received.’;

(b)

in paragraph 3, the following sentence is added:

‘Where the communication has been sent by telecopier electronically, the indication of the name of the sender shall be equivalent to the signature.’;

(c)

paragraph 4 is deleted;

46.

Rule 81 is deleted;

47.

Rule 82 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.

The President of the Office shall determine whether, to what extent and under what technical conditions communications may be sent to the Office by electronic means.’;

(b)

paragraph 4 is deleted;

48.

Rule 83 is replaced by the following:

‘Rule 83

Forms

1.

The Office shall make available to the public free of charge forms for the purposes of:

(a)

filing an application for a Community trade mark, including where appropriate a request for the search report;

(b)

entering an opposition;

(c)

applying for revocation or declaration of invalidity;

(d)

applying for the registration of a transfer and the transfer form and transfer document provided for in Rule 31(5);

(e)

applying for the registration of a licence;

(f)

applying for the renewal of a Community trade mark;

(g)

making an appeal;

(h)

authorising a representative, in the form of an individual authorisation or a general authorisation;

(i)

submitting an international application or a subsequent designation under the Madrid Protocol to the Office.

2.

Parties to the proceedings before the Office may also use

(a)

forms established under the Trademark Law Treaty or pursuant to recommendations of the Assembly of the Paris Union for the Protection of Industrial Property;

(b)

with the exception of the form referred to in point (i) of paragraph 1, forms with the same content and format.

3.

The Office shall make available the forms referred to in paragraph 1 in all the official languages for the Community.’;

49.

Rule 84 is amended as follows:

(a)

in Paragraph 2 point (d) is replaced by the following:

‘(d)

the name and address of the applicant;’

(b)

paragraph 3 is amended as follows:

(i)

point (i) is replaced by the following:

‘(i)

levy of execution pursuant to Article 20 of the Regulation and insolvency proceedings pursuant to Article 21 of the Regulation;’

(ii)

the following points (w) and (x) are added:

‘(w)

the division of a registration pursuant to Article 48a of the Regulation and Rule 25a, together with the items referred to in paragraph 2 in respect of the divisional registration, as well as the list of goods and services of the original registration as amended;

(x)

the revocation of a decision or an entry in the Register pursuant to Article 77a of the Regulation, where the revocation concerns a decision or entry which has been published.’;

50.

Rule 85(1) is replaced by the following:

‘1.

The Community Trade Marks Bulletin shall be published in the manner and frequency determined by the President of the Office.’;

51.

Rule 89(1) and (2) is replaced by the following:

‘1.

Inspection of the files of Community trade mark applications and of registered Community trade marks shall either be of the original document, or of copies thereof, or of technical means of storage if the files are stored in this way. The means of inspection shall be determined by the President of the Office.

Where inspection takes place as provided for in paragraphs 3, 4 and 5, the request for inspection of the files shall not be deemed to have been made until the required fee has been paid. No fee is payable if inspection of technical means of storage takes place online.

2.

Where inspection of the files of a Community trade mark application which has not yet been published pursuant to Article 40 of the Regulation is requested, the request shall contain an indication and evidence to the effect that the applicant has consented to the inspection or has stated that after the trade mark has been registered he will invoke the rights under it against the party requesting the inspection.’;

52.

Rule 91 is replaced by the following:

‘Rule 91

Keeping of files

1.

The President of the Office shall determine the form in which the files shall be kept.

2.

Where files are kept electronically, these electronic files, or back-up copies thereof, shall be kept without time limitation. The original documents filed by parties to the proceedings which form the basis of such electronic files shall be disposed of after a period following their reception by the Office, which shall be determined by the President of the Office.

3.

Where and to the extent that files or parts of the files are kept in any other form than electronically, documents or items of evidence constituting part of such files shall be kept for at least five years from the end of the year in which any of the following occurrences takes place:

(a)

the application is rejected or withdrawn or is deemed to be withdrawn;

(b)

the registration of the Community trade mark expires completely pursuant to Article 47 of the Regulation;

(c)

the complete surrender of the Community trade mark is registered pursuant to Article 49 of the Regulation;

(d)

the Community trade mark is completely removed from the Register pursuant to Article 56(6) or Article 96(6) of the Regulation.’;

53.

Rule 94 is amended as follows:

(a)

paragraph 3 is replaced by the following:

‘3.

Where the amount of the costs has not been fixed pursuant to Article 81(6), first sentence, of the Regulation, the request for the fixing of costs shall be accompanied by a bill and supporting evidence. For the costs of representation referred to in paragraph 7(d) of this Rule, an assurance by the representative that the costs have been incurred shall be sufficient. For other costs, it shall be sufficient if their plausibility is established. Where the amount of the costs is fixed pursuant to Article 81(6), first sentence, of the Regulation, representation costs shall be awarded at the level laid down in paragraph 7(d) of this Rule and irrespective of whether they have been actually incurred.’;

(b)

in paragraph 4, the words ‘the second sentence of Article 81(6)’ are replaced by ‘the third sentence of Article 81(6)’;.

(c)

paragraph 7 is replaced by the following:

‘7.

Subject to paragraph 3 of this Rule, costs essential to the proceedings and actually incurred by the successful party shall be borne by the losing party in accordance with Article 81(1) of the Regulation on the basis of the following maximum rates:

(a)

where the party is not represented by a representative, travel and subsistence expenses of one party for one person for the outward and return journey between the place of residence or the place of business and the place where oral proceedings are held pursuant to Rule 56, as follows:

(i)

the cost of the first-class rail-fare including usual transport supplements where the total distance by rail does not exceed 800 km;

(ii)

the cost of the tourist-class air-fare where the total distance by rail exceeds 800 km or the route includes a sea-crossing;

(iii)

subsistence expenses as laid down in Article 13 of Annex VII to the Staff Regulations of Officials of the European Communities;

(b)

travel expenses of representatives within the meaning of Article 89(1) of the Regulation, at the rates provided for in point (a)(i) and (ii) of this Rule;

(c)

travel expenses, subsistence expenses, compensation for loss of earnings and fees to which witnesses and experts are entitled to be reimbursed pursuant to Rule 59(2), (3) or (4), to the extent that final liability lies with a party to the proceedings pursuant to Rule 59(5)(b);

(d)

cost of representation, within the meaning of Article 89(1) of the Regulation,

(i)

of the opposing party in opposition proceedings:

 

EUR 300;

(ii)

of the applicant in opposition proceedings:

 

EUR 300;

(iii)

of the applicant in proceedings relating to revocation or invalidity of a Community trade mark:

 

EUR 450;

(iv)

of the proprietor of the trade mark in proceedings relating to revocation or invalidity of a Community trade mark:

 

EUR 450;

(v)

of the appellant in appeal proceedings:

 

EUR 550;

(vi)

of the defendant in appeal proceedings:

 

EUR 550;

(vii)

where an oral proceedings have taken place to which the parties have been summoned pursuant to Rule 56, the amount referred to in the points (i) to (vi) shall be incremented by EUR 400;

(e)

where there are several applicants or proprietors of the Community trade mark application or registration or where there are several opposing parties or applicants for revocation or declaration of invalidity who have filed the opposition or application for revocation or declaration of invalidity jointly, the losing party shall bear the costs referred to in point (a) for one such person only;

(f)

where the successful party is represented by more than one representative within the meaning of Article 89(1) of the Regulation, the losing party shall bear the costs referred to in points (b) and (d) of this Rule for one such person only;

(g)

the losing party shall not be obliged to reimburse the successful party for any costs, expenses and fees other than those referred to in points (a) to (f).’;

54.

Rule 98 is replaced by the following:

‘Rule 98

Translations

1.

When a translation of a document is to be filed, the translation shall identify the document to which it refers and reproduce the structure and contents of the original document. The Office may require the filing, within a period to be specified by it, of a certificate that the translation corresponds to the original text. The President of the Office shall determine the manner in which translations shall be certified.

2.

Save where the Regulation or these Rules provide otherwise, a document for which a translation is to be filed shall be deemed not to have been received by the Office

(a)

where the translation is received by the Office after expiry of the relevant period for submitting the original document or the translation;

(b)

in the case of paragraph 1, where the certificate is not filed within the period specified.’;

55.

Rule 100 is replaced by the following:

‘Rule 100

Decisions taken by a single member

The cases in which pursuant to Article 127(2), or Article 129(2), of the Regulation a single member of the Opposition Division or of the Cancellation Division may take a decision shall be the following:

(a)

decisions on the apportionment of costs;

(b)

decisions to fix the amount of the costs to be paid pursuant to Article 81(6), first sentence, of the Regulation;

(c)

decisions to close the file or not to proceed to judgment;

(d)

decisions to reject an opposition as inadmissible before expiry of the period referred to in Rule 18(1);

(e)

decisions to stay proceedings;

(f)

decisions to join or separate multiple oppositions pursuant to Rule 21(1).’;

56.

Paragraphs 1, 2 and 3 of Rule 101 are replaced by the following:

‘1.

If necessary, the President of the Office shall request the Commission to enquire whether a State which is not party to the Paris Convention or to the Agreement establishing the World Trade Organization accords reciprocal treatment within the meaning of Article 29(5) of the Regulation.

2.

If the Commission determines that reciprocal treatment in accordance with paragraph 1 is accorded, it shall publish a communication to this effect in the Official Journal of the European Union.

3.

Article 29(5) of the Regulation shall apply from the date of publication in the Official Journal of the European Union of the communication referred to in paragraph 2, unless the communication states an earlier date from which it is applicable. It shall cease to apply from the date of publication in the Official Journal of the European Union of a communication of the Commission to the effect that reciprocal treatment is no longer accorded, unless the communication states an earlier date from which it is applicable.’;

57.

Rule 114 is amended as follows:

(a)

in paragraph 1 point (d) is replaced by the following:

‘(d)

the indications and elements referred to in Rule 15(2)(b) to (h).’;

(b)

in paragraph 2, the introductory phrase is replaced by the following:

‘Rules 15(1), (3) and (4) and 16 to 22 shall apply, subject to the following:’;

58.

Point (c) of Rule 122(1) is replaced by the following:

‘(c)

the indications and elements referred to in Rule 44(1)(a), (c), (d), (e) and (f)’.

Article 2

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

2.   In Article 1 point (1)(d), point (3), point (4) and point (7) shall apply from 10 March 2008, as shall the second part, commencing with the word ‘including’, of point (a) of Rule 83(1), set out at point 48 of Article 1 of this Regulation.

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

Done at Brussels, 29 June 2005.

For the Commission

Charlie McCREEVY

Member of the Commission


(1)  OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) No 422/2004 (OJ L 70, 9.3.2004, p. 1).

(2)  OJ L 303, 15.12.1995, p. 1. Regulation as amended by Regulation (EC) No 782/2004 (OJ L 123, 27.4.2004, p. 88).

(3)  OJ L 208, 24.7.1992, p. 1.’;


5.7.2005   

EN

Official Journal of the European Union

L 172/22


COMMISSION REGULATION (EC) No 1042/2005

of 29 June 2005

amending Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs)

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (1), and in particular Article 139 thereof,

Whereas:

(1)

According to the Regulation (EC) No 40/94, as implemented by Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (2), additional fees concerning search reports, division of a trade mark application or registration and continuation of proceedings should be established. The amounts of those new fees should be fixed.

(2)

The search regime becomes optional from 10 March 2008 as provided for in Article 2 paragraph 2 of Council Regulation (EC) No 422/2004. From that date, the additional fee for national search reports should apply.

(3)

Commission Regulation (EC) No 2869/95 (3) should therefore be amended accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on Fees, Implementation Rules and the Procedure of the Boards of Appeal of the Office for Harmonization in the Internal Market (trade marks and designs),

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2869/95 is amended as follows:

1.

the table in Article 2 is amended as follows:

(a)

the following point 1a is added:

‘1a.

Search fee

(a)

for a Community trade mark application (Article 39(2), Rule 4(c)

(b)

for an international registration designating the European Community (Articles 39(2) and 150(2), Rule 10(2)

The amount of EUR 12 multiplied by the number of central industrial property offices referred to in paragraph 2 of Article 39 of the Regulation; that amount, and the subsequent changes, shall be published by the Office in the Official Journal of the Office’

(b)

point 6 is deleted;

(c)

in point 13 ‘Fee for each class of goods and services exceeding three for an individual mark’ is replaced by ‘Fee for the renewal of each class of goods and services exceeding three for an individual mark’;

(d)

in point 15 ‘Fee for each class of goods and services exceeding three for a collective mark’ is replaced by ‘Fee for the renewal of each class of goods and services exceeding three for a collective mark’;

(e)

in point 19 ‘Fee for restitutio in integrum’ is replaced by ‘Fee for the application for restitutio in integrum’;

(f)

in point 20 ‘Fee for the conversion’ is replaced by ‘Fee for the application for the conversion’;

(g)

points 21 and 22 are replaced by the following:

‘21.

Fee for continuation of proceedings (Article 78a (1))

400

22.

Fee for the declaration of division of a registered Community trade mark (Article 48a(4)) or an application for a Community trade mark (Article 44a(4)):

250’

(h)

in point 23 the introductory phrase is replaced by: ‘Fee for the application for the registration of a license or another right in respect of a registered Community trade mark (point 5 of Article 157(2), Rule 33(1)) or an application for a Community trade mark (point 6 of Article 157(2), Rule 33(4):’;

(i)

in point 29, the following line is deleted:

‘plus per page, exceeding 10

1’

2.

in article 13, paragraph 3 is replaced by the following:

‘3.   The refund shall be made once the communication to the International Bureau pursuant to Rule 113(2)(b) and (c) or Rule 115(5)(b), (c) and (6) of Regulation (EC) No 2868/95 has been issued’.

Article 2

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

2.   Point (a) of Article 1(1) shall apply from 10 March 2008.

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

Done at Brussels, 29 June 2005.

For the Commission

Charlie McCREEVY

Member of the Commission


(1)  OJ L 11, 14.1.1994, p. 1. Regulation as last amended by Regulation (EC) No 422/2004 (OJ L 70, 9.3.2004, p. 1).

(2)  OJ L 303, 15.12.1995, p. 1. Regulation as amended by Regulation (EC) No 782/2004 (OJ L 123, 27.4.2004, p. 88).

(3)  OJ L 303, 15.12.1995, p. 33. Regulation as amended by Regulation (EC) No 781/2004 (OJ L 123, 27.4.2004, p. 85).


5.7.2005   

EN

Official Journal of the European Union

L 172/24


COMMISSION REGULATION (EC) No 1043/2005

of 30 June 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 I 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:

(1)

Commission Regulation (EEC) No 3615/92 of 15 December 1992 on the determination of the quantities of agricultural products to be taken into account for the calculation of refunds payable in the case of the export of goods referred to in Council Regulation (EEC) No 3035/80 (2), Commission Regulation (EC) No 3223/93 of 25 November 1993 on statistical information relating to the payment of export refunds on certain agricultural products exported in the form of goods covered by Council Regulation (EEC) No 3035/80 (3) and Commission Regulation (EC) No 1520/2000 of 13 July 2000 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 I to the Treaty, and the criteria for fixing the amounts of such refunds (4), all relate to the export of certain agricultural products in the form of goods not covered by Annex I to the Treaty. Most of those regulations have been substantially amended several times. It is necessary to amend all of those regulations, and in the interests of clarity, simplification and administrative efficiency it is appropriate that they be replaced by a single regulation.

(2)

Council Regulations (EEC) No 2771/75 (5) and (EC) Nos 1255/1999 (6), 1260/2001 (7), 1784/2003 (8) and 1785/2003 (9) on the common organisation of the markets in eggs, milk and milk products, sugar, cereals and rice 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 I 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. The granting of refunds on all those agricultural products exported in the form of goods not covered by Annex I to the Treaty should be subject to common rules.

(3)

Export refunds should be paid for goods which are obtained directly from basic products, from products obtained from the processing of basic products and from products assimilated to either of these categories. The method for determining the amount of the export refund in each of those cases should be established.

(4)

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

(5)

Commission Regulation (EC) No 800/1999 (10) laid down common rules for the application of the system of export refunds on agricultural products. However, the manner in which those rules are to be applied to goods not covered by Annex I to the Treaty needs to be clarified.

(6)

Respect of the international commitments entered into by the Community implies that refunds granted on exports of agricultural products incorporated in goods not covered by Annex I to the Treaty may not exceed the refunds that would be payable on those products when exported in the unaltered state. Account should be taken of this when rates of refund are fixed and assimilation rules drawn up.

(7)

Commission Regulation (EEC) No 2825/93 of 15 October 1993 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (11) provides that the rate of the export refund is to be that applicable on the day on which the cereals are placed under control for the manufacture of spirit drinks. Therefore, the placing of cereals under customs control for the production of the spirit drinks referred to in Article 2 of Regulation (EEC) No 2825/93 should be deemed equivalent to export for the purpose of granting of export refunds.

(8)

Spirit drinks are considered less sensitive than other goods to the price of the agricultural products used in their manufacture. However, Protocol 19 of the Act of Accession of the United Kingdom, Ireland and Denmark provides that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirit drinks obtained from cereals.

(9)

Potato starch should be assimilated to maize starch for the purposes of determining export refunds. However, it should be possible to fix a specific refund rate for potato starch in market situations where its price is significantly lower than that of maize starch.

(10)

In order to qualify for a refund the agricultural products used and in particular the goods manufactured from such products must be exported. Any exception to that rule should be interpreted restrictively. However, during the process of manufacturing the goods, producers may incur losses of raw materials for which Community prices have nevertheless been paid while the losses incurred by producers established outside the Community are limited to world market prices. In addition, in the process of manufacturing certain goods by-products are obtained which differ markedly in value from the principal products. In some instances these by-products can be used only as animal feed. Therefore, it is necessary to lay down common rules for determining the concept of the quantity of products actually used in the process of manufacturing the exported goods.

(11)

Many goods manufactured by an undertaking under clearly defined technical conditions and having constant characteristics and quality follow a regular export pattern. To ease export formalities, a simplified procedure should be adopted for such goods whereby the manufacturer communicates to the competent authorities such information as the latter consider necessary concerning the conditions of manufacture of the goods. Where the quantities of agricultural products actually used in the manufacture of the exported goods are registered with the competent authorities, provision should be made for annual confirmation of such registration in order to reduce the risks associated with failure to communicate changes in those quantities.

(12)

Many agricultural products are subject to natural and seasonal variability. The agricultural product content of exported goods may consequently vary. The amount of the refund should therefore be determined on the basis of the quantities of agricultural products actually used in the manufacture of the exported goods. 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.

(13)

When fixing the rate of refund for basic products or assimilated products, account should be taken of production refunds, aids or other measures having similar effect which are applicable, in accordance with the relevant regulation on the common organisation of the market in the product.

(14)

Certain goods having similar characteristics may have been obtained by various techniques from different base materials. Exporters should be required to identify the nature of the base materials and to make certain declarations in respect of the manufacturing process where such information is necessary to determine entitlement to a refund or the appropriate refund rate to apply.

(15)

It is appropriate when calculating the quantities of agricultural products actually used to have regard to the dry matter content in the case of starches, and certain glucose and maltodextrin syrups.

(16)

Where the world trade situation, the specific requirements of certain markets or international trade agreements so require, it should be possible to differentiate the refund on certain goods according to destination.

(17)

Management of the amounts of refunds which may be granted during a budget year on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty may result in a need to fix different rates for exports with or without advance fixing of the rate of refund on the basis of developments on Community and world markets.

(18)

The amount of refunds that may be granted in any budget year is limited in accordance with the international commitments entered into by the Community. It should be made possible to export goods not covered by Annex I to the Treaty under conditions which are known in advance. In particular, it should be possible to obtain an assurance that such exports are eligible for a refund compatible with the Community's commitments. Where that is no longer the case, exporters should be informed sufficiently in advance. The issue of refund certificates makes it possible to follow up on refund applications and guarantee to their holders that they will be able to benefit from a refund up to the amount for which the certificate is issued, provided that they meet with the other conditions for refund laid down by Community rules. Management measures should be laid down for the system of refund certificates. In particular, provision should be made for a reduction coefficient to be applied where applications for refund certificates exceed available amounts. In certain circumstances provision should be made for the issue of refund certificates to be suspended.

(19)

Refund certificates serve to ensure compliance with the international commitments entered into by the Community. They also make it possible to determine in advance the refund which can be granted on agricultural products used in the manufacture of goods exported to third countries. This purpose differs, in some respects, from the objectives of export licences issued for basic products exported in the unaltered state which are subject to international commitments involving quantitative restrictions. It is therefore necessary to specify which general provisions applicable to agricultural licences and certificates, currently laid down by Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (12), should not apply in respect of refund certificates.

(20)

Furthermore, it is necessary to specify how certain provisions of Regulation (EC) No 1291/2000 relating to certificates fixing the export refund in advance applied for in connection with an invitation to tender issued in an importing third country should apply to refund certificates. For the most part refund rates are be fixed or modified on Thursdays. In order to reduce the risk of applications for advance fixing in respect of products being lodged for speculative reasons, where an application for advance fixing is lodged on a Thursday, the application should be deemed to have been submitted on the following working day.

(21)

The conditions for the release of the security pertaining to certificates subject to Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (13), should be laid down. The obligations which are considered as primary requirements and against which security is lodged should be specified together with the evidence to be furnished in fulfilment of the obligations and upon which the relevant security may be released.

(22)

It is highly likely that certificate applications will be received for greater amounts than can be granted. The budget year should therefore be divided into periods so that certificates can be made available both to operators who export at the end of the budget year and to those who export at the beginning of the budget year. Where appropriate, a reduction coefficient should be applied to all amounts requested during a particular period.

(23)

Certain types of exports are not subject to limits on the payment of refunds as a result of international commitments entered into by the Community. Such exports should be free from any obligation to present a refund certificate.

(24)

Most exporters receive less than EUR 75 000 a year in refunds. Taken together, these exports account for only a small part of the total amount of refunds granted on agricultural products exported in the form of goods not covered by Annex I to the Treaty. It should be possible to exempt such exports from the requirement to present a certificate. However, in order to prevent exploitation it is necessary to limit application of this exemption to the Member State in which the exporter is established.

(25)

Monitoring arrangements should be established, based on the principle that the exporter should declare to the competent authorities, each time goods are exported, the quantities of products used to manufacture the exported goods. The competent authorities should take any measure they consider necessary to verify the accuracy of such declarations.

(26)

The authorities responsible for checking the exporter’s declaration may not possess sufficient evidence to enable them to accept the declaration of the quantities used, even if it is based on a chemical analysis. Such situations are particularly likely to arise when the goods to be exported have been manufactured in a Member State other than the exporting Member State. 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 the latter authorities are able to obtain concerning the conditions of manufacture of the goods.

(27)

In consultation with the competent authorities of the Member State in which the goods are manufactured, operators should be permitted to make a simplified declaration of the products used, in the form of aggregated quantities of those products, provided they keep a detailed record of the products used and make it available to the said authorities.

(28)

It is not always possible for the exporter to know the precise quantities of agricultural products used in respect of which he can claim a refund, particularly if he is not the manufacturer. Therefore, the exporter is not always able to declare such quantities. It is therefore necessary to provide an alternative method for calculating the refund which the person concerned may ask to be applied, restricted to certain goods, based on the chemical analysis of those goods, and using a table drawn up for that purpose.

(29)

Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs (14), provides that butter and cream may made available at reduced prices to industries which manufacture certain goods. This should be taken into account when refunds are calculated on the basis of chemical analysis.

(30)

Article 21 of Regulation (EC) No 800/1999 provides that no refund is to be granted on products that are not of sound and fair marketable quality on the day of acceptance of the export declaration. In order to ensure that this rule is uniformly applied it should be clarified that for a refund to be granted on the products that are indicated in Article 1 of Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (15), or Article 1 of Council Directive 89/437/EEC of 20 June 1989 on hygiene and health problems affecting the production and the placing on the market of egg products (16), and appear in Annex II to this Regulation, the products concerned must be prepared in accordance with the requirements of those Directives and carry the required health mark.

(31)

Article 31(10) of Regulation (EC) No 1255/1999 when read in conjunction with Article 31(12) thereof, limits the requirement that milk products on which an export refund is paid, must be of Community origin to certain goods having a high milk content. Measures should therefore be introduced for implementing and monitoring that requirement.

(32)

Article 28 of Regulation (EC) No 800/1999 limits the period during which basic agricultural products or goods may remain under prefinancing of the refund arrangements to the unexpired term of the export licence. However, refund certificates issued towards the end of the budget period have a shorter validity period, which cannot, due to the international commitments of the Community, extend beyond 30 September. In order to ensure sufficient flexibility to enable exporters to make full use of those short duration refund certificates, specific provisions should be laid down in respect of those certificates in so far as they limit the period during which basic agricultural products or goods may remain under prefinancing of the refund arrangements to the unexpired term of the export licence.

(33)

It is appropriate to ensure the uniform application throughout the Community of the provisions on the granting of refunds on goods not covered by Annex I to the Treaty. To that end, each Member State should inform the other Member States, via the Commission, of the monitoring arrangements applied in its territory to the various types of exported goods.

(34)

It is essential to enable the Commission to monitor satisfactorily measures adopted concerning export refunds granted. Therefore, the Commission should have at its disposal certain statistical information, which should be transmitted to it by the competent authorities of the Member States. The format and scope of that information should be specified.

(35)

Adequate time should be allowed for the transition from the administrative arrangements for refund certificates under Regulation (EC) No 1520/2000 to the administrative arrangements provided for in this Regulation. This Regulation should therefore apply to applications submitted from 8 July 2005 for certificates for use from 1 October 2005.

(36)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I to the Treaty,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT-MATTER AND DEFINITIONS

Article 1

1.   This Regulation lays down rules for the implementation of Regulation (EC) No 3448/93 as regards the system of granting export refunds established pursuant to Regulation (EEC) No 2771/75, Regulation (EC) No 1255/1999, Regulation (EC) No 1260/2001, Regulation (EC) No 1784/2003 and Regulation (EC) No 1785/2003.

It shall apply to exports of the basic products listed in Annex I to this Regulation, hereinafter ‘basic products’, of products derived from the processing thereof, or of products assimilated to one of those two categories in accordance with Article 3 of this Regulation, when those products are exported in the form of goods not covered by Annex I to the Treaty but listed in any of the following:

(a)

Annex I to Regulation (EEC) No 2771/75;

(b)

Annex II to Regulation (EC) No 1255/1999;

(c)

Annex V to Regulation (EC) No 1260/2001;

(d)

Annex III to Regulation (EC) No 1784/2003;

(e)

Annex IV to Regulation (EC) No 1785/2003.

Such goods, hereinafter ‘goods’, are listed in Annex II to this Regulation.

2.   The export refund referred to in paragraph 1 shall not be granted in respect of goods put into free circulation in accordance with Article 24 of the Treaty and re-exported.

No refund shall be granted in respect of such goods when they are exported after processing or when they are incorporated in other goods.

3.   Except in the case of cereals, no refund shall be granted on products used in the manufacture of alcohol contained in the spirituous beverages referred to in Annex II falling within CN code 2208.

Article 2

1.   For the purposes of this Regulation, the following definitions shall apply:

1.

‘budget period’ means the period from 1 October of one year to 30 September of the following year;

2.

‘budget year’ means the period from 16 October of one year to 15 October of the following year;

3.

‘food aid’ means food aid operations meeting the conditions laid down in Article 10(4) of the Agreement on Agriculture concluded during the Uruguay Round of multilateral trade negotiations, hereinafter ‘the Agreement’;

4.

‘residues’ means the products of the manufacturing process under consideration, of compositions distinctly different from the goods actually exported and which cannot be marketed;

5.

‘by-products’ means the products or goods obtained in the course of the manufacturing process under consideration, of compositions or characteristics distinct from the goods actually exported and which are capable of being marketed;

6.

‘losses’ means the quantities of products or goods resulting from the process of manufacture under consideration, from the stage at which agricultural products are used unprocessed in the manufacture, other than the quantities of goods which are actually exported, other than residues and by-products and which cannot be marketed.

2.   For the purposes of points 4, 5 and 6 of paragraph 1, the products obtained in the course of the manufacturing process under consideration, of composition distinct from the goods actually exported, sold against a payment representing exclusively the costs incurred for their disposal, shall not be considered as being marketed.

For the purposes of point 6 of paragraph 1, the products or goods resulting from the manufacturing process under consideration, and which can be disposed of, whether or not against payment, only as animal feeds, shall be assimilated to losses.

Article 3

1.   Potato starch falling within CN code 1108 13 00 directly produced from potatoes, excluding sub-products, shall be assimilated to a product derived from the processing of maize.

2.   Whey falling within CN codes 0404 10 48 to 0404 10 62 not concentrated, whether or not frozen, shall be assimilated to whey in powder as listed in Annex I, hereinafter ‘Product Group 1’;

3.   The following products shall be assimilated to milk in powder of a fat content not exceeding 1,5 % as listed in Annex I, hereinafter ‘Product Group 2’:

(a)

milk and milk products falling within CN codes 0403 10 11, 0403 90 51 and 0404 90 21, not concentrated nor containing added sugar or other sweetening matter, whether or not frozen, of a milk fat content, by weight, not exceeding 0,1 %;

(b)

milk and milk products falling within CN codes 0403 10 11, 0403 90 11 and 0404 90 21, in powder, granules or other solid forms, not containing added sugar or other sweetening matter, of a milk fat content, by weight, not exceeding 1,5 %.

4.   The following products shall be assimilated to milk in powder of a fat content of 26 % as listed in Annex I, hereinafter ‘Product Group 3’:

(a)

milk, cream and milk products falling within CN codes 0403 10 11, 0403 10 13, 0403 90 51, 0403 90 53, 0404 90 21 and 0404 90 23, not concentrated nor containing added sugar or other sweetening matter, whether or not frozen, of a milk fat content, by weight, exceeding 0,1 % but not exceeding 6 %;

(b)

milk, cream and milk products falling within CN codes 0403 10 11, 0403 10 13, 0403 10 19, 0403 90 13, 0403 90 19, 0404 90 23 and 0404 90 29 in powder, granules or other solid forms, not containing added sugar or other sweetening matter, of a milk fat content, by weight, exceeding 1,5 % but less than 45 %.

However, if the party so requests, the products referred to in points (a) and (b) of the first subparagraph may, with the agreement of the competent authority, be assimilated to:

(a)

Product Group 2, so far as the non-fat part of the dry matter content of the product is concerned;

(b)

butter as listed in Annex I, hereinafter ‘Product Group 6’, so far as the milk fat part of the product is concerned.

5.   The following products shall be assimilated to Product Group 6:

(a)

milk, cream and milk products falling within CN codes 0403 10 19, 0403 90 59, 0404 90 23 and 0404 90 29, not concentrated nor containing added sugar or other sweetening matter, of a milk fat content, by weight, exceeding 6 %;

(b)

milk, cream and milk products falling within CN codes 0403 10 19, 0403 90 19 and 0404 90 29, in powder, granules or other solid forms, not containing added sugar or other sweetening matter, of a milk fat content, by weight, of not less than 45 %;

(c)

butter and other milk fats with a milk fat content, by weight, other than 82 % but not less than 62 %, falling within CN codes 0405 10, 0405 20 90, 0405 90 10, 0405 90 90.

6.   Milk, cream and milk products falling within CN codes 0403 10 11 to 0403 10 19, 0403 90 51 to 0403 90 59 and 0404 90 21 to 0404 90 29, concentrated, other than in powder, granules or other solid forms, not containing added sugar or other sweetening matter, shall, so far as the non-fat part of the dry matter content of such a product is concerned, be assimilated to Product Group 2. So far as the milk fat part of such a product is concerned, it shall be assimilated to Product Group 6.

The first subparagraph shall also apply to cheese and curd.

7.   Husked rice falling within CN code 1006 20 and semi-milled rice falling within CN codes 1006 30 21 to 1006 30 48 shall be assimilated to wholly milled rice falling within CN codes 1006 30 61 to 1006 30 98.

8.   The following products shall, if they meet the conditions of eligibility for a refund laid down in Regulation (EC) No 1260/2001 and in Commission Regulation (EC) No 2135/95 (17) when exported unprocessed, be assimilated to white sugar falling within CN code 1701 99 10:

(a)

raw beet or cane sugar falling within CN code 1701 11 90 or CN code 1701 12 90 and containing, in the dry state, at least 92 % by weight of sucrose determined by the polarimetric method;

(b)

sugar falling within CN codes 1701 91 00 or 1701 99 90;

(c)

the products referred to in Article 1(1) (d) of Regulation (EC) No 1260/2001, excluding mixtures obtained partly using products covered by Regulation (EC) No 1784/2003;

(d)

the products referred to in Article 1(1)(f) and (g) of Regulation (EC) No 1260/2001, excluding mixtures obtained partly using products covered by Regulation (EC) No 1784/2003.

Article 4

Regulation (EC) No 800/1999 shall apply in addition to the provisions of this Regulation.

CHAPTER II

EXPORT REFUNDS

SECTION 1

Method of calculation

Article 5

1.   The amount of the refund granted for the quantity, determined in accordance with Section 2, of each of the basic products exported in the form of the same type of goods shall be obtained by multiplying that quantity by the rate of the refund on the basic product calculated per unit of weight in accordance with Section 3.

2.   Where, pursuant to Article 15(2), different refund rates are fixed for a particular basic product, a separate amount shall be calculated for each of the quantities of the basic product for which there is a different refund rate.

3.   Where goods are used in the manufacture of the goods exported, the refund rate to be used in calculating the amount applying to each of the basic products, to products derived from the processing thereof, or to products assimilated to one of those two categories in accordance with Article 3 which were used in the manufacture of the goods exported, shall be the rate applicable when the former goods are exported unprocessed.

SECTION 2

Reference quantity

Article 6

In respect of goods, the quantity of each of the basic products to serve as a basis for calculating the amount of the refund, hereinafter ‘the reference quantity’, shall be determined in accordance with Articles 7, 8 and 9, except where reference is made to Annex III or where the second paragraph of Article 51 applies.

Article 7

In the case of use of a basic product, unprocessed, or of an assimilated product, the reference quantity shall be the quantity which is actually used in the manufacture of the exported goods, account being taken of the conversion rates set out in Annex VII.

Article 8

In the case of use of a product covered by Article 1 of Regulation (EC) No 1784/2003 or Regulation (EC) No 1785/2003, the reference quantity shall be the quantity which is actually used in the manufacture of the exported goods, adjusted to correspond to a quantity of the basic product by applying the coefficients set out in Annex V to this Regulation if one of the following applies to the product concerned:

(a)

the product results from the processing of a basic product or of a product assimilated to that basic product;

(b)

the product is assimilated to a product resulting from the processing of a basic product;

(c)

the product results from the processing of a product assimilated to a product resulting from the processing of a basic product.

However, for grain spirit contained in spirituous beverages falling within CN code 2208, the reference quantity shall be 3,4 kg of barley per % vol. of alcohol derived from cereals per hectolitre of the spirituous beverage exported.

Article 9

Subject to Article 11, in the case of use of either of the following products, the reference quantity for each of the basic products in question shall be equal to the quantity established by the competent authorities in accordance with Article 49:

(a)

a product, not covered by Annex I to the Treaty, which is derived from the processing of a product referred to in Articles 7 or 8 of this Regulation;

(b)

a product derived from the mixture or processing of several products referred to in Articles 7 or 8, or of products referred to in point (a) of this paragraph.

The reference quantity shall be determined on the basis of the quantity of the product actually used in the manufacture of the goods exported. For the purpose of calculating that quantity, the conversion rates referred to in Annex VII or, as the case may be, the special rules for calculation, equivalence ratios and coefficients referred to in Article 8 shall apply.

However, for the cereal-based spirituous beverages contained in spirituous beverages falling within CN code 2208, the reference quantity shall be 3,4 kg of barley per % vol. of alcohol derived from cereals per hectolitre of the spirituous beverage exported.

Article 10

For the purposes of Articles 6 to 9, the products used unprocessed in the manufacture of exported goods shall be considered as actually used. Where, during one of the stages of manufacture of such goods, a basic product is itself processed into another more elaborate basic product used at a later stage, only the latter basic product shall be considered as actually used.

The quantities of products actually used, within the meaning of the first paragraph, shall be determined for each of the goods exported.

However, in the case of regular exports of goods manufactured by a particular undertaking under clearly defined technical conditions and having constant characteristics and quality, those quantities may, by agreement with the competent authorities, be determined either from the manufacturing formula for the goods in question or from the average quantities of product used over a specified period in the manufacture of a given quantity of these goods. The quantities of products thus determined shall remain the basis of calculation so long as there is no change in the conditions under which the goods in question are manufactured.

Except in the case of a formal authorisation given by the competent authority, the quantities of products thus determined shall be confirmed at least once a year.

Article 11

In respect of the goods listed in Annex III, the reference quantity in kilograms of basic product per 100 kg of goods shall be that shown in that Annex against each of those goods.

However, in the case of fresh pasta, the quantities of basic products given in Annex III shall be reduced to an equivalent quantity of dry pasta by multiplying those quantities by the percentage of the dry extract of the pasta and dividing them by 88.

Where the goods in question have been manufactured partly from products for which the payment of export refund is covered by the Regulations referred to in Article 1(1) and partly from other products, the reference quantity in respect of those former products shall be determined in accordance with Articles 6 to 10.

Article 12

1.   For the purposes of determining the quantities of agricultural products actually used, paragraphs 2 and 3 shall apply.

2.   All agricultural products, used within the meaning of Article 10 and conferring a right to a refund, which disappear during the normal course of the manufacturing process in such forms as steam or smoke or by conversion into non-recoverable powder or ash, shall be eligible for that refund in respect of all of the quantities used.

3.   Any quantity of goods which is not actually exported shall not be eligible for refunds in respect of the quantities of agricultural products actually used, without prejudice to the provisions laid down in Article 13(1).

If such goods have the same composition as those actually exported, a pro rata reduction in quantities of agricultural products actually used in the manufacture of the latter may be applied.

Article 13

1.   By way of derogation from Article 12(3), losses of 2 % or less by weight inherent in the production of the goods may be disregarded.

The threshold of 2 % shall be calculated as the proportion of the weight of the dry matter of all raw materials used, after deduction of the quantities referred to in Article 12(2), in relation to the weight of the dry matter of the actually exported goods, or using any other method of calculation appropriate to the conditions of manufacture of the goods.

2.   Where the losses inherent in manufacture exceed 2 %, the excess loss shall not be eligible for refunds in respect of the quantities of agricultural products actually used. The competent authorities of the Member States may, however, accept justified higher losses. The Member States shall communicate to the Commission the cases in which the authorities have accepted higher losses, as well as their reasons for such acceptance.

3.   The quantities of agricultural products actually used incorporated in residues shall be taken into account for the granting of refunds.

4.   In cases where by-products are obtained, the quantities of agricultural products actually used shall be attributed respectively to the goods exported and to the by-products.

SECTION 3

Rates of refund

Article 14

The fixing of the rate of refund, as provided for in Article 13(3) of Regulation (EC) No 1784/2003 and the corresponding provisions of the other Regulations referred to in Article 1(1) of this Regulation, shall be effected each month per 100 kg of basic products.

However, the rate of the refund on poultry eggs in shell, fresh or preserved, and eggs not in shell and egg yolks, suitable for human consumption, fresh, dried or otherwise preserved, not sweetened, shall be fixed for the same period as that for the refunds on those products exported unprocessed.

Article 15

1.   The rate of the refund shall be determined with particular reference to the following:

(a)

the average cost incurred by the processing industries in obtaining supplies of basic products on the Community market and the prices prevailing on the world market;

(b)

the level of the refund on exports of processed agricultural products covered by Annex I to the Treaty which are manufactured under similar conditions;

(c)

the need to ensure equal conditions of competition between industries which use Community products and those which use third country products under inward processing arrangements;

(d)

on the one hand, the trend in expenditure and, on the other hand, the trend in prices in the Community and on the world market;

(e)

compliance with the limits resulting from agreements concluded in accordance with Article 300 of the Treaty.

2.   In fixing the rates of the refund account shall be taken, where appropriate, of production refunds, aids or other measures having equivalent effect applicable in all Member States, in accordance with the Regulation on the common organisation of the market in the product in question, to basic products or to assimilated products.

3.   A reduced rate shall be applied in respect of the export of goods falling under CN code 3505 10 50 where a production refund is applicable to the basic product used during the assumed period of manufacture of the goods pursuant to Commission Regulation (EEC) No 1722/93 (18). The reduced rate shall be fixed in accordance with Article 14 of this Regulation.

Article 16

In the case of potato starch falling within CN code 1108 13 00, the rate of the refund shall be fixed separately, in maize equivalent, in accordance with the procedure referred to in Article 25(2) of Regulation (EC) No 1784/2003 by applying the criteria indicated in Article 15(1) of this Regulation. The quantities of potato starch used shall be converted into equivalent quantities of maize in accordance with Article 8 of this Regulation.

In the case of D-glucitol (sorbitol) mixtures falling within CN codes 2905 44 and 3824 60, where the party concerned does not draw up the declaration referred to in Article 49 giving the information required under Article 52(1)(d) or where he does not provide satisfactory documentation in support of his declaration, the rate of refund on those mixtures shall be that for the basic product to which the lowest rate of refund applies.

Article 17

Refunds for starches falling within CN code 1108 11 00 to 1108 19 90 or products listed in Annex I to Regulation (EC) No 1784/2003 resulting from the processing of such starches shall be granted only on production of a declaration from the supplier of those products attesting that they have been directly produced from cereals, potatoes or rice, excluding all use of sub-products obtained in the production of other agricultural products or goods.

The declaration shall apply, until revocation, to all supplies from the same producer. It shall be verified in accordance with Article 49.

Article 18

1.   Where the dry-extract content of potato starch assimilated to maize starch pursuant to Article 3(1) is 80 % or higher, the rate of the export refund shall be that laid down in accordance with Article 14. Where the dry-extract content is less than 80 %, the rate of the refund shall be that laid down in accordance with Article 14 multiplied by 1/80 of the actual dry-extract percentage.

For all other starches with a dry-extract content of 87 % or more, the rate of the export refund shall be that laid down in accordance with Article 14. Where the dry-extract content is less than 87 %, the rate of the refund shall be that laid down in accordance with Article 14 multiplied by 1/87 of the actual dry-extract percentage.

Where the dry-extract content of glucose or maltodextrin syrups falling within CN codes 1702 30 59, 1702 30 99, 1702 40 90, 1702 90 50 or 2106 90 55 is 78 % or more, the rate of the export refund shall be that laid down in accordance with Article 14. Where the dry-extract content of such syrups is less than 78 %, the rate of the refund shall be that laid down in accordance with Article 14, multiplied by 1/78th of the actual dry-extract percentage.

2.   For the purposes of paragraph 1, the dry-extract content of starches shall be determined using the method referred to in Annex IV to Commission Regulation (EC) No 824/2000 (19) and the dry-matter content of glucose or maltodextrin syrups shall be determined using method 2 referred to in Annex II to Commission Directive 79/796/EEC (20) or any other suitable method of analysis offering at least the same guarantees.

3.   When the declaration referred to in Article 49 is made, the applicant shall declare the dry-extract content of the starches or glucose or maltodextrin syrups used.

Article 19

1.   Where the world trade situation in casein falling within CN code 3501 10, in caseinates falling within CN code 3501 90 90 or in ovalbumin falling within CN codes 3502 11 90 and 3502 19 90 or the specific requirements of certain markets so require, the refund on those goods may be differentiated according to destination.

2.   The rate of refunds on goods falling within CN codes 1902 11 00, 1902 19 and 1902 40 10 may be differentiated according to destination.

3.   The refund may vary according to whether or not it is fixed in advance in accordance with Article 29.

Article 20

1.   The rate of the refund shall be that applying on the day on which the goods are exported, except in the following cases:

(a)

an application has been made in accordance with Article 29, for the refund rate to be fixed in advance;

(b)

an application has been made in accordance with Article 41(2) and the refund rate has been fixed in advance on the day the application for the refund certificate was lodged.

2.   Where the system of advance fixing of the rate of the refund is applied, the rate in force on the day on which the application for advance fixing is lodged shall apply to goods exported at a later date during the period of validity of the refund certificate as provided for in the second subparagraph of Article 39(2). However, applications for advance fixing lodged on a Thursday shall be deemed to have been lodged on the following working day.

The rate of the refund shall be adjusted using the same rules as apply to the advance fixing of refunds for basic products exported unprocessed, but using the conversion coefficients laid down in Annex V for processed cereal and rice products.

3.   Extracts, within the meaning of Regulation (EC) No 1291/2000, of refund certificates shall not be the subject of advance fixing independently of the certificates from which they are taken.

Article 21

If the exported goods are referred to in Article 4(1) of Regulation (EC) No 2571/97, the rate of the refund on milk products shall be that applicable to the use of reduced price dairy products, unless the exporter provides evidence that the goods do not contain reduced price dairy products.

CHAPTER III

REFUND CERTIFICATES

SECTION 1

General provisions

Article 22

1.   Member States shall issue to any applicant, regardless of his place of establishment in the Community, refund certificates valid throughout the Community.

The refund certificates shall guarantee payment of the refund, provided that the conditions set out in Chapter V are met. They may include advance fixing of the refund rates. Certificates shall be valid in a single budget period only.

2.   The granting of refunds on exports of basic products in the form of goods listed in Annex II or on cereals placed under customs control for the production of sprit drinks referred to in Article 2 of Regulation (EEC) No 2825/93 shall be conditional on production of a refund certificate issued in accordance with Article 24 of this Regulation.

The first subparagraph shall not apply to the supplies referred to in the third indent of Article 4(1) and in Articles 36(1), 40(1), 44(1) and 46(1) of Regulation (EC) No 800/1999, or to the exports referred to in Chapter IV of this Regulation.

3.   The granting of the refund under the advance fixing system provided for in Article 20(2) shall be conditional on production of a refund certificate showing advance fixing of the refund rates.

Article 23

1.   Regulation (EC) No 1291/2000 shall apply to the refund certificates referred to in this Regulation.

2.   The provisions laid down in Regulation (EC) No 1291/2000 on the rights and obligations stemming from refund certificates denominated in quantities shall apply mutatis mutandis to the rights and obligations stemming from the refund certificates referred to in this Regulation for amounts denominated in euros, taking account of the provisions in Annex VI to this Regulation.

3.   By way of derogation from paragraphs 1 and 2 of this Article, Article 8(2) and (4), Articles 9, 12 and 14, Article 18(1), Articles 21, 24, 32, 33 and 35, Article 36(5), and Articles 42, 46, 47 and 50 of Regulation (EC) No 1291/2000 shall not apply to the refund certificates referred to in this Regulation.

4.   For the purposes of Articles 40 and 41 of Regulation (EC) No 1291/2000, certificates valid until 30 September may not be extended. In such cases, the certificate shall be cancelled for any amounts not applied for due to force majeure and the relevant security released.

Article 24

1.   The application for a refund certificate and the refund certificate itself shall be based on the form set out in Annex I to Regulation (EC) No 1291/2000 and shall indicate the amount in euros.

Those documents shall be completed in accordance with the instructions set out in Annex VI to this Regulation.

2.   Where the applicant does not have the intention to export from a Member State other than that in which he is applying for the refund certificate, the competent authority may keep the ensuing refund certificate, notably in the form of a computer file. In such case the competent authority shall inform the applicant that his refund certificate has been registered and provide him with the information set out on the holder’s copy of the refund certificate, hereinafter ‘Copy No 1’. The issuing authorities' copy of the refund certificate, hereinafter ‘Copy No 2’, shall not be issued.

The competent authority shall record all the information from the refund certificates referred to in Sections III and IV of Annex VI and the amounts claimed under the certificate.

Article 25

The granting of refunds on cereals placed under customs control for the production of the spirit drinks referred to in Article 2 of Regulation (EEC) No 2825/93 shall be conditional on production of a refund certificate issued in accordance with Article 24 of this Regulation.

For the application of Article 22 such cereals shall be deemed to be exported.

Article 26

Without prejudice to Article 27, the refund certificate shall not be transferable.

Article 27

1.   Obligations deriving from certificates shall not be transferable.

Rights deriving from certificates may be transferred by their titular holder during the period of their validity, provided that the rights deriving under each certificate or extract therefrom are transferred to a single transferee only and that the name and address of the transferee who accepts it are entered in box 20 of the application form for a refund certificate as referred to Article 24 no later than at the time of lodging the application. Such transfer shall relate to the amounts not yet attributed to the certificate or extract.

Before the certificate is issued, the following text shall be entered in box 22 and completed in accordance with the details of the application: ‘The rights may possibly be transferred to […] (name and address of the transferee)’.

If the name and address of a possible transferee have not been specified in the application for the certificate, box 6 shall be deleted.

2.   By way of derogation from paragraph 1, in the case of refund certificates issued for use as from 1 June for goods to be exported before 1 October the requirement that the name and address of the transferee be entered in box 20 of the application form shall not apply. Box 6 shall not be deleted from those refund certificates.

3.   Transferees may not further transfer their rights but may transfer them back to the titular holder.

In such cases, one of the entries set out in Annex VIII shall be made by the issuing authority in box 6 of the certificate.

Article 28

1.   In the event of a request for transfer by the titular holder or in the event of a transfer back to the titular holder by the transferee, the issuing authority or the agency or agencies designated by each Member State shall enter the following on the certificate or, where appropriate, on the extract therefrom:

(a)

the name and address of the transferee as indicated in accordance with Article 27(1) or the entry referred to in Article 27(3);

(b)

the date of transfer or transfer back to the titular holder certified by the stamp of the authority or agency.

2.   The transfer or transfer back to the titular holder shall take effect from the date of the entry referred to in paragraph 1(b).

Article 29

Applications for advance fixing of the refund rates shall concern all the applicable refund rates.

The application for advance fixing may be lodged either at the time of the application for the refund certificate or at any time from the day on which the refund certificate is granted.

Applications for advance fixing shall be made in accordance with Section II of Annex VI using the form set out in Annex I to Regulation (EC) No 1291/2000. The advance fixing shall not apply to exports taking place before the date on which the application was lodged.

Applications for advance fixing lodged on a Thursday shall be deemed to have been lodged on the following working day.

Article 30

The holder of a refund certificate may apply for an extract from the certificate, drawn up in the form set out in Annex I to Regulation (EC) No 1291/2000. The application shall contain the information referred to in point 3 of Section II of Annex VI to this Regulation.

The amount for which the extract is requested shall be recorded on the original certificate.

Article 31

1.   The issue of a refund certificate shall oblige the holder to apply for refunds equal to the amount for which the certificate has been issued on goods exported during the period of validity of the refund certificate. The security referred to in Article 43 shall be lodged to guarantee compliance with that obligation.

2.   The obligations referred to in paragraph 1 shall be primary requirements within the meaning of Article 20(2) of Regulation (EEC) No 2220/85.

The primary requirement shall be considered to have been fulfilled if the exporter has transmitted the specific application relating to goods exported during the period of validity of the refund certificate in accordance with the conditions laid down in Article 32 of this Regulation and in section V of Annex VI.

Where the specific application is not the export declaration, it must be lodged within three months of the date of expiry of the refund certificate the number of which has been entered on the specific application, except in cases of force majeure.

If the time-limit of three months specified in the third subparagraph is not complied with, the obligation referred to in the first sentence of paragraph 1 cannot be deemed to have been met. The security provided for in Article 43 shall consequently be forfeit in respect of the amount in question.

3.   Evidence that the primary requirement has been fulfilled shall be provided by means of the presentation to the competent authority of Copy No 1 of the refund certificate, duly recorded in accordance with Article 32(2). That evidence shall be presented by the end of the ninth month following the end of the period of validity of the refund certificate. The security provided for in Article 43 shall be forfeit in proportion to the amount for which the required evidence was not provided within that time-limit.

Article 32

1.   Each exporter shall complete a specific application for payment within the meaning of Article 49(1) of Regulation (EC) No 800/1999. It shall be presented to the authority responsible for payment, accompanied by the corresponding certificates, except in the case of registration of the certificates within the meaning of Article 24(2) of this Regulation.

The competent authority may consider that the specific application is not the payment documents referred to in Article 49(2) of Regulation (EC) No 800/1999.

The competent authority may consider the specific application to be the export declaration within the meaning of Article 5(1) of Regulation (EC) No 800/1999. In that case, the date of receipt of the specific application by the authority responsible for payment referred to in paragraph 2 of this Article shall be the date on which that authority received the export declaration. In all other cases, the specific application must contain particulars of the export declaration.

2.   The authority responsible for payment shall determine the amount requested on the basis of the information contained in the specific application, taking as sole basis the quantity and nature of the basic product(s) exported and the applicable refund rate(s). That data shall be indicated or referred to clearly in the export declaration.

The authority responsible for payment shall record that amount on the refund certificate within three months of the date of receipt of the specific application.

The certificates shall be attributed on the reverse of Copy No 1. Boxes 28, 29 and 30 shall contain the amount in euros instead of the quantity.

The third subparagraph shall apply mutatis mutandis to certificates kept in electronic form.

3.   After attribution, if the refund certificate is not registered, Copy No 1 of the certificate shall be returned to the holder or kept by the paying authority at the request of the exporter.

4.   The security retained in respect of the amount for which the refund certificate has been attributed for goods exported may be released or may be transferred to guarantee advance payment of the refund in accordance with Chapter 2 of Regulation (EC) No 800/1999.

Article 33

Refund certificates issued for a single budget period may be applied for separately in six tranches. Applications for certificates may be lodged at the latest on:

(a)

7 September for certificates for use from 1 October;

(b)

7 November for certificates for use from 1 December;

(c)

7 January for certificates for use from 1 February;

(d)

7 March for certificates for use from 1 April;

(e)

7 May for certificates for use from 1 June;

(f)

7 July for certificates for use from 1 August.

Operators may submit an application for a refund certificate only in respect of the tranche corresponding to the first closing date, as set out under points (a) to (f) of the first paragraph, following the date of submission.

Article 34

The deadline for the notification by the Member States to the Commission of applications for certificates shall be the following:

(a)

14 September for certificates referred to in point (a) of the first paragraph of Article 33;

(b)

14 November for certificates referred to in point (b) of the first paragraph of Article 33;

(c)

14 January for certificates referred to in point (c) of the first paragraph of Article 33;

(d)

14 March for certificates referred to in point (d) of the first paragraph of Article 33;

(e)

14 May for certificates referred to in point (e) of the first paragraph of Article 33;

(f)

14 July for certificates referred to in point (f) of the first paragraph of Article 33.

Article 35

1.   The total amount in respect of which refund certificates may be issued for each budget period shall be determined in accordance with paragraph 2.

2.   From the figure representing the maximum amount of refunds, as determined in accordance with Article 9(2) of the Agreement, the following elements shall be deducted:

(a)

the amount exceeding the maximum amount and unduly granted during the previous budget year;

(b)

the amount reserved to cover the exports referred to in Chapter IV of this Regulation;

(c)

the amounts in respect of which refund certificates valid during the budget period concerned have been issued.

The amount in respect of which certificates issued, as referred to in Article 45, have been returned shall be added to the figure obtained in accordance with the first subparagraph of this paragraph.

The resulting amount shall, where the amount reserved to cover the exports referred to in Chapter IV has been under-utilised, be increased accordingly.

Where there is uncertainty regarding any of the amounts referred to in points (a), (b) and (c) of the first subparagraph, that shall be taken into account when determining the final amount.

Article 36

The total amount in respect of which certificates may be issued for each of the tranches referred to in Article 33 shall be:

(a)

30 % of the amount calculated in accordance with Article 35, as determined on 14 September, in the case of the tranche referred to in point (a) of the first paragraph of Article 33;

(b)

27 % of the amount calculated in accordance with Article 35, as determined on 14 November, in the case of the tranche referred to in point (b) of the first paragraph of Article 33;

(c)

32 % of the amount calculated in accordance with Article 35, as determined on 14 January, in the case of the tranche referred to in point (c) of the first paragraph of Article 33;

(d)

44 % of the amount calculated in accordance with Article 35, as determined on 14 March, in the case of the tranche referred to in point (d) of the first paragraph of Article 33;

(e)

67 % of the amount calculated in accordance with Article 35, as determined on 14 May, in the case of the tranche referred to in point (e) of the first paragraph of Article 33;

(f)

100 % of the amount calculated in accordance with Article 35, as determined on 14 July, in the case of the tranche referred to in point (f) of the first paragraph of Article 33.

Article 37

1.   If the total amount represented by the applications received in respect of each of the periods concerned exceeds the maximum referred to in Article 35, the Commission shall set a reduction coefficient applicable to all applications lodged before the corresponding date referred to in Article 33 so as to comply with the maximum referred to in Article 35.

The Commission shall publish the coefficient in the Official Journal of the European Union within five working days of the dates referred to in Article 34.

2.   If a reduction coefficient is set by the Commission, certificates shall be issued for the amount requested, multiplied by 1 minus the reduction coefficient set as provided for in paragraph 1 of this Article or in Article 38(3)(a).

However, in respect of the tranche referred to in point (f) of the first paragraph of Article 33, applicants may withdraw their applications within five working days from publication of the coefficient in the Official Journal of the European Union.

3.   Member States shall notify the Commission by 1 August of the amounts represented by the applications for refund certificates withdrawn pursuant to the second subparagraph of paragraph 2.

Article 38

1.   If amounts determined in accordance with Article 35 remain available, the Commission may, by publication in the Official Journal of the European Union on 10 August at the latest, authorise the lodging of applications for refund certificates from the following Monday in respect of goods to be exported before 1 October.

Where such a publication is made, the provisions in paragraphs 2 and 3 shall apply.

2.   Applications lodged in the course of each week shall be notified by Member States to the Commission on the following Tuesday. The corresponding certificates may be issued from the Monday following notification, unless the Commission issues instructions to the contrary.

3.   If the total amount of the applications received in a particular application week exceeds the remaining amount available under paragraph 1 the Commission shall take one or more of the following steps:

(a)

set a reduction coefficient applicable to applications for refund certificates lodged in that particular application week, which have been notified to the Commission and for which refund certificates have not yet issued;

(b)

direct Member States to reject applications, lodged in that particular application week, which have yet to be notified to the Commission;

(c)

suspend the lodging of applications for refund certificates.

4.   Any regulation adopted pursuant to paragraph 3 shall be published in the Official Journal of the European Union within four days from notification of the applications lodged in accordance with paragraph 2.

Article 39

1.   Refund certificates shall be valid from the date of issue as defined in Article 23(1) of Regulation (EC) No 1291/2000.

2.   Refund certificates shall be 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 refund certificates referred to in Article 40, however, shall be valid until the last day of the fifth month following the month in which the application for the certificate was made.

If refund rates are fixed in advance in accordance with Article 29, those rates shall remain valid until the last day of the fifth month following the month in which the application for advance fixing was lodged, or until the last day of the period of validity of the certificate, whichever is the earlier.

Article 40

Commission Regulation (EC) No 2298/2001 (21) shall apply to applications for refund certificates and refund certificates issued for export of goods, which are part of an international food aid operation within the meaning of Article 10(4) of the Agreement.

Article 41

1.   For the purposes of Article 49 of Regulation (EC) No 1291/2000, the provisions in paragraphs 2 to 11 of this Article shall apply.

2.   From 1 October of each budget period applications for certificates in connection with an invitation to tender issued in an importing third country, fixing the export refund in advance on the day the application is lodged, may be made in accordance with this Article outside the periods laid down in Articles 33 and 38, where the sum of the amounts corresponding to a single invitation to tender for which one or more applications for refund certificates have been made by one or more exporters and for which no certificate has yet been issued does not exceed EUR 2 million.

However, that limit may be increased to EUR 4 million if none of the reduction coefficients published since the beginning of the budget period and referred to in Article 37(1) exceeds 50 %.

3.   The amount in respect of which the certificate or certificates are applied for may not exceed the quantity specified in the invitation to tender multiplied by the corresponding refund rate(s), fixed in advance on the day the application is lodged. No account shall be taken of tolerances or options provided for in the invitation to tender.

4.   In addition to the information specified in Article 49(10) of Regulation (EC) No 1291/2000 Member States shall immediately inform the Commission of the amounts in respect of which each certificate is applied for, and the date and time of submission of each application.

5.   Where the amounts notified under paragraph 4, when added to the amounts in respect of which one or more certificates have already been applied for as part of the same invitation to tender, exceed the applicable limit referred to in paragraph 2 the Commission shall inform the Member States within two working days of the receipt of the additional information referred to in paragraph 4 that the refund certificate shall not be issued to the operator.

6.   The Commission may suspend application of paragraph 2 where the cumulative sum of the amounts of refund certificates which may be issued in accordance with Article 49 of Regulation (EC) No 1291/2000 exceeds EUR 4 million in a budget period. Decisions to suspend shall be published in the Official Journal of the European Union.

7.   By way of exception from Article 39(1) and (2) of this Regulation refund certificates issued in accordance with Article 49 of Regulation (EC) No 1291/2000 shall be valid with effect from the day on which they are issued within the meaning of Article 23(2) of Regulation (EC) No 1291/2000. Refund certificates shall be valid until the end of the eighth month following the month of issue, or until 30 September, whichever is the sooner. Rates fixed in advance are valid until the last day of the certificate’s validity.

8.   Where the competent authority has been satisfied in accordance with Article 49(9)(a) of Regulation (EC) No 1291/2000 that the agency that issued the invitation to tender has cancelled the contract for reasons which are not attributable to the successful tenderer and are not considered to constitute force majeure, it shall release the security in cases where the rate of the refund fixed in advance in respect of the basic product corresponding to the largest refund compared with the other basic products used is higher than or equal to the rate of the refund valid on the last day of the certificate's validity.

9.   Where the competent authority has been satisfied in accordance with Article 49(9)(b) of Regulation (EC) No 1291/2000 that the agency that issued the invitation to tender has obliged the successful tenderer to accept changes to the contract for reasons that are not attributable to him and are not considered to constitute force majeure, it may extend the validity of the certificate and the period during which the rate of the refund fixed in advance are to apply until to 30 September.

10.   Where the successful tenderer furnishes proof in accordance with Article 49(9)(c) of Regulation (EC) No 1291/2000 that the invitation to tender or the contract concluded following the award provided for a downward tolerance or option of more than 5 % and that the agency that issued the invitation to tender is invoking the relevant clause, the obligation to export shall be deemed to have been fulfilled where the quantity exported is not more than 10 % less than the quantity corresponding to the amount for which the certificate was issued.

The first subparagraph shall apply on condition that the rate of the refund fixed in advance in respect of the basic product corresponding to the largest refund compared with the other basic products used is higher than or equal to the rate of the refund valid on the last day of validity of the certificate. In such cases the rate of 95 % referred to in Article 44(4) of this Regulation shall be replaced by 90 %.

11.   For the purposes of this Article the time-limit of 21 days specified in Article 49(5) of Regulation (EC) No 1291/2000 shall be 44 days.

Article 42

Without prejudice to Article 10 of Regulation (EC) No 1291/2000, extracts valid throughout the Community may be taken from certificates registered as valid in a single Member State.

SECTION 2

Securities

Article 43

Applications for refund certificates, save those in respect of food aid operations referred to in Article 40, shall be valid only if a security equal to 25 % of the amount applied for has been lodged in accordance with the conditions set out in Article 15 of Regulation (EC) No 1291/2000.

The security shall be released in accordance with the conditions set out in Article 44 of this Regulation.

Article 44

1.   If a reduction coefficient is applied pursuant to Article 37(2) or Article 38(3)(a), part of the security, equal to the amount lodged multiplied by the reduction coefficient, shall be released immediately.

2.   If the applicant withdraws his application for a certificate, in accordance with Article 37(2), 80 % of the original security shall be released.

3.   The security shall be released in full once the holder of the certificate has applied for refunds totalling 95 % of the amount in respect of which the certificate was issued. On application by the titular holder, Member States may release the security by instalments in proportion to the amounts in respect of which the conditions referred to in Article 31(2) and (3) have been fulfilled, provided that evidence has been produced that an amount equal to at least 5 % of that indicated on the certificate has been applied for.

4.   Where applications have been made for refunds in respect of less than 95 % of the amount for which the certificate was issued, part of the security, equal to 25 % of the difference between 95 % of the amount for which the certificate was issued and the amount of refunds actually used, shall be forfeited.

However, if the amount in respect of which the conditions referred to in Article 31(2) and (3) have been fulfilled is less than 5 % of the amount indicated on the certificate, the whole of the security shall be forfeit.

If the total amount of the security which would be forfeited comes to EUR 100 or less for a given certificate, the Member State concerned shall release the whole of the security.

Article 45

1.   Where the certificate or an extract from the certificate is returned to the issuing authority within a period corresponding to the initial two-thirds of its term of validity, the corresponding amount of security to be forfeited shall be reduced by 40 %, for which purpose, any part of a day shall count as a whole day.

Where the certificate or extract from the certificate is returned to the issuing authority within a period corresponding to the last third of its term of validity or during the month following the expiry date, the corresponding amount of security to be forfeited shall be reduced by 25 %.

2.   Paragraph 1 shall apply only to certificates and extracts from certificates returned to the issuing authority during the budget period in respect of which the certificates have been issued, provided that they are returned not later than 30 June of that period.

CHAPTER IV

EXPORTS NOT COVERED BY CERTIFICATES

Article 46

For each budget period from 1 October 2004, exports not covered by a certificate shall be eligible for payment of a refund within the limit of a total reserve of EUR 40 million for each budget year.

Article 47

1.   Article 46 shall not apply to exports which are part of an international food aid operation within the meaning of Article 10(4) of the Agreement, nor to the supplies referred to in the third indent of the second subparagraph of Article 4(1) and in Articles 36(1), 40(1), 44(1) and 46(1) of Regulation (EC) No 800/1999.

2.   Article 46 shall apply to exports by operators that have not held a refund certificate since the beginning of the budget period in question and do not hold such a certificate on the date of export. The applications submitted by the operator on the terms set out in Article 32(1) during the budget year, including the submission of the application for the export in question, shall not give rise to payment of more than EUR 75 000.

If the specific application is regarded by the competent authority as being the customs declaration within the meaning of Article 5(1) of Regulation (EC) No 800/1999, the date of the application may, if the competent authority agrees, be the date on which the customs authority accepted the export declaration in question.

3.   Article 46 shall apply only in the Member State in which the operator is established.

Article 48

Member States shall notify the Commission no later than the fifth day of each month of the amounts of the refunds granted pursuant to Article 46 from the sixteenth day to the end of the previous month, and no later than the twentieth day of each month of the amounts of the refunds granted pursuant to Article 46 from the first to the fifteenth day of that month. Where applicable, Member States shall inform the Commission that no amounts have been granted between the relevant days.

If the sum of the amounts notified by the Member States reaches EUR 30 million the Commission may, taking account of the Community’s international commitments, suspend the application of Article 46 to exports not covered by a refund certificate, for a maximum of 20 working days.

Under the same circumstances, the Commission may, in accordance with Article 8(3) of Regulation (EC) No 3448/93, suspend the application of Article 46 of this Regulation to exports not covered by a refund certificate, for a period exceeding 20 working days.

CHAPTER V

OBLIGATIONS FOR THE EXPORTER

Article 49

1.   When goods are to be exported, the party concerned shall declare the quantities of basic products, of products derived from the processing thereof, or of products assimilated to one of those two categories in accordance with Article 3, which have actually been used, within the meaning of Article 10, in the manufacture of those goods, on which a refund will be requested, or otherwise refer to that composition if it has been determined in accordance with the third paragraph of Article 10.

2.   When goods have been used in the manufacture of goods to be exported, the declaration by the party concerned shall include the quantity of the goods actually used and the nature and quantity of each of the basic products, of products derived from the processing thereof and/or of products assimilated to one of those two categories in accordance with Article 3, from which the goods in question are derived.

The party concerned shall, in support of his declaration, supply the competent authorities with all documents and information which the latter consider relevant.

The competent authorities shall verify by any appropriate means the accuracy of the declaration made to them.

3.   At the request of the competent authorities of the Member State on whose territory the customs export formalities are carried out, the competent authorities of the other Member States shall communicate to them directly all information they are able to obtain to enable the declaration made by the party concerned to be verified.

Article 50

By way of derogation from Article 49, and in consultation with the competent authorities, the declaration of the products or goods used may be replaced by an aggregated declaration of the quantities of products used or by a reference to a declaration of those quantities, if the latter have already been determined pursuant to the third paragraph of Article 10 and on condition that the manufacturer places at the disposal of the authorities all the information necessary to verify the declaration.

Article 51

Where the exporter does not draw up the declaration referred to in Article 49 or does not provide satisfactory information in support of his declaration, he shall not be entitled to a refund.

However, if the goods concerned are listed in columns 1 and 2 of Annex IV, the party concerned may, at his express request, be granted a refund. The nature and quantity of the basic products taken into consideration for the calculation of such refund shall be determined from an analysis of the goods to be exported and in accordance with the table in Annex IV. The competent authority shall decide on the conditions under which the analysis is to be carried out and the information to be supplied in support of the request.

The cost of such analysis shall be borne by the exporter.

Article 52

1.   Article 49 shall not apply to the quantities of agricultural products determined in accordance with Annex III, with the exception of the following:

(a)

quantities of products as referred to in Article 49(1) exported in the form of goods obtained partly from products for which the payment of export refund is covered by the Regulations referred to in Article 1(1) and partly from other products, in accordance with the conditions laid down in the third paragraph of Article 11;

(b)

quantities of eggs or egg products exported in the form of pasta falling within CN code 1902 11 00;

(c)

the quantity of dry-matter contained in fresh pasta, as referred to in the second paragraph of Article 11;

(d)

the nature of the basic products actually used in the manufacture of D-glucitol (sorbitol) falling within CN codes 2905 44 and 3824 60, and, where necessary, the proportions of D-glucitol (sorbitol) obtained from amylaceous products and sucrose;

(e)

quantities of casein exported in the form of goods falling within CN code 3501 90 90;

(f)

the degree plato of beer made from malt falling within CN code 2202 90 10;

(g)

the quantities of unmalted barley accepted by the competent authorities.

The description of the goods given on the export declaration and the application for a refund on goods listed in Annex III shall take account of the nomenclature in that Annex.

2.   When goods are analysed for the purposes of Articles 49, 50, 51 or of paragraphs 1 or 3 of this Article, the methods of analysis shall be those referred to in Commission Regulation (EEC) No 4056/87 (22) or, in their absence, those applicable for the Common Customs Tariff classification of similar goods which are imported into the Community.

3.   The quantities of goods exported and the quantities of the products referred to in Article 49(1) or a reference to the composition determined in accordance with the third paragraph of Article 10 shall be entered on the document certifying exportation. However, where the second paragraph of Article 51 applies, the latter quantities shall be replaced by the quantities of basic products listed in column 4 of Annex IV, corresponding to the results of the analysis of the goods exported.

4.   In order for a refund to be granted on goods falling within CN codes 0403 10 51 to 0403 10 99, 0403 90 71 to 0403 90 99, 0405 20 10, 0405 20 30, and 2105 00 99, the goods shall meet the requirements in Directive 92/46/EEC, in particular the requirement of having been prepared in an approved establishment and of complying with the health marking requirements specified in point A of Chapter IV of Annex C thereto.

In order for a refund to be granted on goods falling within CN codes 3502 11 90 and 3502 19 90, the goods shall comply with the provisions laid down in Chapter XI of the Annex to Directive 89/437/EEC.

5.   For the purposes of Articles 49 and 50, each Member State shall inform the Commission of the checks carried out in its territory on the various kinds of goods exported. The Commission shall inform the other Member States accordingly.

Article 53

1.   Pursuant to Articles 49 and 50, for goods falling within CN codes 0405 20 10, 0405 20 30, 1806 90 60 to 1806 90 90, 1901 or 2106 90 98 containing a high percentage of milk products falling within CN codes 0402 10 19, 0402 21 19, 0405 or 0406, the party concerned shall provide a declaration that none of those milk products have been imported from third countries or a specification of the quantities of those milk products imported from third countries.

2.   For the purposes of paragraph 1, ‘containing a high percentage’ shall mean containing 51 kilograms or more of the milk products referred to in paragraph 1 used per 100 kilograms of goods exported.

3.   Where a request is made for the quantities to be determined in accordance with the third paragraph of Article 10, the competent authority may accept an attestation by the party concerned that milk products referred to in paragraph 1 which have been imported from third countries will not be used.

4.   A declaration made in accordance with paragraph 1 or an attestation as provided for in paragraph 3 may be accepted by the competent authority where it is satisfied that the price paid for the milk product referred to in paragraph 1 incorporated in the exported goods is at or close to the price prevailing on the Community market for an equivalent product. In comparing the prices, account shall be taken of the date the milk product was purchased.

CHAPTER VI

PAYMENT OF THE REFUND

Article 54

1.   In the case of exports effected between 1 October and 15 October of each year, refunds shall not be paid before 16 October.

As regards exports effected with presentation of a refund certificate issued in respect of a budget period, and where the Commission considers that there is a danger that the Community does not meet its international commitments, refund payments scheduled after the end of that period shall not be made before 16 October. In that case the time-limit referred to in Article 49(8) of Regulation (EC) No 800/1999 may be temporarily extended to three months and 15 days by way of a regulation to be published before 20 September in the Official Journal of the European Union.

2.   By way of derogation from Article 28(6) of Regulation (EC) No 800/1999, in the case of refund certificates issued for use as from 1 June in respect of goods to be exported before 1 October, the basic products as listed in Annex I to this Regulation may remain under customs control with a view to processing for three months from the date of acceptance of the payment declaration.

By way of derogation from Article 29(5) of Regulation (EC) No 800/1999, in the case of refund certificates issued for use as from 1 June in respect of goods to be exported before 1 October, goods may remain under a customs-warehousing or free zone procedure for three months from the date of acceptance of the payment declaration.

CHAPTER VII

OBLIGATION TO NOTIFY

Article 55

1.   Before the 10th day of each month the Member States shall notify the Commission of the following:

(a)

the amounts in respect of which refund certificates were returned during the previous month in accordance with Article 45(1);

(b)

the amounts on refund certificates falling due the previous month for which the obligations referred to in Article 31(1) were not fulfilled in accordance with Article 31(2) or (3);

(c)

refund certificates issued during the previous month, as referred to in Article 40;

(d)

refund certificates issued during the previous month in accordance with Article 49 of Regulation (EC) No 1291/2000.

The amounts referred to in point (b) of the first subparagraph shall be differentiated by reference to the budget period of the refund certificate to which they relate.

2.   Before 1 November of each year Member States shall notify the Commission of the total amounts attributed before 1 October of that year to refund certificates issued in the budget period ending 30 September of the previous calendar year.

Article 56

1.   Member States shall, at the latest by the end of the month following each month of the calendar year, communicate to the Commission by way of the secured web-based Data Exchange System known as DEX, statistical information on goods covered by this Regulation in respect of which export refunds were granted in the previous month, broken down by eight-digit CN code and comprising:

(a)

the quantities of such goods, expressed in tonnes or another stated unit of measurement;

(b)

the amount, expressed in euros or in national currency, of export refunds granted the previous month in respect of each of the basic agricultural products concerned;

(c)

the quantities, expressed in tonnes, of each of the basic agricultural products in respect of which refunds were granted.

2.   Before 1 January of each year, the Member States shall notify the Commission of the total amounts of refunds which they have actually granted until 30 September of the previous year on goods exported in previous budget periods not previously notified, specifying the periods concerned.

3.   For the purposes of paragraphs 1 and 2 refunds granted shall include advance payments. Reimbursements of refunds unduly paid shall be notified separately.

CHAPTER VIII

FINAL PROVISIONS

Article 57

Regulations (EEC) No 3615/92, (EC) No 3223/93 and (EC) No 1520/2000 are repealed.

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

Article 58

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

It shall apply to applications submitted from 8 July 2005 for certificates for use from 1 October 2005.

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

Done at Brussels, 30 June 2005.

For the Commission

Günter VERHEUGEN

Vice-President


(1)  OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

(2)  OJ L 367, 16.12.1992, p. 10.

(3)  OJ L 292, 26.11.1993, p. 10. Regulation as last amended by Regulation (EC) No 1762/2002 (OJ L 265, 3.10.2002, p. 13).

(4)  OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Regulation (EC) No 886/2004 (OJ L 168, 1.5.2004, p. 14).

(5)  OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(6)  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(7)  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

(8)  OJ L 270, 21.10.2003, p. 78.

(9)  OJ L 270, 21.10.2003, p. 96.

(10)  OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5).

(11)  OJ L 258, 16.10.1993, p. 6. Regulation as last amended by Regulation (EC) No 1633/2000 (OJ L 187, 26.7.2000, p. 29).

(12)  OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regulation (EC) No 1741/2004 (OJ L 311, 8.10.2004, p. 17).

(13)  OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation (EC) No 673/2004 (OJ L 105, 14.4.2004, p. 17).

(14)  OJ L 350, 20.12.1997, p. 3. Regulation as last amended by Regulation (EC) No 2250/2004 (OJ L 381, 28.12.2004, p. 25).

(15)  OJ L 268, 14.9.1992, p. 1. Directive as last amended by Regulation (EC) No 806/2003.

(16)  OJ L 212, 22.7.1989, p. 87. Directive as last amended by Regulation (EC) No 806/2003.

(17)  OJ L 214, 8.9.1995, p. 16.

(18)  OJ L 159, 1.7.1993, p. 112. Regulation as last amended by Regulaton (EC) No 1548/2004 (OJ L 280, 31.8.2004, p. 11).

(19)  OJ L 100, 20.4.2000, p. 31. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

(20)  OJ L 239, 22.9.1979, p. 24.

(21)  OJ L 308, 27.11.2001, p. 16. Regulation as last amended by Regulation (EC) No 2080/2004 (OJ L 360, 7.12.2004, p. 4).

(22)  OJ L 379, 31.12.1987, p. 29. Regulation as amended by Regulation (EC) No 202/98 (OJ L 21, 28.1.1998, p. 5).


ANNEX I

Basic Products

CN code

Description

ex 0402 10 19

Milk in powder, granules or other solid forms, not containing added sugar or other sweetening matter, of a fat content, by weight, not exceeding 1,5 % (Product Group 2)

ex 0402 21 19

Milk in powder, granules or other solid forms, not containing added sugar or other sweetening matter, of a fat content, by weight, of 26 % (Product Group 3)

ex 0404 10 02 to ex 0404 10 16

Whey in powder, granules or other solid forms, not containing added sugar or other sweetening matter (Product Group 1)

ex 0405 10

Butter, of a fat content by weight of 82 % (Product Group 6)

ex 0407 00 30

Poultry eggs, in shell, fresh or preserved, other than for hatching

ex 0408

Eggs, not in shell, and egg yolks, fit for human consumption, fresh, dried, frozen or otherwise preserved, unsweetened

1001 10 00

Durum wheat

1001 90 99

Common wheat and meslin, other than for sowing

1002 00 00

Rye

1003 00 90

Barley, other than seed barley

1004 00 00

Oats

1005 90 00

Maize (corn), other than seed maize

ex 1006 30

Wholly milled rice

1006 40 00

Broken rice

1007 00 90

Grain sorghum, other than hybrids, for sowing

1701 99 10

White sugar

ex 1702 19 00

Lactose containing, in the dry state, 98,5 % of the pure product

1703

Molasses resulting from the extraction or refining of sugar


ANNEX II

Goods on which export refunds may be paid

CN code

Description

Agricultural products in respect of which an export refund may be granted

III: see Annex III

Cereals (1)

Rice (2)

Eggs (3)

Sugar, molasses or isoglucose (4)

Milk products (5)

1

2

3

4

5

6

7

ex 0403

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

 

 

 

 

 

0403 10

– Yoghurt:

 

 

 

 

 

0403 10 51 to 0403 10 99

– – Flavoured or containing added fruit, nuts or cocoa:

 

 

 

 

 

– – – Flavoured

X

X

X

X

 

– – – other:

 

 

 

 

 

– – – – Containing added fruit and/or nuts

X

X

 

X

 

– – – – Containing added cocoa

X

X

X

X

 

0403 90

– Other:

 

 

 

 

 

0403 90 71 to 0403 90 99

– – Flavoured or containing added fruit and/or nuts or cocoa:

 

 

 

 

 

– – – Flavoured

X

X

X

X

 

– – – Other:

 

 

 

 

 

– – – – Containing added fruit or nuts

X

X

 

X

 

– – – – Containing added cocoa

X

X

X

X

 

ex 0405

Butter and other fats and oils derived from milk; dairy spreads:

 

 

 

 

 

0405 20

– Dairy spreads:

 

 

 

 

 

0405 20 10

– – Of a fat content, by weight, of 39 % or more but less than 60 %

 

 

 

 

X

0405 20 30

– – Of a fat content, by weight, of 60 % or more but not exceeding 75 %

 

 

 

 

X

ex 0710

Vegetables (uncooked or cooked by steaming or boiling in water), frozen:

 

 

 

 

 

0710 40 00

– Sweet corn

 

 

 

 

 

– – In ear form

X

 

 

X

 

– – In grain form

III

 

 

X

 

ex 0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

 

 

 

 

 

0711 90 30

– – – Sweet corn:

 

 

 

 

 

– – – – In ear form

X

 

 

X

 

– – – – In grain form

III

 

 

X

 

ex 1517

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading No 1516:

 

 

 

 

 

1517 10

– Margarine, excluding liquid margarine

 

 

 

 

 

1517 10 10

– – Containing more than 10 % but not more than 15 % by weight of milk fats

 

 

 

 

X

1517 90

– Other:

 

 

 

 

 

1517 90 10

– – Containing more than 10 % but not more than 15 % by weight of milk fats

 

 

 

 

X

1702 50 00

– Chemically pure fructose

 

 

 

X

 

ex 1704

Sugar confectionery (including white chocolate), not containing cocoa:

 

 

 

 

 

1704 10

– Chewing gum, whether or not sugar-coated

X

 

 

X

 

1704 90

– Other:

 

 

 

 

 

1704 90 30

– – White chocolate

X

 

 

X

X

1704 90 51 to 1704 90 99

– – Other

X

X

 

X

X

1806

Chocolate and other food preparations containing cocoa

 

 

 

 

 

1806 10

– Cocoa powder, containing added sugar or other sweetening matter

 

 

 

 

 

– – sweetened exclusively by the addition of sucrose

X

 

X

X

 

– – Other

X

 

X

X

X

1806 20

– Other preparations in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg:

 

 

 

 

 

– – Chocolate milk crumb (of CN code 1806 20 70)

X

 

X

X

X

– – Other preparations of heading No 1806 20

X

X

X

X

X

1806 31 00 and 1806 32

– Other, in blocks, slabs or bars

X

X

X

X

X

1806 90

– Other:

 

 

 

 

 

– – ex 1806 90 (11, 19, 31, 39, 50)

X

X

X

X

X

– – ex 1806 90 (60, 70, 90)

X

 

X

X

X

ex 1901

Malt extract; food preparations of flour, groats meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

 

 

 

 

 

1901 10 00

– Preparations for infant use, put up for retail sale

 

 

 

 

 

– – Food preparations of products of heading Nos 0401 to 0404, containing less than 5 % by weight of cocoa calculated on a totally defatted basis

X

X

X

X

X

– – Other

X

X

 

X

X

1901 20 00

– Mixes and doughs for the preparation of bakers' wares, pastry-cooks, products or biscuits of heading No 1905

 

 

 

 

 

– – Food preparations of products of heading Nos 0401 to 0404, containing less than 5 % by weight of cocoa calculated on a totally defatted basis

X

X

X

X

X

– – Other

X

X

 

X

X

1901 90

– Other:

 

 

 

 

 

1901 90 11 and 1901 90 19

– – Malt extract

X

X

 

 

 

– – Others

 

 

 

 

 

1901 90 99

– – – Other:

 

 

 

 

 

– – – – Food preparations of goods of heading Nos 0401 to 0404, containing less than 5 % by weight of cocoa calculated on a totally defatted basis

X

X

X

X

X

– – – – Other

X

X

 

X

X

ex 1902

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni, couscous, whether or not prepared:

 

 

 

 

 

– Uncooked pasta, not stuffed or otherwise prepared:

 

 

 

 

 

1902 11 00

– – Containing eggs:

 

 

 

 

 

– – – Of durum wheat and pasta made from other cereals

III

 

X

 

 

– – – Other:

X

 

X

 

 

1902 19

– – Other:

 

 

 

 

 

– – – Of durum wheat and pasta made from other cereals

III

 

 

 

X

– – – Other:

X

 

 

 

X

1902 20

– Stuffed pasta, whether or not cooked or otherwise prepared:

 

 

 

 

 

1902 20 91 and 1902 20 99

– – Other:

X

X

 

X

X

1902 30

– Other pasta

X

X

 

X

X

1902 40

– Couscous:

 

 

 

 

 

1902 40 10

– – Unprepared:

 

 

 

 

 

– – – Of durum wheat

III

 

 

 

 

– – – Other

X

 

 

 

 

1902 40 90

– – Other

X

X

 

X

X

1903 00 00

Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms

X

 

 

 

 

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals, (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included

 

 

 

 

 

– Unsweetened puffed rice or pre-cooked rice

 

 

 

 

 

– – Containing cocoa (6)

X

III

X

X

X

– – Not containing cocoa

X

III

 

X

X

– Other, containing cocoa (6)

X

X

X

X

X

– Other

X

X

 

X

X

1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:

 

 

 

 

 

1905 10 00

– Crispbread

X

 

 

X

X

1905 20

– Gingerbread and the like

X

 

X

X

X

 

– Sweet biscuits, waffles and wafers

 

 

 

 

 

1905 31

– – Sweet biscuits

X

 

X

X

X

1905 32

– – Waffles and wafers

X

 

X

X

X

1905 40

– Rusks, toasted bread and similar toasted products

X

 

X

X

X

1905 90

– Other:

 

 

 

 

 

1905 90 10

– – Matzos

X

 

 

 

 

1905 90 20

– – Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:

X

X

 

 

 

1905 90 30

– – – Bread, not containing added honey, eggs, cheese or fruit, and containing by weight in the dry matter state not more than 5 % of sugars and not more than 5 % of fat

X

 

 

 

 

1905 90 45 to 1905 90 90

– – – Other products

X

 

X

X

X

ex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

 

 

 

 

 

2001 90

– Other:

 

 

 

 

 

2001 90 30

– – Sweet corn (Zea mays var. saccharata):

 

 

 

 

 

– – – In ear form

X

 

 

X

 

– – – In grain form

III

 

 

X

 

2001 90 40

– – Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch

X

 

 

X

 

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading No 2006

 

 

 

 

 

2004 10

– Potatoes:

 

 

 

 

 

– – Other:

 

 

 

 

 

2004 10 91

– – – In the form of flour, meal or flakes

X

X

 

X

X

2004 90

– Other vegetables and mixtures of vegetables:

 

 

 

 

 

2004 90 10

– – Sweet corn (Zea mays var. saccharata):

 

 

 

 

 

– – – In ear form

X

 

 

X

 

– – – In grain form

III

 

 

X

 

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading No 2006

 

 

 

 

 

2005 20

– Potatoes:

 

 

 

 

 

2005 20 10

– – In the form of flour, meal or flakes

X

X

 

X

X

2005 80 00

– Sweet corn (Zea mays var. saccharata):

 

 

 

 

 

– – In ear form

X

 

 

X

 

– – In grain form

III

 

 

X

 

ex 2008

Fruits, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:

 

 

 

 

 

2008 99

– – Other:

 

 

 

 

 

– – – Not containing added spirit:

 

 

 

 

 

– – – – Not containing added sugar:

 

 

 

 

 

2008 99 85

– – – – – Maize (corn) other than sweet corn (Zea mays var. saccharata):

 

 

 

 

 

– – – – – – In ear form

X

 

 

 

 

– – – – – – In grain form

III

 

 

 

 

2008 99 91

– – – – – Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch

X

 

 

 

 

ex 2101

Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

 

 

 

 

 

– Extracts, essences and concentrates of coffee and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

 

 

 

 

 

2101 12 98

– – – Other

X

X

 

X

 

2101 20

– Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté:

 

 

 

 

 

2101 20 98

– – – Other

X

X

 

X

 

2101 30

– Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

 

 

 

 

 

– – Roasted chicory and other roasted coffee substitutes:

 

 

 

 

 

2101 30 19

– – – Other

X

 

 

X

 

– – Extracts, essences and concentrates of roasted chicory and other roasted coffee substitutes:

 

 

 

 

 

2101 30 99

– – – Other

X

 

 

X

 

ex 2102

Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading No 3002); prepared baking powders:

 

 

 

 

 

2102 10

– Active yeasts

 

 

 

 

 

2102 10 31 and 2102 10 39

– – Bakers' yeast:

X

 

 

 

 

2105

Ice cream and other edible ice, whether or not containing cocoa:

 

 

 

 

 

– Containing cocoa

X

X

X

X

X

– Other

X

X

 

X

X

ex 2106

Food preparations not elsewhere specified or included:

 

 

 

 

 

2106 90

– Other:

 

 

 

 

 

2106 90 10

– – Cheese fondues

X

X

 

X

X

2106 90 92 and 2106 90 98

– – Other:

X

X

 

X

X

2202

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading No 2009:

 

 

 

 

 

2202 10 00

– Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured

X

 

 

X

 

2202 90

– Other:

 

 

 

 

 

2202 90 10

– – Not containing products of heading Nos 0401 to 0404 or fat obtained from products of heading Nos 0401 to 0404:

 

 

 

 

 

– – – Beer made from malt, of an actual alcoholic strength by volume not exceeding 0,5 % vol

III

 

 

 

 

– – – Other

X

 

 

X

 

2202 90 91 to 2202 90 99

– – Other

X

 

 

X

X

2205

Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances

X

 

 

X

 

ex 2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirituous beverages:

 

 

 

 

 

2208 20

– Spirits obtained by distilling grape wine or grape marc

 

 

 

X

 

2208 30

– Whiskies:

 

 

 

 

 

– – Other than Bourbon whiskey

 

 

 

 

 

ex 2208 30 32 to 2208 30 88

– – – Whiskies, other than those listed in Regulation (EEC) No 2825/93

X

 

 

 

 

2208 50 11 to 2208 50 19

– Gin

X

 

 

 

 

2208 50 91 to 2208 50 99

– Geneva

X

 

 

X

 

2208 60

– Vodka

X

 

 

 

 

2208 70

– Liqueurs and cordials

X

 

X

X

X

2208 90

– Other:

 

 

 

 

 

2208 90 41

– – – – Ouzo, in containers holding 2 litres or less

X

 

 

X

 

2208 90 45

– – – – – – – Calvados, in containers holding 2 litres or less

 

 

 

X

 

2208 90 48

– – – – – – – Other spirits distilled from fruit, in containers holding 2 litres or less

 

 

 

X

 

2208 90 52

– – – – – – – Korn, in containers holding 2 litres or less

X

 

 

X

 

2208 90 56

– – – – – – – Other, in containers holding 2 litres or less

X

 

 

X

 

2208 90 69

– – – – – Other spirituous beverages, in containers holding 2 litres or less

X

 

 

X

X

2208 90 71

– – – – – Spirits distilled from fruit, in containers holding more than 2 litres

 

 

 

X

 

2208 90 77

– – – – – Other, in containers holding more than 2 litres

X

 

 

X

 

2208 90 78

– – – – Other spirituous beverages, in containers holding more than 2 litres

X

 

 

X

X

ex 2905

Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives:

 

 

 

 

 

2905 43 00

– – Mannitol

III

 

 

III

 

2905 44

– – D-glucitol (sorbitol)

III

 

 

III

 

ex 3302

Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:

 

 

 

 

 

3302 10

– Of a kind used in the food or drink industries:

 

 

 

 

 

3302 10 29

– – – – – Other

X

 

 

X

X

3501

Casein, caseinates and other casein derivatives; casein glues:

 

 

 

 

 

3501 10

– Casein

 

 

 

 

III

3501 90

– Other:

 

 

 

 

 

3501 90 10

– – Casein glues

 

 

 

 

X

3501 90 90

– – Other:

 

 

 

 

III

ex 3502

Albumins, (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives:

 

 

 

 

 

– Egg albumin:

 

 

 

 

 

3502 11

– – Dried

 

 

 

 

 

3502 11 90

– – – Other

 

 

III

 

 

3502 19

– – Other

 

 

 

 

 

3502 19 90

– – – Other

 

 

III

 

 

3502 20

– Milk albumins: (Lactalbumins)

 

 

 

 

 

3502 20 91 and 3502 20 99

– – Other

 

 

 

 

III

ex 3505

Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches, excluding starches of heading No 3505 10 50

X

X

 

 

 

3505 10 50

– – – Starches, esterified or etherified

X

 

 

 

 

ex 3809

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included:

 

 

 

 

 

3809 10

– With a basis of amylaceous substances

X

X

 

 

 

ex 3824

Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included:

 

 

 

 

 

3824 60

– Sorbitol other than that of subheading 2905 44

III

 

 

III

 


(1)  Council Regulation (EC) No 1784/2003 (OJ L 270, 21.10.2003, p. 78).

(2)  Council Regulation (EC) No 1785/2003 (OJ L 270, 21.10.2003, p. 96).

(3)  Council Regulation (EEC) No 2771/75 (OJ L 282, 1.11.1975, p. 45).

(4)  Council Regulation (EC) No 1260/2001 (OJ L 178, 30.6.2001, p. 1).

(5)  Council Regulation (EC) No 1255/1999 (OJ L 160, 26.6.1999, p. 48).

(6)  Containing no more than 6 % of cocoa.


ANNEX III

Reference Quantity as referred to in Article 11

CN code

Description

Common wheat

Durum wheat

Maize (corn)

Wholly milled long-grain rice

Wholly milled round-grain rice

Barley

White sugar

Whey (PG1)

Skimmed-milk powder (PG2)

Eggs in shell

1

2

3

4

5

6

7

8

9

10

11

12

0710

Vegetables (uncooked or cooked by steaming or boiling in water), frozen:

 

 

 

 

 

 

 

 

 

 

0710 40 00

– Sweet corn

 

 

 

 

 

 

 

 

 

 

 

– – In grain form

 

 

100 (1)

 

 

 

 

 

 

 

0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

 

 

 

 

 

 

 

 

 

 

0711 90 30

– – – Sweet corn

 

 

 

 

 

 

 

 

 

 

 

– – – – In grain form

 

 

100 (1)

 

 

 

 

 

 

 

1902

Pasta, (whether or) not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

 

 

 

 

 

 

 

 

 

 

– Uncooked pasta, not stuffed or otherwise prepared

 

 

 

 

 

 

 

 

 

 

1902 11 00

– – Containing eggs

 

 

 

 

 

 

 

 

 

 

– – – Of durum wheat, not containing or containing not more than 3 % by weight of other cereals, with an ash content (by weight) in the dry matter (2)

 

 

 

 

 

 

 

 

 

 

– – – – Not exceeding 0,95 %

 

160 (3)

 

 

 

 

 

 

 

 (4)

– – – – Exceeding 0,95 %, but not exceeding 1,10 %

 

150 (3)

 

 

 

 

 

 

 

 (4)

– – – – Exceeding 1,10 %, but not exceeding 1,30 %

 

140 (3)

 

 

 

 

 

 

 

 (4)

– – – – Exceeding 1,30 %

 

0

 

 

 

 

 

 

 

 

– – – Other, of cereals:

 

 

 

 

 

 

 

 

 

 

– – – – Containing 80 % or more by weight of durum wheat, with an ash content (by weight) in the dry matter (2):

 

 

 

 

 

 

 

 

 

 

– – – – – Not exceeding 0,87 %

32

128 (3)

 

 

 

 

 

 

 

 (4)

– – – – – Exceeding 0,87 %, but not exceeding 0,99 %

30

120 (3)

 

 

 

 

 

 

 

 (4)

– – – – – Exceeding 0,99 %, but not exceeding 1,15 %

28

112 (3)

 

 

 

 

 

 

 

 (4)

– – – – – Exceeding 1,15 %

0

0

 

 

 

 

 

 

 

 

– – – – Containing less than 80 % by weight of durum wheat, with an ash content (by weight) in the dry matter (2):

 

 

 

 

 

 

 

 

 

 

– – – – – Not exceeding 0,75 %

80

80 (3)

 

 

 

 

 

 

 

 (4)

– – – – – Exceeding 0,75 %, but not exceeding 0,83 %

75

75 (3)

 

 

 

 

 

 

 

 (4)

– – – – – Exceeding 0,83 %, but not exceeding 0,93 %

70

70 (3)

 

 

 

 

 

 

 

 (4)

– – – – – Exceeding 0,93 %

0

0

 

 

 

 

 

 

 

 

– – – Other (other than of cereals): see Annex II

 

 

 

 

 

 

 

 

 

 

1902 19

– – Other (i.e. other than containing eggs):

 

 

 

 

 

 

 

 

 

 

– – – Of durum wheat, not containing or containing not more than 3 % by weight of other cereals, with an ash content (by weight) in the dry matter:

 

 

 

 

 

 

 

 

 

 

– – – – Not exceeding 0,95 %

 

160

 

 

 

 

 

 

 

 

– – – – Exceeding 0,95 %, but not exceeding 1,10 %

 

150

 

 

 

 

 

 

 

 

– – – – Exceeding 1,10 %, but not exceeding 1,30 %

 

140

 

 

 

 

 

 

 

 

– – – – Exceeding 1,30 %

 

0

 

 

 

 

 

 

 

 

– – – Other, of cereals:

 

 

 

 

 

 

 

 

 

 

– – – – Containing 80 % or more by weight of durum wheat, with an ash content (by weight) in the dry matter:

 

 

 

 

 

 

 

 

 

 

– – – – – Not exceeding 0,87 %

32

128

 

 

 

 

 

 

 

 

– – – – – Exceeding 0,87 %, but not exceeding 0,99 %

30

120

 

 

 

 

 

 

 

 

– – – – – Exceeding 0,99 %, but not exceeding 1,15 %

28

112

 

 

 

 

 

 

 

 

– – – – – Exceeding 1,15 %

0

0

 

 

 

 

 

 

 

 

– – – – Containing less than 80 % by weight of durum wheat, with an ash content (by weight) in the dry matter:

 

 

 

 

 

 

 

 

 

 

– – – – – Not exceeding 0,75 %

80

80

 

 

 

 

 

 

 

 

– – – – – Exceeding 0,75 %, but not exceeding 0,83 %

75

75

 

 

 

 

 

 

 

 

– – – – – Exceeding 0,83 %, but not exceeding 0,93 %

70

70

 

 

 

 

 

 

 

 

– – – – – Exceeding 0,93 %

0

0

 

 

 

 

 

 

 

 

– – – Other (other than of cereals): see Annex II

 

 

 

 

 

 

 

 

 

 

1902 40

– Couscous:

 

 

 

 

 

 

 

 

 

 

1902 40 10

– – Unprepared:

 

 

 

 

 

 

 

 

 

 

– – – Of durum wheat, not containing or containing not more than 3 % by weight of other cereals, with an ash content (by weight) in the dry matter (2):

 

 

 

 

 

 

 

 

 

 

– – – – Not exceeding 0,95 %

 

160

 

 

 

 

 

 

 

 

– – – – Exceeding 0,95 %, but not exceeding 1,10 %

 

150

 

 

 

 

 

 

 

 

– – – – Exceeding 1,10 %, but not exceeding 1,30 %

 

140

 

 

 

 

 

 

 

 

– – – – Exceeding 1,30 %

 

0

 

 

 

 

 

 

 

 

– – – Other (other than of durum wheat): see Annex II

 

 

 

 

 

 

 

 

 

 

1902 40 90

– – Other (prepared): see Annex II

 

 

 

 

 

 

 

 

 

 

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included:

 

 

 

 

 

 

 

 

 

 

1904 10

– Prepared foods obtained by the swelling or roasting of cereals or cereal products:

 

 

 

 

 

 

 

 

 

 

ex 1904 10 30

– – Obtained from rice:

 

 

 

 

 

 

 

 

 

 

– – – Unsweetened puffed rice

 

 

 

 

165

 

 

 

 

 

1904 20

– Prepared foods obtained from unroasted cereal flakes or from mixtures of unroasted cereal flakes and roasted cereal flakes or swelled cereals

 

 

 

 

 

 

 

 

 

 

ex 1904 20 95

– – – Obtained from rice:

 

 

 

 

 

 

 

 

 

 

– – – – Unsweetened puffed rice

 

 

 

 

165

 

 

 

 

 

1904 90

– Other:

 

 

 

 

 

 

 

 

 

 

ex 1904 90 10

– – Rice:

 

 

 

 

 

 

 

 

 

 

– – – Pre-cooked rice (5)

 

 

 

120

 

 

 

 

 

 

2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

 

 

 

 

 

 

 

 

 

 

ex 2001 90 30

– – Sweet corn (Zea mays var. saccharata)

 

 

 

 

 

 

 

 

 

 

– – – In grain form

 

 

100 (1)

 

 

 

 

 

 

 

2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading No 2006:

 

 

 

 

 

 

 

 

 

 

ex 2004 90 10

– – Sweet corn (Zea mays var. saccharata)

 

 

 

 

 

 

 

 

 

 

– – – In grain form

 

 

100 (1)

 

 

 

 

 

 

 

2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading No 2006:

 

 

 

 

 

 

 

 

 

 

ex 2005 80 00

– Sweet corn (Zea mays var. saccharata)

 

 

 

 

 

 

 

 

 

 

– – In grain form

 

 

100 (1)

 

 

 

 

 

 

 

2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:

 

 

 

 

 

 

 

 

 

 

ex 2008 99 85

– – – – – Maize (corn), in grain form, other than sweet corn (Zea mays var. Saccharata): 

 

 

 

 

 

 

 

 

 

 

– – – – – – In grain form

 

 

60 (1)

 

 

 

 

 

 

 

ex 2202 90 10

– – – Beer made from malt, of an actual alcoholic strength by volume not exceeding 0,5 % vol:

 

 

 

 

 

 

 

 

 

 

– – – – Made from barley malt or wheat malt, not containing added unmalted cereals, rice (or products resulting from the processing thereof) or sugar (sucrose or invert sugar)

 

 

 

 

 

23 (6)  (9)

 

 

 

 

– – – – – Other

 

 

 

 

 

22 (6)  (9)

 

 

 

 

2905

Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivates:

 

 

 

 

 

 

 

 

 

 

– Polyhydric alcohols:

 

 

 

 

 

 

 

 

 

 

2905 43 00

– – Mannitol:

 

 

 

 

 

 

 

 

 

 

– – – Obtained from sucrose covered by Regulation (EC) No 1260/2001

 

 

 

 

 

 

102

 

 

 

– – – Obtained from amylaceous products covered by Regulation (EC) No 1784/2003

 

 

242

 

 

 

 

 

 

 

2905 44

– – D-glucitol (sorbitol)

 

 

 

 

 

 

 

 

 

 

– – – In aqueous solution:

 

 

 

 

 

 

 

 

 

 

2905 44 11

– – – – Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

 

 

 

 

 

 

 

 

 

 

– – – – – Obtained from amylaceous products

 

 

169 (7)

 

 

 

 

 

 

 

– – – – – Obtained from sucrose

 

 

 

 

 

 

71 (7)

 

 

 

2905 44 19

– – – – Other:

 

 

 

 

 

 

 

 

 

 

– – – – – Obtained from amylaceous products

 

 

148 (7)

 

 

 

 

 

 

 

– – – – – Obtained from sucrose

 

 

 

 

 

 

71 (7)

 

 

 

2905 44 91

– – – – Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

 

 

 

 

 

 

 

 

 

 

– – – – – Obtained from amylaceous products

 

 

242

 

 

 

 

 

 

 

– – – – – Obtained from sucrose

 

 

 

 

 

 

102

 

 

 

2905 44 99

– – – – Other:

 

 

 

 

 

 

 

 

 

 

– – – – – Obtained from amylaceous products

 

 

242

 

 

 

 

 

 

 

– – – – – Obtained from sucrose

 

 

 

 

 

 

102

 

 

 

3501

Casein, caseinates and other casein derivatives; casein glues:

 

 

 

 

 

 

 

 

 

 

3501 10

– Casein

 

 

 

 

 

 

 

 

291 (8)

 

3501 90 90

– – Other

 

 

 

 

 

 

 

 

 

 

3502

Albumins, albuminates and other albumin derivatives:

 

 

 

 

 

 

 

 

 

 

– Egg albumin:

 

 

 

 

 

 

 

 

 

 

3502 11

– – Dried:

 

 

 

 

 

 

 

 

 

 

3502 11 90

– – – Other

 

 

 

 

 

 

 

 

 

406

3502 19

– – Other:

 

 

 

 

 

 

 

 

 

 

3502 19 90

– – – Other

 

 

 

 

 

 

 

 

 

55

3502 20

– Milk albumin: (Lactalbumin)

 

 

 

 

 

 

 

 

 

 

3502 20 91

– – – Dried (for example, in sheets, scales, flakes, powder)

 

 

 

 

 

 

 

900

 

 

3502 20 99

– – – Other

 

 

 

 

 

 

 

127

 

 

3824

Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included: residual products of the chemical or allied industries, not elsewhere specified or included:

 

 

 

 

 

 

 

 

 

 

3824 60

– Sorbitol other than of CN code 2905 44:

 

 

 

 

 

 

 

 

 

 

– – In aqueous solution:

 

 

 

 

 

 

 

 

 

 

3824 60 11

– – – Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

 

 

 

 

 

 

 

 

 

 

– – – – Obtained from of amylaceous products

 

 

169 (7)

 

 

 

 

 

 

 

– – – – Obtained from sucrose

 

 

 

 

 

 

71 (7)

 

 

 

3824 60 19

– – – Other:

 

 

 

 

 

 

 

 

 

 

– – – – Obtained from of amylaceous products

 

 

148 (7)

 

 

 

 

 

 

 

– – – – Obtained from sucrose

 

 

 

 

 

 

71 (7)

 

 

 

3824 60 91

– – – Containing 2 % or less by weight of D-mannitol, calculated on the D-glucitol content

 

 

 

 

 

 

 

 

 

 

– – – – Obtained from of amylaceous products

 

 

242

 

 

 

 

 

 

 

– – – – Obtained from sucrose

 

 

 

 

 

 

102

 

 

 

3824 60 99

– – – Other:

 

 

 

 

 

 

 

 

 

 

– – – – Obtained from of amylaceous products

 

 

242

 

 

 

 

 

 

 

– – – – Obtained from sucrose

 

 

 

 

 

 

102

 

 

 


(1)  This quantity refers to maize (corn) in grain form adjusted to correspond to a moisture content of 72 % by weight.

(2)  This content shall be determined by subtracting from the total ash content of the product that part of the ash which derives from the eggs incorporated therein, on a basis of 0,04 % by weight of ash per 50 g, rounded down to the nearest 50 g.

(3)  This amount shall be reduced by 1,6 kg/100 kg per 50 g of eggs in shell (or the equivalent thereof in other egg products) per kilogram of pasta.

(4)  5 kg/100 kg per 50 g of eggs in shell (or the equivalent thereof in other egg products) per kilogram of pasta, any intermediate amount being rounded down to the nearest 50 g.

(5)  Pre-cooked rice means wholly milled rice in grains which has been pre-cooked and partially dried in order to facilitate final cooking.

(6)  This quantity applies to beer of not less than 11° Plato and not more than 12° Plato. For beer of less than 11° Plato, this quantity shall be reduced by 9 % per degree Plato, the actual strength being rounded down to the nearest degree Plato. For beer of more than 12° Plato, this quantity shall be increased by 9 % per degree Plato, the actual strength being rounded up to the nearest degree Plato.

(7)  The quantities indicated in columns 5 and 9 for an aqueous solution of D-glucitol (sorbitol) apply to a dry-matter content of 70 % by weight. For aqueous solutions of sorbitol with a different dry-matter content, these quantities shall, as appropriate, be increased or reduced in proportion to the actual dry-matter content, and rounded down to the nearest kilogram.

(8)  Quantity determined, depending on the casein used, on the basis of 291 kg of skimmed milk powder (Product Group 2) per 100 kg of casein.

(9)  Per hectolitre of beer.


ANNEX IV

Goods for which the amounts of basic product may be determined on the basis of chemical analysis — together with relevant table as referred to in Article 51

CN code

Description

Data obtained from the analysis of the goods

Nature of the basic products in respect of which the refund is granted

Amount of basic product in respect of which the refund is granted (per 100 kg of goods)

1

2

3

4

5

1704

Sugar confectionery (including white chocolate), not containing cocoa:

 

 

 

1704 10

– Chewing gum, whether or not sugar-coated

1.

Sucrose (1)

1.

White sugar

1.

1 kg per 1 % by weight of sucrose (1)

2.

Glucose (2)

2.

Maize (corn)

2.

2,1 kg per 1 % by weight of glucose (2)

1704 90 30 to 1704 90 99

– – Other

1.

Sucrose (1)

1.

White sugar

1.

1 kg per 1 % by weight of sucrose (1)

2.

Glucose (2)

2.

Maize (corn)

2.

2,1 kg per 1 % by weight of glucose (2)

3. (a)

With a milk fat content of less than 12 % by weight

3. (a)

Whole-milk powder (PG3)

3. (a)

3,85 kg per 1 % by weight of milk fat

(b)

With a milk fat content of 12 % or more by weight

(b)

Butter (PG6)

3. (b)

1,22 kg per 1 % by weight of milk fat

1806

Chocolate and other food preparations containing cocoa

 

 

 

1806 10

– Cocoa powder, containing added sugar or other sweetening matter

1.

Sucrose (1)

1.

White sugar

1.

1 kg per 1 % by weight of sucrose (1)

2.

Glucose (2)

2.

Maize (corn)

2.

2,1 kg per 1 % by weight of glucose (