Commission Regulation (EC) No 24/2001 of 5 January 2001 amending Regulation (EC) No 1445/95 on rules of application for import and export licences in the beef and veal sector
Date: 2001-01-05
Institutions: European Commission
Subjects: beef, derogation from EU law, export licence, import licence

6.1.2001

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 24/2001

of 5 January 2001

amending Regulation (EC) No 1445/95 on rules of application for import and export licences in the
beef and veal sector

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) and 41 thereof,

(4)

Whereas:

(1)

(2)

In order to have statistical information on the use of the
various tariff quotas, non-preferential imports and the
origin of the various products imported, Articles 6b and
6c of Commission Regulation (EC) No 1445/95 of 26
June 1995 on rules of application for import and export
licences in the beef and veal sector (2), as last amended
by Regulation (EC) No 1659/2000 (3), provide that a
security is to be lodged for all import licences where the
amount of the security is greater than EUR 5 and that
the security is to be forfeit if the country of origin is not
indicated on the import licence or extracts thereof.

Article 15(3) of Commission Regulation (EC) No 1291/
2000 of 9 June 2000 laying down common detailed
rules for the application of the system of import and
export licences and advance fixing certificates for agri-
cultural products (4), which replaces Commission Regu-
lation (EEC) No 3719/88 of 16 November 1988 laying
down common detailed rules for the application of the
system of import and export licences and advance fixing
certificates for agricultural products (5), as last amended
by Regulation (EC) No 1127/1999 (6),
increases the
maximum amount for which a security on a licence is
not required from EUR 5 to EUR 60. Application of
that new amount in the beef and veal sector would lead
to a considerable number of import licences not being
returned to the issuing agency and there would therefore
be no statistical information on licences for that sector.
That provision should therefore be derogated from by
applying the previous threshold of EUR 5.

(3)

Article 15(4) of Regulation (EC) No 1291/2000 in effect
for which Member
increases the maximum amount
States have the option of not requiring the lodging of a
security under certain conditions from EUR 100 to
EUR 500. As Regulation (EC) No 1445/95 derogates
from the previous provision of Regulation (EEC) No

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 143, 27.6.1995, p. 35.
(3) OJ L 192, 28.7.2000, p. 19.
(4) OJ L 152, 24.6.2000, p. 1.
(5) OJ L 331, 2.12.1988, p. 1.
(6) OJ L 135, 29.5.1999, p. 48.

3719/88 on this matter for statistical reasons, the new
provision should similarly be derogated from, as should
Article 5 of Commission Regulation (EEC) No 2220/85
of 22 July 1985 laying down common detailed rules for
the application of the system of securities for agricul-
tural products (7), as last amended by Regulation (EC) No
1932/1999 (8).

The fourth subparagraph of Article 35(2) of Regulation
(EC) No 1291/2000 increases the maximum amount up
to which a security that would be forfeit for a given
licence or certificate is to be released in full by the
Member State from EUR 5 to EUR 60. That provision
involves an inherent risk that a number of
import
licences will not be returned or, on some of the licences
returned, the country of origin will not be indicated.
That would mean that the statistics on the beef and veal
sector would be incomplete. That provision should
therefore be derogated from by applying the previous
maximum amount of EUR 5.

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

Article 6c of Regulation (EC) No 1445/95 is replaced by the
following:

‘Article 6c

1.
Article 15(3) of Commission Regulation (EC) No
1291/2000 (*) notwithstanding, the total amount for which
no security on an import licence is required shall be EUR 5
or less.

2.
Article 15(4) of Regulation (EC) No 1291/2000 and
Article 5 of Regulation (EEC) No 2220/85 shall not apply.

The fourth subparagraph of Article 35(2) of Regula-
3.
tion (EC) No 1291/2000 notwithstanding,
the total
amount of the security which would be forfeit comes to
EUR 5 or less for a given licence or certificate, the Member
State shall release the whole of the security.

if

(*) OJ L 152, 24.6.2000, p. 1.’

(7) OJ L 205, 3.8.1985, p. 5.
(8) OJ L 240, 10.9.1999, p. 11.

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Official Journal of the European Communities

6.1.2001

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

Article 2

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