Commission Regulation (EC) No 293/1999 of 9 February 1999 laying down special measures derogating from Regulations (EEC) No 3665/87, (EEC) No 3719/88 and (EC) No 1372/95 as regards poultrymeat
Date: 1999-02-09
Institutions: European Commission
Subjects: Russia, egg, export licence, export refund, poultrymeat

L 36/12

EN

Official Journal of the European Communities

10. 2. 1999

COMMISSION REGULATION (EC) No 293/1999

of 9 February 1999

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,

been completed on account of
circumstances could be regularised;

the abovementioned

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 Regulation
(EC) No 2916/95 (2), and in particular Article 3(2), Article
8(12) and Article 15 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 2334/98 (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 2581/98 (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;

Whereas by Commission Regulation (EC) No 2334/98 (11)
special measures extending certain time limits laid down
in the regulations applicable to refunds were adopted for
poultrymeat so that export operations which have not

(1) OJ L 282, 1. 11. 1975, p. 77.
(2) OJ L 305, 19. 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 291, 30. 10. 1998, p. 15.
(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 322, 1. 12. 1998, p. 33.
(11) OJ L 291, 30. 10. 1998, p. 15.

Whereas the problems on the Russian market continue
affecting in particular the export possibilities for whole
chickens; whereas it is accordingly necessary to provide
for extending certain time limits applicable to exports of
these products on the basis of export licences applied for
between 18 November and 3 December 1998;

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 (12),
last
amended by Regulation (EC) No 3235/94 (13), 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 18 November 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 Council Regulation (EEC) No 2777/75 for
which export licences have been issued in accordance
with 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 2471/98 (14).

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 Council Regulation (EEC) No 4045/89.

(12) OJ L 388, 30. 12. 1989, p. 18.
(13) OJ L 338, 28. 12. 1994, p. 16.
(14) OJ L 308, 18. 11. 1998, p. 14.

10. 2. 1999

EN

Official Journal of the European Communities

L 36/13

Article 2

On application by the holder, the validity of the export
licences issued pursuant to Commission Regulation (EC)
No 1372/95 and applied for between 18 November and 3
December 1998 for products of categories 3 and 4
referred to in Annex I of Regulation (EC) No 1372/95,
shall be extended by 60 days.

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

Article 3

Article 5

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 referred to in
Article 2, provided that customs formalities for release for
consumption in the third country are completed after 3
December 1998.

Article 4

On application by the exporter and in respect of products
for which customs export
formalities were completed
between 18 November and 3 December 1998 or which

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 6

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

It is applicable from 18 November 1998.

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

Done at Brussels, 9 February 1999.

For the Commission

Franz FISCHLER

Member of the Commission