Commission Regulation (EC) No 2558/1999 of 2 December 1999 derogating temporarily from certain provisions on the issuing of export licences with advance fixing of the refund of the refund for agricultural products
Date: 1999-12-02
Institutions: European Commission
Subjects: agricultural product, derogation from EU law, export licence, export refund, price fixed in advance

4. 12. 1999

EN

Official Journal of the European Communities

L 310/3

COMMISSION REGULATION (EC) No 2558/1999

of 2 December 1999

derogating temporarily from certain provisions on the issuing of export licences with advance
fixing of the refund of the refund for agricultural products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), and in particular Articles 26, 31 and 42
thereof, and to the corresponding provisions of the other Regu-
lations on the common organisation of markets in agricultural
products,

(4)

Whereas:

short and accordingly mean that the Commission would
no longer be able to administer the licence arrangements
properly. Those periods should therefore be extended in
the case of licence applications submitted during the
critical period in the transition to the year 2000,
running from 27 December 1999 to 10 January 2000
inclusive.

Should the Commission note that the abovementioned
disturbance in data transmission does not arises or
ocases, it should be able to re-establish the status quo as
regards the periods for reflection in force before the
entry into force of this Regulation as quickly as possible.
Furthermore, should the Commission re-establsih the
status quo in the period between 27 December 1999
and 10 January 2000 only to discover a disturbance
shortly thereafter, or should a disturbance occur after 10
January 2000,
it must be able to reintroduce the
extended periods for reflection referred to above. The
Commission should therefore be authorised to take
measures on its own to repeal or re-enact all or part of
this Regulation.

(1)

(2)

Article 10(1) of Commission Regulation (EC) No 174/
1999 (2) of 26 January 1999 laying down special
detailed rules as regards export
licences and export
refunds in the case of milk and milk products provides
that export licenses are to be issued on the fifth working
day following that on which applications are submitted,
provided that no special measures are taken by the
Commission in the meantime. Similar provisions are laid
down in the corresponding Regulations applicable to
beef and veal, pigmeat, poultrymeat, eggs,
fruit and
vegetables, products processed from fruit and vegetables,
wine, cereals, rice, sugar, olive oil and agricultural prod-
ucts exported as goods not falling within Annex I of the
Treaty.

The year 2000 problem and in particular transition from
1999 to the year 2000 may provoke disturbance in the
transmission of data from the Member States to the
Commission in ways and on a scale that cannot be
foreseen or dealt with in advance despite the efforts of
the authorities involved. Smooth transmission of data
relating to licences applied for and the quantities
concerned is vital to the sound management of the
agricultural markets and in particular for the adoption
by the Commission of measures relating to the issuing
of export licenses with advance fixing of the refund.

(5)

The measures provided for in this Regulation are in
accordance with the opinions of all the Management
Committees concerned,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation derogates temporarily from the periods for
reflection for the issuing of export licences with advance fixing
of the refund referred to in the following provisions:
— Article 10(1) of Regulation (EC) No 174/1999,
— Article 10(1) of Regulation (EC) No 1445/95 (3),
— Article 3(3) of Regulation (EC) No 1370/95 (4),
— Article 3(3) of Regulation (EC) No 1371/95 (5),
— Article 3(3) of Regulation (EC) No 1372/95 (6),
— Article 2(4) of Regulation (EC) No 2190/96 (7),
— Article 4(2) of Regulation (EC) No 1429/95 (8),
— Article 3(2) of Regulation (EC) No 1685/95 (9),
— Article 7(3) of Regulation (EC) No 1162/95 (10),
— Article 3(2) of Regulation (EC) No 2543/95 (11),
— the second indent of Article 9(1) of Regulation (EC) No

1464/95 (12).

— Article 3(3) of Regulation (EC) No 1223/94 (13).

(3)

In the event of disturbance in data transmission, the
periods for reflection in force for the issuing of export
licences with advance fixing of the refund during which
the Commission must take its decisions could prove too

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 20, 21.1.1999, p. 8.

(3) OJ L 143, 27.6.1995, p. 35.
(4) OJ L 133, 17.6.1995, p. 9.
(5) OJ L 133, 17.6.1995, p. 16.
(6) OJ L 133, 17.6.1995, p. 26.
(7) OJ L 292, 15.11.1996, p. 12.
(8) OJ L 141, 24.6.1995, p. 28.
(9) OJ L 161, 12.7.1995, p. 2.
(10) OJ L 117, 24.5.1995, p. 2.
(11) OJ L 260, 31.10.1995, p. 33.
(12) OJ L 144, 28.6.1995, p. 14.
(13) OJ L 136, 31.5.1994, p. 33.

L 310/4

EN

Official Journal of the European Communities

4. 12. 1999

Article 2

Notwithstanding the provisions referred to in Article 1, export
licences with advance fixing of the refund applications for
which are submitted from 27 December 1999 to 10 January
2000 shall be issued on the 10th working day following the
day of submission, provided that no special measures are taken
by the Commission in the meantime.

transmission connected with the transition from 1999 to the
year 2000 or that there is no further disturbance. The Commis-
sion is also authorised to re-introduce the extended period of
reflection referred to in Article 2 if it re-establishes the status
quo between 27 December 1999 and 10 January 2000 only to
discover a disturbance shortly thereafter, or if a disturbance
occurs after 10 January 2000.

Article 3

Article 4

The Commission shall take measures to repeal this Regulation
and to re-establish the status quo in force before its application
as soon as it notes that no disturbance has arisen in data

This Regulation shall enter into force on the seventh 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, 2 December 1999.

For the Commission

Franz FISCHLER

Member of the Commission