29.1.2000 Official Journal of the European Communities L 24/45 COMMISSION REGULATION (EC) No 238/2000 of 28 January 2000 amending Regulation (EC) No 1222/94 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 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 (!), as last amended by Commission Regulation (EC) No 2491/98 (3), and in particular the first subparagraph of Article 8(3) thereof, Whereas: 1) It is necessary to clarify the provisions of Articles 6, 6a to 6i and 7 of, and Annex F to, Commission Regulation (EC) No 1222/94 of 30 May 1994 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural prod- ucts exported in the form of goods not covered by Annex I to the Treaty and the criteria for fixing the amount of such refunds (*), as last amended by Regula- tion (EC) No 1702/1999 (4. It is expedient to stipulate that the certificate provided for in Article 6 of Regulation (EC) No 1222/94 is not transferable. In order to ensure that certificates relating to goods exported during a transitional period of seven months from 1 March 2000 to 30 September 2000 are adminis- tered on a sound basis, only one advance fixing should be allowed per certificate during that period. Moreover, it should be stated that this advance fixing applies to all rates in force on the date of the application. 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 securi- ties for agricultural products (°), as last amended by Regulation (EC) No 19321999 (%), should be clarified. During the transitional period, the Commission must be able to take measures if it considers that there is a danger that the European Union will not meet its inter- national obligations. 318, 20.12.1993, p. 18. 309, 19.11.1998, p. 28. 136, 30.5.1994, p. 5. 201, 31.7.1999, p. 30. 205, 3.8.1985, p. 5. 240, 10.9.1999, p. 11. (6) ) ®) (10) Certain phrases should be rewarded, certain methods of calculation and regulatory references concerning certi- ficates should be revised, and it should be stipulated that certain paragraphs do not apply to the transitional period. A clear distinction should also be made between the various statistical communications. Moreover, detailed rules on applying for and issuing certificates and extracts thereof should be laid down. The conditions under which refunds can be paid for exports not covered by a certificate should be specified. In order to enable the Commission to ensure that the international commitments of the European Union, as currently notified, cannot be exceeded, the procedure whereby the certificates are discharged should be stipu- lated. With a view to harmonising the use of certificates within the European Union, certain of their characteristics should be specified particularly as regards the applica- tion of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (), as last amended by Regulation (EC) No 1127/1999 (¥). The Management Committee on horizontal questions concerning trade in processed agricultural products not listed in Annex I did not deliver an opinion within the time limit laid down by its chairman, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 122294 is hereby amended as follows: 1. ) In the second subparagraph of Article 6(1) and the second subparagraph of Article 6h(1), food aid operation” is replaced by ‘international food aid operation within the meaning of Article 10(4) of the Agreement on Agriculture under the Uruguay Round'. In the first paragraph of Article 6d food aid operations’ is replaced by ‘international food aid operations within the meaning of Article 10(4) of the Agreement on Agriculture under the Uruguay Round'. () O] L 331, 2.12.1988, p. 1. 0] L 135, 29.5.1999, p. 48.