Commission Regulation (EC) No 23/2001 of 5 January 2001 laying down special measures for the beef sector that depart from the provisions of Regulation (EC) No 800/1999, Regulation (EEC) No 3719/88, Regulation (EC) No 1291/2000 and Regulation (EEC) No 1964/82
Date: 2001-01-05
Institutions: European Commission
Subjects: agricultural guidance, beef, derogation from EU law, export refund, extra-EU trade, intra-EU trade

6.1.2001

EN

Official Journal of the European Communities

L 3/7

COMMISSION REGULATION (EC) No 23/2001

of 5 January 2001

laying down special measures for the beef sector that depart from the provisions of Regulation
(EC) No 800/1999, Regulation (EEC) No 3719/88, Regulation (EC) No 1291/2000 and Regulation
(EEC) No 1964/82

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1254/1999 of 17
May 1999 on the common organisation of the market in beef
and veal (1), and in particular Articles 29(2)(a), 33(12) and 41
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Council Regulation (EEC) No 565/80 (2), as amended by
lays down general
Regulation (EEC) No 2026/83 (3),
rules on the advance payment of export refunds in
respect of agricultural products.

as
Commission Regulation (EC) No 800/1999 (4),
amended by Regulation (EC) No 1557/2000 (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), and
Commission Regulation (EC) No 1291/2000 (8)
(for
licences applied for from 1 October 2000) lay down
common detailed rules for the application of the system
of import and export licences and advance fixing certi-
ficates for agricultural products.

Commission Regulation (EC) No 1445/95 (9), as last
amended by Regulation (EC) No 1659/2000 (10),
lays
down rules of application for import and export licences
in the beef and veal sector.

Commission Regulation (EEC) No 1964/82 (11), as last
amended by Regulation (EC) No 1470/2000 (12),
lays
down the conditions for granting special export refunds
on certain cuts of boned meat.

Following the occurrence of cases of bovine spongiform
encephalopathy,
taken by the
the health measures
authorities of certain third countries in regard to exports

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 62, 7.3.1980, p. 5.
(3) OJ L 199, 22.7.1983, p. 12.
(4) OJ L 102, 17.4.1999, p. 11.
(5) OJ L 179, 18.7.2000, p. 6.
(6) OJ L 331, 2.12.1988, p. 1.
(7) OJ L 135, 29.5.1999, p. 48.
(8) OJ L 152, 24.6.2000, p. 1.
(9) OJ L 143, 27.6.1995, p. 35.
(10) OJ L 192, 28.7.2000, p. 10.
(11) OJ L 212, 21.7.1982, p. 48.
(12) OJ L 165, 6.7.2000, p. 16.

(7)

(8)

of bovine animals and their meat have seriously affected
the financial interests of exporters. The possibilities for
exportation under the terms of Regulations (EEC) No
565/80, (EC) No 800/1999, (EEC) No 3719/88, (EC) No
1291/2000 and (EEC) No 1964/82 have been seroiusly
restricted.

It is therefore necessary to limit the adverse impact on
exporters by adopting special provisions, notably the
extension of certain time limits set in the refund rules,
applying to export operations that
in these circum-
stances it has not been possible to complete.

These provisions should benefit only operators who can
show on the basis of
the documents referred to in
Article 1(2) of Council Regulation (EEC) No 4045/
89 (13), as last amended by Regulation (EC) No 3235/
94 (14), that they have in the circumstances been unable
to export and that their licences were requested in order
to export to the countries that have adopted the health
measures in question.

(9)

Given the way in which the situation has evolved, this
Regulation should be brought into force immediately.

(10)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Beef and Veal,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation shall apply to the products listed in

1.
Article 1(1) of Regulation (EC) No 1254/1999.

2.
It shall apply only in cases where the exporter shows to
the satisfaction of the competent authority that he was unable
to export owing to the introduction of health measures by the
authorities of the countries of destination in response to the
cases of bovine spongiform encephalopathy.

Competent authorities shall base their assessment on the
commercial documents referred to in Article 1(2) of Regulation
(EEC) No 4045/89.

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

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Article 2

Article 3

1.
At the holder's request export licences issued under Regu-
lation (EC) No 1445/95 that were applied for by 15 December
2000 shall, if their validity did not expire before 1 November
2000, be cancelled and the security released.

On application by the exporter in the case of products for

2.
which by 15 December 2000.

— the customs export

formalities had been completed or
which had been placed under one of the customs control
procedures referred to in Articles 4 and 5 of Regulation
(EEC) No 565/80, the 60-day time limit for leaving the
Community's customs
territory referred to in Article
30(1)(b)(i) of Regulation (EEC) No 3719/88, Article
32(1)(b)(i) of Regulation (EC) No 1291/2000 and Articles
7(1) and 34(1) of Regulation (EC) No 800/1999 is raised to
150 days,

— the customs export formalities had been completed but
which had not yet left the Community's customs territory
or which had been placed under one of the customs control
procedures referred to in Articles 4 and 5 of Regulation
(EEC) No 565/80, the exporter shall repay any refund paid
in advance and the various securities pertaining to the
operations shall be released,

the Community's customs territory,

— the customs formalities had been completed and which had
they may be
left
brought back and released for
free circulation in the
Community. The exporter shall repay any refund paid in
advance and the various securities pertaining to the opera-
tions shall be released,

the Community's customs territory,

— the customs formalities had been completed and which had
left
they may be
brought back to be placed under a suspensive procedure in
a free zone, free warehouse or customs warehouse for a
maximum of 120 days before reaching their final destina-
tion. This shall not affect payment of the refund for the
actual final destination or the security lodged in respect of
the licence.

Notwithstanding the first subparagraph of Article 6(1) of Regu-
lation (EEC) No 1964/82, at the exporter's request he shall, if
the customs export formalities or the formalities for placing
goods under one of the customs control procedures referred to
in Articles 4 and 5 of Regulation (EEC) No 565/80 were not
completed by 15 December 2000 for the total quantity of meat
entered on a certificate as provided for in Article 4(1) of
Regulation (EEC) No 1964/82 issued before 15 December
2000, retain the special refund on the quantities exported and
released for consumption in a third country. The requirements
of Article 6(2) and (3) of Regulation (EEC) No 1964/82 shall
not apply in these cases.

The above provisions shall also apply if, as a result of applica-
tion of the second or third indent of Article 2(2) of this
Regulation, part of the total quantity entered on the certificate
provided for in Article 4(1) of Regulation (EEC) No 1964/82
has not been released for consumption in a third country.

Article 4

1.
Article 18(3)(a), the 20 % reduction provided for in the
second indent of Article 18(3)(b), and the 10 % and 15 %
increases provided for in Article 25(1) and the second subpara-
graph of Article 35(1) of Regulation (EC) No 800/1999 respec-
tively shall not apply to exports made under licences applied
for by 15 December 2000.

If entitlement to the refund is lost, the penalty specified in
2.
Article 51(1)(a) of Regulation (EC) No 800/1999 shall not
apply.

Article 5

For each situation indicated in Article 2, Member States shall
on Thursdays notify the quantities of products concerned for
the previous week, specifying the date of issue of the licences
and the respective category.

Article 6

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, 5 January 2001.

For the Commission

Franz FISCHLER

Member of the Commission