1997R2616 — EN — 02.01.1998 — 000.001 — 1
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►B COMMISSIONREGULATION(EC)No2616/97
of16December 1997
amending Regulation (EC) No 1445/95 on rules of application for import and export licences in
thebeefandvealsector
(OJ L 353, 24.12.1997, p. 8)
Corrected by:
►C1Corrigendum, OJ L 6, 10.1.1998, p. 42 (2616/97)
►C2Corrigendum, OJ L 52, 21.2.1998, p. 38 (2616/97)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EC)No2616/97
of16December 1997
amending Regulation (EC) No 1445/95 on rules of application for
importandexportlicences inthebeefandvealsector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 805/68 of 27 June
1968 on the common organization of the market in beef and veal(1),
aslas t amended by Regulation (EC) No 2321/97(2), and in paricular
Articles9 and 13 thereof,
Whereas Article 7 of Commission Regulation (EC) No 1445/95 of 26
June 1995 on rulesof application for import and export licencesin the
beef and veal sector and repealing Regulation (EEC) No 2377/80(3), as
last amended by Regulation (EC) No 2469/97(4), providesthat all
exportation of productsmus t, for an export refund to be claimed,require the issuing of an export licence with advance fixing of therefund;
Whereas to ensure the sound management of exports and especially of
frozen beef from intervention stocks intended for export to certain thirdcountrieswithout a refund, all exportation of the productsreferred to in
Article 1 (1) (a) of Regulation (EEC) No 805/68 or falling within CN
codes0102 10, 1602 50 31 to 1602 50 80 and 1602 90 69 s hould bemade subject therefore to the issue of an export licence;
Whereas, as a result of this new requirement, certain technical amend-
mentswill need to be made in particular asregardsthe period ofvalidity of licences, the amount of the security and the notificationsfrom the Member States;
Whereasthe Management Committee for Beef and Veal hasnot deliv-
ered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1445/95 ishereby amended asfollows :
1. Article 7 isreplaced by the following:
‘Article 7
All exportation of productslis ted in Article 1 (1) (a) of Regulation
(EEC) No 805/68 or of CN codes0102 10, 1602 50 31 to1602 50 80 and 1602 90 69 shall require the issuing of an►
C2export licence. ◄’;
2. Article 8 isreplaced by the following:
‘Article 8
1. The period of validity of licencesfor exportsof productsfor
which a refund is claimed and which are subject to the issuing of
an export licence with advance fixing of the refund shall be:
— 75 daysfor productsfalling within CN codes0102 and 1602,
— 30 daysfor other products ,
from the date of issue within the meaning of Article 21 (2) of Regu-
lation (EEC) No 3719/88.
The validity of licences for exports of beef and veal issued under the
procedure laid down in Article 44 of Regulation (EEC) No 3719/881997R2616 — EN — 02.01.1998 — 000.001 — 2
(1) OJ L 148, 28. 6. 1968, p. 24.
(2) OJ L 322, 25. 11. 1997, p. 25.
(3) OJ L 143, 27. 6. 1995, p. 35.
(4) OJ L 341, 12. 12. 1997, p. 8.
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shall however expire at the end of the fourth month following the
date of issue within the meaning of ►C1Article 21 (1) ◄of that
Regulation.
2. The period of validity of licencesfor exportsfor which no
refund isclaimed s hall be:
— 45 daysfor exportsof frozen beef from intervention,
— 60 daysfor other products ,
from the date of issue within the meaning of Article 21 (1) of Regu-
lation (EEC) No 3719/88.
Licence applications and licences shall contain in box 20 the words:
— “Intervention productswithout refund ►C2(Regulation (EC)
No )◄” in the case of the licences referred to in the first
indent,
— “Without refund” in the case of the licences referred to in the
second indent.
3. Licence applicationsand licencess hall contain in box 15 the
product description, in box 16 the 12-figure code of the agricultural
product export refund nomenclature and in box 7 the country ofdestination.
4. The product categoriesindicated in the s econd paragraph of
Article 13a of Regulation (EEC) No 3719/88 are listed in AnnexIII.’;
3. Article 9 isreplaced by the following:
‘Article 9
1. The security for licences with advance fixing of the refund
shall be:
(a) ECU 44 per head for live animals;
(b) ECU 29 per 100 kg for productsfalling within code
0201 30 00 9100 of the agricultural product export refundnomenclature;
(c) ECU 16 per 100 kg net weight for other products.
2. The security for licences other than those referred to in para-
graph 1 shall be:
(a) ECU 7 per head for live animals;
(b) ECU 3 per 100 kg net weight for other products.’;
4. Article 10 (1) isreplaced by the following:
‘1. Export licenceswith advance fixing of the refund asreferred
to in Article 8 (1) shall be issued on the fifth working day followingthat on which the application waslodged provided that no s pecificaction asindicated in paragraph 2 hasbeen taken by the Commis -
sion in the meantime. This time lag shall not, however, apply to
exportscovered by Article 14a of Regulation (EEC) No 3719/88.’;
5. Article 11 isreplaced by the following:
‘Article 11
1. Quantitiesexported within the tolerance referred to in Article 8
(4) of Regulation (EEC) No 3719/88 shall not confer entitlement topayment of a refund where exportation takesplace under a licenceasreferred to in Article 8 (1) and the licence containsthe followingentry in box 22:
“Refund valid for … tonnes(quantity for which licence is
issued).”
2. The second indent of Article 20 (3) (b) of Commission Regu-
lation (EEC) No 3665/87(*) shall not apply to special export
refunds granted on boned meat pursuant to Commission Regulation1997R2616 — EN — 02.01.1998 — 000.001 — 3
(*) OJ L 351, 14. 12. 1987, p. 1.
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(EEC) No 1964/82(*) if the productsare or have been placed under
the procedure specified in Article 5 of Council Regulation (EEC)No 565/80(**).’;
6. Article 13 (1) isreplaced by the following:
‘1. Member States shall notify the Commission:
— on Monday and Thursday of each week by 12 noon at the latest
of:
(a) 1.1. applicationsfor licenceswith advance fixing of the
refund asreferred to in Article 8 (1) or the fact that noapplicationshave been made;
1.2. applicationsfor licencesasreferred to in Article 44 of
Regulation (EEC) No 3719/88 or the fact that no appli-
cationshave been made;
1.3. applicationsfor licencesasreferred to in the firs t indent
of Article 8 (2)
lodged up to the last working day preceding the day of noti-
fication;
(b) 1.1. the quantities for which licences have been issued
pursuant to Article 10 (5) or the fact that no licenceshave been issued;
1.2. the quantities for which licences have been issued in
response to applications pursuant to Article 44 of Regu-lation (EEC) No 3719/88 with date of lodgement ofapplication and country of destination
up to the last working day preceding the day of notification;
(c) the quantitiesfor which export licence applicationshave
been withdrawn pursuant to Article 10 (4),
— before the 15th day of each month for the previousmonth:
(d) applicationsfor licencesasreferred to in Article 14a of
Regulation (EEC) No 3719/88;
(e) the quantities for which licences have been issued pursuant
to Article 8 (1) and not used;
(f) the unused balances of the quantities for which licences have
been issued under the first indent of Article 8 (2);
(g) applicationsfor licence asreferrd to in the s econd indent of
Article 8 (2).’;
7. Annex IV isreplaced by the Annex to thisRegulation.
Article 2
ThisRegulation s hall enter into force on 2 January 1998.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1997R2616 — EN — 02.01.1998 — 000.001 — 4
(*) OJ L 212, 21. 7. 1982, p. 48.
(**) OJ L 62, 7. 3. 1980, p. 5.
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ANNEX
‘ANNEX IV
Application of Regulation (EC) No 1445/95
COMMISSION OF THE EUROPEAN COMMUNITIES DG VI/D/2 — Beef/veal sector
Exportlicence notifications—beef/veal
1997R2616 — EN — 02.01.1998 — 000.001 — 5
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