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
Date: 1998-10-01
Institutions: European Commission
Subjects: beef, customs regulations, export, export licence, third country

2. 10. 98

EN

Official Journal of the European Communities

L 267/5

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 on agricultural 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 export licences 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 economic interests of exporters; whereas the
situation thus created has adversely affected export poss-
ibilities provided for in Regulations (EEC) No 565/80,
(EEC) No 3665/87 and (EEC) No 3719/88;

it

is accordingly necessary to limit

such
Whereas
damaging consequences by adopting special measures
and extending certain time limits laid down in the regula-
tions applicable to refunds so that export operations

(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.

which have not been completed on account of the above-
mentioned 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 for Beef 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 for which
export licences containing the indication ‘Russia' in box 7
in accordance with Article 8(3) of Regulation (EC) No
1445/95 have been issued.

Article 2

On application by the holder, the validity of the export
licences issued pursuant to Regulation (EC) No 1445/95
and applied for before 29 August 1998, excluding those
whose validity lapsed before 17 August 1998, shall be
extended by 60 days.

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 the second subparagraph of Article
33(1) respectively of Regulation (EEC) No 3665/87 shall
not apply to exports carried out under cover of licences
applied for before 29 August 1998, provided that customs
formalities for
release for consumption in the third
country are completed after that date.

Article 4

for which customs export

1. On application by the exporter and in respect of
products
formalities were
completed before 29 August 1998 or which were placed
under any of the arrangements referred to in Articles 4
and 5 of Regulation (EEC) No 565/80 before that date,
the 60-day time limit referred to in Article 30(1)(b)(i) of

L 267/6

EN

Official Journal of the European Communities

2. 10. 98

Regulation (EEC) No 3719/88 and in Articles 4(1) and
32(1) of Regulation (EEC) No 3665/87 shall be increased
to 150 days.

2.
Products for which customs export formalities were
completed before 29 August 1998 may, before reaching
their final destination, be re-introduced into the customs
territory of the Community and placed under suspension
arrangements in a free zone or free warehouse for 120
days without this calling payment of the refund into
question.

Article 5

Each Thursday, Member States shall notify the quantities
of products covered during the preceding week by each of
the measures referred to above.

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.

Done at Brussels, 1 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission