1998R2106 — EN — 02.04.1999 — 003.001 — 1
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►B COMMISSION REGULATION (EC) No 2106/98
of 1 October 1998
laying down special measures derogating from Regulations (EEC) No 3665/87 and (EEC) No
3719/88 as regards beef and veal
(OJ L 267, 2.10.1998, p. 5)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2157/98 of 7 October1998 L 271 16 8.10.1998
►M2Commission Regulation (EC) No 2790/98 of 22 December1998 L 347 34 23.12.1998
►M3Commission Regulation (EC) No 682/1999 of 29 March 1999 L 86 3 30.3.1999
Corrected by:
►C1Corrigendum, OJ L 125, 19.5.1999, p. 41 (682/1999)
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▼B
COMMISSION REGULATION (EC) No 2106/98
of 1 October 1998
laying down special measures derogating from Regulations (EEC)
No 3665/87 and (EEC) No 3719/88 as regards beef and veal
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 organisation of the market in beef and veal (1), as last
amended by Regulation (EC) No 1633/98 (2), and in particular Articles
13(12) and 25 thereof,
Whereas Council Regulation (EEC) No 565/80 (3), as amended by
Regulation (EEC) No 2026/83 (4), lays down general rules on the
advance payment of export refunds in respect of agricultural products;
Whereas Commission Regulation (EEC) No 3665/87 (5), as last
amended by Regulation (EC) No 604/98 (6), lays down common
detailed rules for the application of the system of export refunds onagricultural products;
Whereas Commission Regulation (EEC) No 3719/88 (
7), as last
amended by Regulation (EC) No 1044/98 (8), lays down common
detailed rules for the application of the system of import and exportlicences and advance-fixing certificates for agricultural products;
Whereas Commission Regulation (EC) No 1445/95 (
9), as last amended
by Regulation (EC) No 759/98 (10), lays down rules of application for
import and export licences in the beef and veal sector;
Whereas the problems prevailing on the market in Russia since the
second half of August 1998 have seriously damaged the economicinterests of exporters; whereas the situation thus created has adverselyaffected export possibilities provided for in Regulations (EEC) No565/80, (EEC) No 3665/87 and (EEC) No 3719/88;
Whereas it is accordingly necessary to limit such damaging
consequences by adopting special measures and extending certain timelimits laid down in the regulations applicable to refunds so that exportoperations which have not been completed on account of the abovemen-tioned circumstances can be regularised;
Whereas, in the light of developments, this Regulation should enter into
force immediately;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee forBeef and Veal,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation shall apply to the products listed in Article 1(1) of
Regulation (EEC) No 805/68 forwhich expor t licences containing theindication ‘Russia' in box 7 in accordance with Article 8(3) of Regula-tion (EC) No 1445/95 have been issued.
(1) OJ L 148, 28. 6. 1968, p. 24.
(2) OJ L 210, 28. 7. 1998, p. 17.
(3) OJ L 62, 7. 3. 1980, p. 5.
(4) OJ L 199, 22. 7. 1983, p. 12.
(5) OJ L 351, 14. 12. 1987, p. 1.
(6) OJ L 80, 18. 3. 1998, p. 19.
(7) OJ L 331, 2. 12. 1988, p. 1.
(8) OJ L 149, 20. 5. 1998, p. 11.
(9) OJ L 143, 27. 6. 1995, p. 35.
(10) OJ L 105, 4. 4. 1998, p. 7.
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▼M1
It shall also apply to the products mentioned above for which exportlicences have been issued containing in box 7 the mention of anothercountry in the same zone as Russia, as defined in Annex II to Commis-sion Regulation (EC) No 1560/98 (
1), on condition that the operator
shows, to the satisfaction of the competent authority, the intention touse the licences with a view to carry out exports to Russia.
The evaluation of the competent authority, shall be based, in particular,
on the commercial documents mentioned in Article 1(2) of CouncilRegulation (EC) No 4045/89 (
2).
▼M2
Article 2
1. On application by the holder, export licences issued pursuant to
Regulation (EC) No 1445/95 and applied forpr iorto 29 August 1998,with the exception of licences the term of validity of which expiredbefore 17 August 1998, are hereby cancelled and the securities shall bereleased.
2. On application by the operator, the latter shall reimburse any
refund paid in advance on products the customs export formalities forwhich were completed by 29 August 1998 at the latest but which havenot yet left the customs territory of the Community or which have beenplaced under any of the arrangements provided for in Articles 4 and 5of Regulation (EEC) No 565/80 and the various securities relating tosuch operations shall be released.
▼
M3
▼C1
3. Notwithstanding Article 6(1) of Regulation (EEC) No 1964/82 (
3), should the total quantity of boned meat not have been exported
by 29 August 1998, paragraph 2 shall apply and the special refund shallbe retained by the exporter for the quantities declared to have beenexported and released for consumption in a third country.
▼
B
Article 3
The 20 % reduction referred to in the second indent of Article 20(3)(b)
and the 15 % and 20 % increases referred to in Article 23(1) and thesecond subparagraph of Article 33(1) respectively of Regulation (EEC)No 3665/87 shall not apply to exports carried out under cover oflicences applied for before 29 August 1998, provided that customsformalities for release for consumption in the third country arecompleted afterthat date.
Article 4
1. On application by the exporter and in respect of products for
which customs export formalities were completed before 29 August1998 or which were placed under any of the arrangements referred to inArticles 4 and 5 of Regulation (EEC) No 565/80 before that date, the60-day time limit referred to in Article 30(1)(b)(i) of Regulation (EEC)No 3719/88 and in Articles 4(1) and 32(1) of Regulation (EEC) No3665/87 shall be increased to ►
M2210 days ◄.
2. Products for which customs export formalities were completed
before 29 August 1998 may, before reaching their final destination, bere-introduced into the customs territory of the Community and placedunder suspension arrangements in a free zone or free warehouse for 120days without this calling payment of the refund into question.
(1) OJ L 202, 18.7.1998, p. 58.
(2) OJ L 388, 21.12.1989, p. 18.
(3) OJ L 212, 21.7.1982, p. 48.
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▼M2
Article 5
Each Thursday, Member States shall notify the quantities of products
covered during the preceding week by the measures referred to inArticle 2(1) and (2), specifying the date of issue of the licences and thecategory concerned.
▼
B
Article 6
This Regulation shall enterinto for ce on the day following its publica-
tion in the Official Journal of the European Communities .
▼M1
It is applicable from 17 August 1998.
▼B
This Regulation shall be binding in its entirety and directly applicable inall MemberStates.