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"B COMMISSION REGULATION (EC) No 23/2001
of 5 January 2001
laying down special measures for the beef sector that depart from the provisions of Regulation (EC) No
800/1999, Regulation (EEC) No 3719/88, Regulation (EC) No 1291/2000 and Regulation (EEC) No 1964/82
(OJ L 3, 6.1.2001, p. 7)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 652/2001 of 30 March 2001 L 91 60 31.3.20012001R0023 — EN — 01.04.2001 — 001.001 — 1
COMMISSION REGULATION (EC) No 23/2001
of 5 January 2001
laying down special measures for the beef sector that depart from the
provisions of Regulation (EC) No 800/1999, Regulation (EEC) No
3719/88, Regulation (EC) No 1291/2000 and Regulation (EEC) No
1964/82
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on
the common organisation of the market in beef and veal (
1), and in particular
Articles 29(2)(a), 33(12) and 41 thereof,
Whereas:(1) Council Regulation (EEC) No 565/80 (
2), as amended by Regulation
(EEC) No 2026/83 (3), lays down general rules on the advance
payment of export refunds in respect of agricultural products.
(2) Commission Regulation (EC) No 800/1999 (4), as amended by
Regulation (EC) No 1557/2000 (5), lays down common detailed rules
for the application of the system of export refunds on agricultural
products.
(3) Commission Regulation (EEC) No 3719/88 (6), as last amended by
Regulation (EC) No 1127/1999 (7), and Commission Regulation (EC)
No 1291/2000 (8) (for licences applied for from 1 October 2000) lay
down common detailed rules for the application of the system of
import and export licences and advance fixing certificates for
agricultural products.
(4) Commission Regulation (EC) No 1445/95 (9), as last amended by
Regulation (EC) No 1659/2000 (10), lays down rules of application for
import and export licences in the beef and veal sector.
(5) Commission Regulation (EEC) No 1964/82 (11), as last amended by
Regulation (EC) No 1470/2000 (12), lays down the conditions for
granting special export refunds on certain cuts of boned meat.
(6) Following the occurrence of cases of bovine spongiform encephalo-
pathy, the health measures taken by the authorities of certain thirdcountries in regard to exports of bovine animals and their meat have
seriously affected the financial interests of exporters. The possibilities
for exportation under the terms of Regulations (EEC) No 565/80, (EC)No 800/1999, (EEC) No 3719/88, (EC) No 1291/2000 and (EEC) No1964/82 have been seroiusly restricted.
(7) It is therefore necessary to limit the adverse impact on exporters by
adopting special provisions, notably the extension of certain time
limits set in the refund rules, applying to export operations that in these
circumstances it has not been possible to complete.
(8) These provisions should benefit only operators who can show on the
basis of the documents referred to in Article 1(2) of CouncilRegulation (EEC) No 4045/89 (
13), as last amended by Regulation
(EC) No 3235/94 (14), that they have in the circumstances been unable
to export and that their licences were requested in order to export to thecountries that have adopted the health measures in question.!B
(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 62, 7.3.1980, p. 5.
(3) OJ L 199, 22.7.1983, p. 12.
(4) OJ L 102, 17.4.1999, p. 11.
(5) OJ L 179, 18.7.2000, p. 6.
(6) OJ L 331, 2.12.1988, p. 1.
(7) OJ L 135, 29.5.1999, p. 48.
(8) OJ L 152, 24.6.2000, p. 1.
(9) OJ L 143, 27.6.1995, p. 35.
(10) OJ L 192, 28.7.2000, p. 10.
(11) OJ L 212, 21.7.1982, p. 48.
(12) OJ L 165, 6.7.2000, p. 16.
(13) OJ L 388, 30.12.1989, p. 18.
(14) OJ L 338, 28.12.1994, p. 16.2001R0023 — EN — 01.04.2001 — 001.001 — 2
(9) Given the way in which the situation has evolved, this Regulation
should be brought into force immediately.
(10) The measures provided for in this Regulation are in accordance with
the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
1. This Regulation shall apply to the products listed in Article 1(1) of
Regulation (EC) No 1254/1999.
2. It shall apply only in cases where the exporter shows to the satisfaction of
the competent authority that he was unable to export owing to the introduction
of health measures by the authorities of the countries of destination inresponse to the cases of bovine spongiform encephalopathy.
Competent authorities shall base their assessment on the commercial
documents referred to in Article 1(2) of Regulation (EEC) No 4045/89.
Article 2
1. At the holder’ s request export licences issued under Regulation (EC) No
1445/95 that were applied for by 20 February 2001 shall, if their validity didnot expire before 1 November 2000, be cancelled and the security released.
2. On application by the exporter in the case of products for which by 20
February 2001:
— the customs export formalities had been completed or which had been
placed under one of the customs control procedures referred to in Articles
4 and 5 of Regulation (EEC) No 565/80, the 60-day time limit for leaving
the Community’s customs territory referred to in Article 30(1)(b)(i) ofRegulation (EEC) No 3719/88, Article 32(1)(b)(i) of Regulation (EC) No1291/2000 and Articles 7(1) and 34(1) of Regulation (EC) No 800/1999
is raised to 210 days. The time limit shall not, however, extend beyond 31
December 2001,
— the customs export formalities had been completed but which had not yet
left the Community’s customs territory or which had been placed under
one of the customs control procedures referred to in Articles 4 and 5 ofRegulation (EEC) No 565/80, the exporter shall repay any refund paid inadvance and the various securities pertaining to the operations shall be
released,
— the customs formalities had been completed and which had left the
Community’s customs territory, they may be brought back and releasedfor free circulation in the Community. The exporter shall repay any
refund paid in advance and the various securities pertaining to the
operations shall be released,
— the customs formalities had been completed and which had left the
Community’s customs territory, they may be brought back to be placed
under a suspensive procedure in a free zone, free warehouse or customswarehouse for a maximum of 120 days before reaching their finaldestination; this shall not affect payment of the refund for the actual final
destination or the security lodged in respect of the licence.
Article 3
Notwithstanding the first subparagraph of Article 6(1) of Regulation (EEC)
No 1964/82, at the exporter’s request he shall, if the customs exportformalities or the formalities for placing goods under one of the customscontrol procedures referred to in Articles 4 and 5 of Regulation (EEC) No
565/80 were not completed by 20 February 2001 for the total quantity of meat
entered on a certificate as provided for in Article 4(1) of Regulation (EEC)No 1964/82 issued before 20 February 2001, retain the special refund on the
quantities exported and released for consumption in a third country. The
requirements of Article 6(2) and (3) of Regulation (EEC) No 1964/82 shallnot apply in these cases.!B
!M12001R0023 — EN — 01.04.2001 — 001.001 — 3
The above provisions shall also apply if, as a result of application of the
second or third indent of Article 2(2) of this Regulation, part of the totalquantity entered on the certificate provided for in Article 4(1) of Regulation(EEC) No 1964/82 has not been released for consumption in a third country.
Article 4
1. Article 18(3)(a), the 20 % reduction provided for in the second indent of
Article 18(3)(b), and the 10 % and 15 % increases provided for in Article
25(1) and the second subparagraph of Article 35(1) of Regulation (EC) No
800/1999 respectively shall not apply to exports made under licences appliedfor by 20 February 2001.
2. If entitlement to the refund is lost, the penalty specified in Article
51(1)(a) of Regulation (EC) No 800/1999 shall not apply.
Article 5
For each situation indicated in Article 2, Member States shall on Thursdays
notify the quantities of products concerned for the previous week, specifying
the date of issue of the licences and the respective category.
Article 6
This Regulation shall enter into force on the day following its publication in
theOfficial Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!M1
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