2001R0795 — EN — 05.07.2001 — 001.001 — 1
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►B COMMISSIONREGULATION(EC)No795/2001
of25April2001
onspecialmeasuresderogatingfromRegulations(EC)No174/1999,(EC)No800/1999and(EC)No
1291/2000inthemilkandmilkproductssector
(OJ L 116, 26.4.2001, p. 14)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1342/2001 of 3 July 2001 L 181 15 4.7.2001
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COMMISSIONREGULATION(EC)No795/2001
of25April2001
onspecialmeasuresderogatingfromRegulations(EC)No174/1999,
(EC) No 800/1999 and (EC) No 1291/2000 in the milk and milk
productssector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1255/1999 of 17 May
1999 on the common organisation of the market in milk and milkproducts(
1), as last amended by Regulation (EC) No 1670/2000(2), and
in particular Article 26(3), Article 31(14) and Article 40 thereof,
Whereas:
(1)Cases of foot-and-mouth disease were discovered on 20 February,
13, 21 and 22 March 2001 in the United Kingdom, France, theNetherlands and Ireland. These triggered the adoption of
protective measures in the United Kingdom by Commission
Decision 2001/145/EC(
3), replaced by Decision 2001/172/EC(4),
in its turn amended by Decision 2001/190/EC(5); in France by
Commission Decision 2001/208/EC(6); in the Netherlands by
Commission Decision 2001/223/EC(7) and in Ireland by
Commission Decision 2001/234/EC(8).
(2)Commission Regulation (EC) No 800/1999(9), as last amended by
Regulation (EC) No 90/2001(10), lays down common detailed
rules for the application of the system of export refunds onagricultural products.
(3)Commission Regulation (EC) No 1291/2000(11) lays down
common detailed rules for the application of the system ofimport and export licences and advance fixing certificates foragricultural products.
(4)Commission Regulation (EC) No 174/1999(12), as last amended
by Regulation (EC) No 2884/2000(13), lays down special detailed
rules for the application of Council Regulation (EEC) No 804/
68(14), as last amended by Regulation (EC) No 1587/96(15), as
regards export licences and export refunds in the case of milk andmilk products.
(5)The lengthy procedures for the issue of animal health certificatespractised by certain Member States relating to the protectivemeasures adopted by the relevant Decisions and measures taken
by third countries resulting in import restrictions have adversely
affected the financial interests of the exporters. The situation thuscreated has affected export opportunities under the conditions laiddown in Regulations (EC) No 174/1999, (EC) No 800/1999 and(EC) No 1291/2000.
(6)Those adverse effects must be limited by the adoption of specialmeasures, and certain time limits laid down in Regulations (EC)
No 174/1999, (EC) No 800/1999 and (EC) No 1291/2000 relating2001R0795 — EN — 05.07.2001 — 001.001 — 2
(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 53, 23.2.2001, p. 25.
(4) OJ L 62, 2.3.2001, p. 22.
(5) OJ L 67, 9.3.2001, p. 88.
(6) OJ L 73, 15.3.2001, p. 38.
(7) OJ L 82, 22.3.2001, p. 29.
(8) OJ L 84, 23.3.2001, p. 62.
(9) OJ L 102, 17.4.1999, p. 11.
(10) OJ L 14, 18.1.2001, p. 22.
(11) OJ L 152, 24.6.2000, p. 1.
(12) OJ L 20, 27.1.1999, p. 8.
(13) OJ L 333, 29.12.2000, p. 76.
(14) OJ L 148, 28.6.1968, p. 13.
(15) OJ L 206, 16.8.1996, p. 21.
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to certain export operations which could not be completed
because of the circumstances mentioned, should be extended. Inparticular, operators who have already competed customs export
formalities or placed their products under customs supervision
should be allowed the same benefit derived from extending theterm of licence validity by means of extending the transport timelimit as provided for in Regulation (EC) No 800/1999.
(7)Only those operators who can prove, on the basis of thedocuments referred to in Article 1(2) of Council Regulation(EEC) No 4045/89(
1), as last amended by Regulation (EC) No
3235/94(2), that they were unable to carry out the export
operations within the time limits laid down as a result of the
circumstances mentioned above should be allowed to benefit fromthe derogations.
(8)In view of the rate at which events are developing this Regulationmust enter into force immediately.
(9)The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for Milk andMilk Products,
HAS ADOPTED THIS REGULATION:
Article 1
1. The following provisions shall apply to the products listed in
Section 9 of Annex I to Regulation (EEC) No 3846/87, provided that the
exporter concerned can supply proof to the satisfaction of the competent
authorities that he was not able to complete the export operations as aresult of measures adopted under Community legislation or of animalhealth measures adopted by authorities in third countries of destinationowing to the discovery of cases of foot-and-mouth disease in the
Community.
The competent authorities shall base their assessment on the commercial
documents referred to in Article 1(2) of Regulation (EEC) No 4045/89.
2. Notwithstanding Article 6 of Regulation (EC) No 174/1999, the
term of validity of export licences issued pursuant to that Regulation and
applied for by no later than 22 March 2001 shall be extended onapplication by the holder by:
— five months for licences expiring on 31 March 2001,
— four months for licences expiring on 30 April 2001,
— three months for licences expiring on 31 May 2001,— two months for licences expiring on 30 June 2001,— one month for licences expiring on 31 July 2001.
3. By derogation from Article 32(1)(b)(i) of Regulation (EC) No
1291/2000 and from Article 7(1) and Article 34(1) of Regulation (EC)No 800/1999, at the request of the exporter and in respect of products forwhich the customs export formalities have been completed by 29 March
2001 at the latest, the time limit of 60 days shall be extended to 150
days.
4. The increases of 10 % and 15 % referred to in Article 25(1) and in
the second subparagraph of Article 35(1) respectively of Regulation(EC) No 800/1999 shall not apply to exports effected under licences
applied for by 22 March 2001 at the latest.
Where the right to a refund is lost the penalty laid down in Article
51(1)(a) of Regulation (EC) No 800/1999 shall not apply.2001R0795 — EN — 05.07.2001 — 001.001 — 3
(1) OJ L 388, 30.12.1989, p. 18.
(2) OJ L 338, 28.12.1994, p. 16.▼M1
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Article 2
The Member States shall notify the Commission by fax ((32-
2) 295 33 10):
— by no later than 10 July 2001 as regards the period 27 April to 30
June 2001, and
— by no later than the 10th day of each month as regards the preceding
month, as from the notification of data for July,
of particulars relating to the products covered by each of the measures
laid down in this Regulation, the number and date of issue of the licence,the code of the export refund nomenclature and the code of thenomenclature of countries and territories for the external trade statistics
of the Community shown in box 7 of the licence, the quantity of the
products, the original term of validity and the extended term of validity.
Article 3
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2001R0795 — EN — 05.07.2001 — 001.001 — 4
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