Commission Regulation (EC) No 1729/1999 of 28 July 1999 laying down special measures derogating from Regulations (EEC) No 3665/87 and (EEC) No 3719/88 as regards milk and milk products, beef and veal, pigmeat, eggs, poultrymeat, agricultural products exported in the form of goods not covered by Annex I to the Treaty and certain cereal products
Date: 1999-07-28
Institutions: European Commission
Subjects: derogation from EU law, egg, export, meat product, milk product

4. 8. 1999

EN

Official Journal of the European Communities

L 204/13

COMMISSION REGULATION (EC) No 1729/1999

of 28 July 1999

laying down special measures derogating from Regulations (EEC) No 3665/87 and (EEC) No
3719/88 as regards milk and milk products, beef and veal, pigmeat, eggs, poultrymeat, agricultural
products exported in the form of goods not covered by Annex I to the Treaty and certain cereal
products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(5) Whereas, following the appearance of contamination of
certain products with dioxin, health measures taken by
the authorities of certain third countries in respect of
exports from the Community have seriously damaged
the economic interests of exporters and whereas the
situation thus created has adversely affected export
possibilities for certain agricultural products;

Having regard to Council Regulation (EEC) No 804/68 of 27
June 1968 on the common organisation of the market in milk
and milk products (1), as last amended by Regulation (EC) No
1587/96 (2), and in particular Articles 13(3), 17(14) and 28
thereof, and the corresponding provisions of other Regulations
on the common organisation of the market in agricultural
products,

(6) Whereas it is accordingly necessary to adopt special
measures and to extend certain time limits laid down in
Regulations (EEC) No 565/80, (EEC) No 3665/87 and
(EEC) No 3719/88 so that export operations which have
not been completed on account of the abovementioned
circumstances can be regularised;

(1) 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;

(2) 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;

(3) Whereas Commission Regulation (EEC) No 3719/88 (7),
as last amended by Regulation (EC) No 1127/1999 (8),
lays down common detailed rules for the application of
the system of import and export licences and advance-
fixing certificates for agricultural products;

(4) Whereas Commission Decision 1999/363/EC of 3 June
1999 on protective measures with regards to contam-
ination by dioxins of certain animal products intended
for human or animal consumption (9) and Commission
Decision 1999/368/EC of 4 June 1999 on protective
measures with regards to contamination by dioxins of
products intended for human consumption derived from
bovine animals and pigs (10), as subsequently modified or
replaced, notably provide for the prohibition for certain
products to be exported to third countries;

(1) OJ L 148, 28.6.1968, p. 13.
(2) OJ L 206, 16.8.1996, p. 21.
(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 135, 29.5.1999, p. 48.
(9) OJ L 141, 4.6.1999, p. 24.
(10) OJ L 142, 5.6.1999, p. 46.

(7) Whereas only those operators who can prove, in par-
ticular on the basis of the documents referred to in
Article 1(2) of Council Regulation (EEC) No 4045/
89 (11), as last amended by Regulation (EC) No 3235/
94 (12), that they were unable to carry out export opera-
tions due to the circumstances referred to above and
notably that the licences were requested with a view to
exports to those third countries which have taken meas-
ures as referred to above, should benefit
from the
derogations;

(8) Whereas, in the light of developments, this Regulation

should enter into force immediately;

(9) Whereas the measures provided for in this Regulation
are in accordance with the opinions of all the Manage-
ment Committees concerned,

HAS ADOPTED THIS REGULATION:

Article 1

1.

This Regulation shall apply to the products listed in:

— Article 1(1) of Regulation (EEC) No 804/68 (milk and milk

products),

— Article 1(1) of Regulation (EEC) No 805/68 (13) (beef and

veal),

(11) OJ L 388, 30.12.1989, p. 18.
(12) OJ L 338, 28.12.1994, p. 16.
(13) OJ L 148, 28.6.1968, p. 24.

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Official Journal of the European Communities

4. 8. 1999

— Article 1 of Regulation (EEC) No 2759/75 (1) (pigmeat),

Article 3

— Article 1(1) of Regulation (EEC) No 2771/75 (2)

(eggs),

— Article 1(1) of Regulation (EEC) No 2777/75 (3) (poultry-

meat).

2.
This Regulation shall also apply to agricultural products
exported in the form of goods not covered by Annex I to the
Treaty as referred to in Article 1 of Regulation (EC) No 1222/
94 (4), and to products exported in the form of CN code 2309
as referred to in Annex A to Regulation (EEC) No 1766/92 (5).

3.
This Regulation shall only apply where the exporters
concerned provide proof to the satisfaction of the competent
authorities that they have been unable to carry out export
operations due to protective measures adopted by the Commis-
sion or to health measures adopted by the authorities of the
third countries of destination following the appearance of
dioxin contamination of certain Community products.

The competent authorities’ appraisal shall be based in partic-
ular on the commercial documents referred to in Article 1(2) of
Council Regulation (EEC) No 4045/89.

1.
This Article shall apply to agricultural products exported
in the form of goods not covered by Annex I to the Treaty as
referred to in Article 1 of Regulation (EC) No 1222/94.

On application by the titular holder, the validity period of
2.
advance-fixing certificates
to Commission
Regulation (EC) No 1223/94 (9) which were applied for by 7
June 1999 at the latest and whose validity did not elapse before
31 May 1999, shall be extended to 30 September 1999.

issued pursuant

On application by the exporter and in respect of goods
3.
for which by 30 June 1999 at
the latest customs export
formalities were completed, or goods and products which were
placed under any of the arrangements referred to in Articles 4
and 5 of Regulation (EEC) No 565/80 by 30 June 1999 at the
latest, the 60-day time limit for leaving the customs territory of
the Community 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.

Article 2

Article 4

1.
This Article shall apply to products listed in Article 1(1)
of Regulation (EEC) No 804/68 (milk and milk products) and
to products exported in the form of CN code 2309 as referred
to in Annex A to Regulation (EEC) No 1766/92.

2.
On application by the titular holder, the validity period of
export licences issued pursuant to Commission Regulations
(EC) No 1162/95 (6), (EC) No 1466/95 (7) and (EC) No 174/
1999 (8) which were applied for by 7 June 1999 at the latest
shall be extended by:

— four months for licences for which the validity period

expires on 31 May 1999,

— three months for licences for which the validity period

expires on 30 June 1999,

— two months for licences for which the validity period

expires on 31 July 1999,

— one month for licences for which the validity period expires

on 31 August 1999.

On application by the exporter and in respect of products
3.
for which by 30 June 1999 at
the latest customs export
formalities were completed, the 60-day time limit for leaving
the customs territory of the Community 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.

(1) OJ L 282, 1.11.1975, p. 1.
(2) OJ L 282, 1.11.1975, p. 49.
(3) OJ L 282, 1.11.1975, p. 77.
(4) OJ L 136, 31.5.1994, p. 5.
(5) OJ L 181, 1.7.1992, p. 21.
(6) OJ L 117, 24.5.1995, p. 2.
(7) OJ L 144, 28.6.1995, p. 22.
(8) OJ L 20, 27.1.1999, p. 8.

1.
This Article shall apply to the products listed in Article
1(1) of the present Regulation other than those covered by
Regulation (EEC) No 804/68 (milk and milk products).

On application by the titular holder, export

2.
licences
issued pursuant to Commission Regulations (EC) No 1445/
95 (10) (beef and veal), (EC) No 1370/95 (11) (pigmeat), (EC) No
(poultrymeat)
(eggs) and (EC) No 1372/95 (13)
1371/95 (12)
which were applied for by 7 June 1999 at the latest, with the
exception of licences for which the period of validity expired
before 27 May 1999, shall be cancelled and the securities
released.

On application by the exporter and in respect of products

3.
for which by 30 June 1999 at the latest:

— customs export formalities were completed or which were
placed under any of the arrangements referred to in Articles
4 and 5 of Regulation (EEC) No 565/80, the 60-day time
limit for leaving the customs territory of the Community
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,

— customs export formalities were completed but which have
not yet left the customs territory of the Community or
which have been placed under any of the arrangements
provided for in Articles 4 and 5 of Regulation (EEC) No
565/80 the operator shall reimburse any refund paid in
advance and the various securities relating to such opera-
tions shall be released,

(9) OJ L 136, 31.5.1994, p. 33.
(10) OJ L 143, 27.6.1995, p. 35.
(11) OJ L 133, 17.6.1995, p. 9.
(12) OJ L 133, 17.6.1995, p. 16.
(13) OJ L 133, 17.6.1995, p. 26.

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Official Journal of the European Communities

L 204/15

— customs export formalities were completed, which have left
the customs territory of the Community and which were
subsequently returned and released for free circulation in
the Community, the exporter shall reimburse any refund
paid in advance and the various securities relating to such
operations shall be released.

Article 5

On application by the exporter and by way of derogation from
Article 6(1) first subparagraph of Commission Regulation (EEC)
No 1964/82 (1) on special export refunds for certain cuts of
boned meat of bovine animals, where customs export formal-
ities or the formalities for placing under any of the arrange-
ments provided for in Articles 4 and 5 of Regulation (EEC) No
565/80 were not completed by 30 June 1999 at the latest for
the total quantity of meat given in the certificate referred to in
Article 4(1) of Regulation (EEC) No 1964/82 issued before 30
June 1999, the special refund shall be retained by the exporter
for the quantities which have been exported and released for
consumption in a third country.

The same applies where pursuant to the application of the
second and third indent of Article 4(3) of the present Regula-
tion a part of the total quantity given in the certificate referred
to in Article 4(1) of Commission Regulation (EEC) No 1964/82
has not been released for consumption in a third country.

second subparagraph of Article 33(1) of Regulation (EEC) No
3665/87 shall not apply to exports carried out under cover of
licences applied for by 7 June 1999 at the latest.

2. Where the entitlement to the refund is lost, the penalty
provided for in Article 11(1)(a) of Regulation (EEC) No 3665/
87 shall not apply.

Article 7

Products and goods for which customs export formalities in
the Community were completed by 30 June 1999 at the latest
may be reintroduced into the customs
the
Community and placed in a free zone, a free warehouse or a
customs warehouse for 120 days, before reaching their final
destination, without this calling payment of the refund for the
actual final destination or the licence security into question.

territory of

Article 8

Member States shall notify the quantities of products covered
by each of the measures provided for in this Regulation in
accordance with the provisions laid down in the relevant Regu-
lations applicable to the respective products.

Article 6

Article 9

Article 20(3)(a), the 20 % reduction referred to in the
1.
second indent of Article 20(3)(b) and the 15 % and 20 %
increases referred to respectively in Article 23(1) and the

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, 28 July 1999.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 212, 21.7.1982, p. 48.