Commission Regulation (EC) No 2154/98 of 7 October 1998 laying down special measures derogating from Regulations (EEC) No 3665/87, (EEC) No 3719/88 and (EC) No 1370/95 as regards pigmeat
Date: 1998-10-07
Institutions: European Commission
Subjects: Russia, derogation from EU law, export, export licence, export refund, pigmeat

L 271/12

EN

Official Journal of the European Communities

8. 10. 98

COMMISSION REGULATION (EC) No 2154/98

of 7 October 1998

laying down special measures derogating from Regulations (EEC) No 3665/87,
(EEC) No 3719/88 and (EC) No 1370/95 as regards pigmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2759/75
of 29 October 1975 on the common organisation of the
market in pigmeat (1), as last amended by Regulation (EC)
No 3290/94 (2), and in particular Article 13(12) and the
second paragraph of Article 22 thereof,

Whereas Council Regulation (EEC) No 565/80 (3), as last
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 1370/95 (9), as
last amended by Regulation (EC) No 1719/98 (10), lays
down detailed rules for implementing the system of
export licences in the pigmeat 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 and whereas
the situation thus created has adversely affected export
possibilities provided for in Regulations (EEC) No 565/
80,

(EEC) No 3665/87 and (EEC) No 3719/88;

it

is accordingly necessary to limit

Whereas
such
damaging consequences by adopting special measures
and extending certain time limits laid down in the regula-

(1) OJ L 282, 1. 11. 1975, p. 1.
(2) OJ L 349, 31. 12. 1994, p. 105.
(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 133, 17. 6. 1995, p. 9.
(10) OJ L 215, 1. 8. 1998, p. 58.

tions applicable to refunds so that export operations
which have not been completed on account of the above-
mentioned circumstances can be regularised;

Whereas only those operators who can prove, in particular
on the basis of the documents referred to in Article 1(2) of
Council Regulation (EEC) No 4045/89 (11),
last
amended by Regulation (EC) No 3235/94 (12), that the
licences were requested with a view to exports to Russia
should benefit from the derogations;

as

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 Pigmeat,

HAS ADOPTED THIS REGULATION:

Article 1

1.
This Regulation shall apply to the products listed in
Article 1(1) of Council Regulation (EEC) No 2759/75 for
which export licences have been issued.

2.
This Regulation shall apply only where the operator
can demonstrate to the satisfaction of the issuing body
that the licences were requested with a view to exports to
Russia.

The issuing body’s appraisal shall be based in particular
on the commercial documents referred to in Article 1(2)
of Council Regulation (EEC) No 4045/89.

Article 2

On application by the holder, the validity of the export
licences issued pursuant to Commission Regulation (EC)
No 1370/95 and applied for before 29 August 1998,
excluding those whose validity lapsed before 1 August
1998, shall be extended by 60 days.

(11) OJ L 388, 30. 12. 1989, p. 18.
(12) OJ L 338, 28. 12. 1994, p. 16.

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Official Journal of the European Communities

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Article 3

Article 4

On application by the exporter and in respect of products
formalities were completed
for which customs export
before 29 August 1998 or which were placed under any of
the arrangements referred to in Articles 4 and 5 of Regu-
lation (EEC) No 565/80 before that date, the 60-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) No 3665/87 shall be increased to 150 days.

Each Thursday Member States shall notify the Commis-
sion of the quantities of products covered during the
preceding week by the measures referred to in Articles 2
and 3 above.

Article 5

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, 7 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission