2001R0023 — EN — 21.09.2001 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No23/2001
of5January2001
layingdownspecialmeasuresforthebeefsectorthatdepartfromtheprovisionsofRegulation(EC)
No800/1999,Regulation(EEC)No3719/88,Regulation(EC)No1291/2000andRegulation(EEC)
No1964/82
(OJ L 3, 6.1.2001, p. 7)
Amended by:
OfficialJournal
No page date
►M1 Commission Regulation (EC) No 652/2001 of 30 March 2001 L 91 60 31.3.2001
►M2 Commission Regulation (EC) No 908/2001 of 8 May 2001 L 127 33 9.5.2001
►M3 Commission Regulation (EC) No 1840/2001 of 19 September 2001 L 251 4 20.9.2001
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COMMISSIONREGULATION(EC)No23/2001
of5January2001
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)
No1964/82
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to CouncilRegul ation (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) CouncilRegul ation (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 agriculturalproducts.
(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 onagricultural products.
(3) Commission Regulation (EEC) No 3719/88 (6), as last amended
by Regulation (EC) No 1127/1999 (7), and Commission Regula-
tion (EC) No 1291/2000 (8) (for licences applied for from 1
October 2000) lay down common detailed rules for theapplication of the system of import and export licences andadvance 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 specialexport refunds on certain cuts of boned meat.
(6) Following the occurrence of cases of bovine spongiform
encephalopathy, the health measures taken by the authorities ofcertain third countries in regard to exports of bovine animals andtheir 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) No3719/88, (EC) No 1291/2000 and (EEC) No 1964/82 have beenseroiusly restricted.
(7) It is therefore necessary to limit the adverse impact on exporters
by adopting specialprovisions, notabl y the extension of certain
time limits set in the refund rules, applying to export operationsthat in these circumstances it has not been possible to complete.
(8) These provisions should benefit only operators who can show onthe basis of the documents referred to in Article 1(2) of Council2001R0023 — EN — 21.09.2001 — 003.001 — 2
(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.
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Regulation (EEC) No 4045/89 (1), as last amended by Regulation
(EC) No 3235/94 (2), that they have in the circumstances been
unable to export and that their licences were requested in order to
export to the countries that have adopted the health measures in
question.
(9) Given the way in which the situation has evolved, this Regulationshould be brought into force immediately.
(10) The measures provided for in this Regulation are in accordancewith 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 exportowing to:
(a) the introduction of health measures by the authorities of the
countries of destination in response to the cases of bovinespongiform encephalopathy; or
(b) the introduction, in response to detection of cases of foot-and-mouth
disease in the Community, of measures adopted in line with
Community legislation or of health measures by the authorities of
the countries of destination.
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 30 March 2001 shall, if theirvalidity did not expire before 1 November 2000, be cancelled and thesecurity released.
2. On application by the exporter in the case of products for which by
30 March 2001:
— the customs export formalities had been completed or which had
been placed under one of the customs control procedures referred toin Articles 4 and 5 of Regulation (EEC) No 565/80, the 60-day timelimit for leaving the Community's customs territory referred to in
Article 32(1)(b)(i) of Regulation (EC) No 1291/2000 and Article
7(1) and Article 34(1) of Regulation (EC) No 800/1999 is extendedto 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 inArticles 4 and 5 of Regulation (EEC) No 565/80, the exporter shallrepay any refund paid in advance and the various securitiespertaining 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 andreleased for free circulation in the Community. The exporter shallrepay any refund paid in advance and the various securitiespertaining 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 be2001R0023 — EN — 21.09.2001 — 003.001 — 3
(1) OJ L 388, 30.12.1989, p. 18.
(2) OJ L 338, 28.12.1994, p. 16.▼M2
▼M3
▼M3
placed under a suspensive procedure in a free zone, free warehouse
or customs warehouse until31 December 2001 before reaching theirfinaldestination; this shal lnot affect payment of the refund for the
actualfinaldestination or the security l odged 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 customsexport formalities or the formalities for placing goods under one of thecustoms control procedures referred to in Articles 4 and 5 of Regulation
(EEC) No 565/80 were not completed by 30 March 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 30 March 2001, retainthe specialrefund on the quantities exported and rel eased forconsumption in a third country. The requirements of Article 6(5) of
Regulation (EEC) No 1964/82 shall not apply in these cases.
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) ofRegulation (EEC) No 1964/82 has not been released for consumption ina third country.
Article 4
1. In Article 18(3)(a), the 20 % reduction indicated in the second
indent of Article 18(3)(b) and the 10 % and 15 % increases indicated inArticle 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 applied for by 30 March 2001.
2. If entitlement to the refund is lost, the penalty specified in Article
51(1) 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 previousweek, 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 the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2001R0023 — EN — 21.09.2001 — 003.001 — 4
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