Commission Regulation (EC) No 2334/98 of 29 October 1998 laying down special measures derogating from Regulations (EEC) No 3665/87, (EEC) No 3719/88 and (EC) No 1372/95 as regards poultrymeat
Date: 1998-10-29
Institutions: European Commission
Subjects: Russia, exchange of information, export licence, export refund, poultry, poultrymeat

30. 10. 98

EN

Official Journal of the European Communities

L 291/15

COMMISSION REGULATION (EC) No 2334/98

of 29 October 1998

laying down special measures derogating from Regulations (EEC) No 3665/87,
(EEC) No 3719/88 and (EC) No 1372/95 as regards poultrymeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2777/75
of 29 October 1975 on the common organisation of the
market in poultrymeat (1), as last amended by Commis-
sion Regulation (EC) No 2916/95 (2), and in particular
Articles 8(12) and 15 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 1372/95 (9), as
last amended by Regulation (EC) No 1009/98 (10), lays
down detailed rules for implementing the system of
export licences in the poultry 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

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

(1) OJ L 282, 1. 11. 1975, p. 77.
(2) OJ L 305, 29. 12. 1995, p. 49.
(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. 26.
(10) OJ L 145, 15. 5. 1998, p. 8.

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 and should be
applicable from 1 August 1998;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Eggs and Poultrymeat,

HAS ADOPTED THIS REGULATION:

Article 1

1.
This Regulation shall apply to the products listed in
Article 1(1) of Regulation (EEC) No 2777/75 for which
licences have been issued in accordance with
export
Regulation (EC) No 1372/95 containing in box 7 the
indication ‘Russia' or another country in the same refund
zone as Russia as defined in the Annex to Commission
Regulation (EC) No 1516/98 (13).

2.
In the latter case 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 Regulation (EEC) No 4045/89.

Article 2

On application by the holder, the validity of the export
licences issued pursuant to Regulation (EC) No 1372/95
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.
(13) OJ L 200, 16. 7. 1998, p. 26.

L 291/16

EN

Official Journal of the European Communities

30. 10. 98

Article 3

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.

limit referred to in Article 30(1)(b)(i) of Regulation (EEC)
No 3719/88 and in Article 4(1) and Article 32(1) of Regu-
lation (EEC) No 3665/87 shall be increased to 150 days.

Article 5

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

Article 4

Article 6

On application by the exporter and in respect of products
for which customs export
formalities were completed
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

This Regulation shall enter
into force on the day
following its publication in the Official Journal of the
European Communities.

It is applicable from 1 August 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 29 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission