Commission Regulation (EC) No 982/2000 of 11 May 2000 laying down special measures derogating from Regulations (EC) No 800/1999 and (EEC) No 3719/88 in the eggs and poultrymeat sectors
Date: 2000-05-11
Institutions: European Commission
Subjects: egg, export licence, export refund, poultrymeat

L 113/34

EN

Official Journal of the European Communities

12.5.2000

COMMISSION REGULATION (EC) No 982/2000

of 11 May 2000

laying down special measures derogating from Regulations (EC) No 800/1999 and (EEC) No
3719/88 in the eggs and poultrymeat sectors

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29
October 1975 on the common organisation of the market in
eggs (1), as last amended by Commission Regulation (EC) No
1516/96 (2), and in particular Articles 3(2) and 8(13) and
Article 15 thereof,

Having regard to Council Regulation (EEC) No 2777/75 of 29
October 1975 on the common organisation of the market in
poultrymeat (3), as last amended by Commission Regulation
(EC) No 2916/95 (4), and in particular Articles 3(2) and 8(12)
and Article 15 thereof,

Whereas:

(1)

(2)

(3)

(4)

Commission Regulation (EC) No 800/1999 (5) lays down
common detailed rules for the application of the system
of export refunds on agricultural products.

Commission Regulation (EEC) No 3719/88 (6), as last
amended by Regulation (EC) No 1127/1999 (7),
lays
down common detailed rules for the application of the
system of import and export licences and advance-fixing
certificates for agricultural products.

Commission Regulation (EC) No 1371/95 (8), as last
amended by Regulation (EC) No 2336/1999 (9),
lays
down detailed rules for implementing the system of
export licences in the egg sector.

Commission Regulation (EC) No 1372/95 (10), as last
amended by Regulation (EC) No 2337/1999 (11),
lays
down detailed rules for implementing the system of
export licences in the poultrymeat sector.

(6)

(7)

(8)

(9)

Italy has introduced veterinary measures to prevent and
combat avian influenza, entailing in particular restric-
tions on movements of livestock and livestock products
under Community veterinary legislation.

Following the appearance of avian influenza, health
measures taken by the authorities of certain third coun-
tries with regard to Community exports have seriously
damaged the economic interests of exporters. The situa-
tion created has adversely affected export possibilities for
certain agricultural products.

Special measures must accordingly be taken and certain
time limits laid down in Regulations (EC) No 800/1999
and (EEC) No 3719/88 must be extended so that export
operations that could not be completed owing to the
circumstances mentioned can be
carried through
successfully.

These derogations must apply only to those operators
who can prove, in particular by means of documents as
referred to in Article 1(2) of Council Regulation (EEC)
No 4045/89 (12), as last amended by Regulation (EC) No
3235/94 (13), that they have been unable to carry out
export operations as a result of the outbreak of avian
influenza.

(10)

In view of the way the situation is developing, this
Regulation must enter into force immediately.

(11)

The measures laid down in this Regulation are in accord-
ance with the opinion of the Management Committee
for Poultrymeat and Eggs,

HAS ADOPTED THIS REGULATION:

(5)

Outbreaks of avian influenza have occurred in several
regions of Italy since 20 December 1999.

Article 1

(1) OJ L 282, 1.11.1975, p. 49.
(2) OJ L 189, 30.7.1996, p. 99.
(3) OJ L 282, 1.11.1975, p. 77.
(4) OJ L 305, 19.12.1995, p. 49.
(5) OJ L 102, 17.4.1999, p. 11.
(6) OJ L 331, 2.12.1988, p. 1.
(7) OJ L 135, 29.5.1999, p. 48.
(8) OJ L 133, 17.6.1995, p. 16.
(9) OJ L 281, 4.11.1999, p. 16.
(10) OJ L 133, 17.6.1995, p. 26.
(11) OJ L 281, 4.11.1999, p. 21.

1.

This Regulation shall apply to the products listed in:

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

— Article 1(1) of Regulation (EEC) No 2777/75.

(12) OJ L 388, 30.12.1989, p. 18.
(13) OJ L 338, 28.12.1994, p. 16.

12.5.2000

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Official Journal of the European Communities

L 113/35

This Regulation shall apply only where the exporter
2.
concerned provides proof, to the satisfaction of the competent
authorities, that he has been unable to carry out export opera-
tions as a result of the veterinary measures taken by the Italian
authorities or health measures taken by the authorities of third
countries of destination in the wake of the outbreak of avian
influenza. For the purposes of appraisal, the competent author-
ities shall base themselves in particular on commercial docu-
ments as referred to in Article 1(2) of Regulation (EEC) No
4045/89.

Article 2

The holders of export licences issued under Regulation (EC) No
1371/95 and applied for before 20 December 1999, the term
of validity of which has not expired before that date, may apply
for their cancellation and the release of the relevant security.

Article 3

The holders of export licences issued under Regulation (EC) No
1372/95 and applied for before 20 December 1999, the term
of validity of which has not expired before that date, may apply
for their extension until 30 June 2000.

Article 4

The Member States shall notify the Commission each month of
the quantities of products concerned in each case by the above
measures.

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, 11 May 2000.

For the Commission

Franz FISCHLER

Member of the Commission