Commission Regulation (EC) No 369/2001 of 23 February 2001 laying down special measures derogating from Regulations (EC) No 800/1999, (EEC) No 3719/88 and (EC) No 1291/2000 in the cereal-based compound feedingstuffs sector
Date: 2001-02-23
Institutions: European Commission
Subjects: animal nutrition, cereal product, customs document, customs regulations, export refund, manufactured feedingstuffs

24.2.2001

EN

Official Journal of the European Communities

L 55/41

COMMISSION REGULATION (EC) No 369/2001

of 23 February 2001

laying down special measures derogating from Regulations (EC) No 800/1999, (EEC) No 3719/88
and (EC) No 1291/2000 in the cereal-based compound feedingstuffs sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(6)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/
2000 (2), and in particular Articles 13 and 21 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

spongiform encephalopathies

Council Decision 2000/766/EC of 4 December 2000
concerning certain protection measures with regard to
transmissible
and the
feeding of animal protein (3) requires the Member States
to prohibit, in particular, the exportation to third coun-
tries of processed animal proteins intended for the
feeding of farmed animals kept for the production of
food.

Commission Regulation (EC) No 800/1999 (4), as last
amended by Regulation (EC) No 90/2001 (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, for
licences applied for from 1 October 2000, Commission
Regulation (EC) No 1291/2000 (8) lay down common
detailed rules for the application of the system of import
and export licences and advance fixing certificates for
agricultural products.

Council Regulation (EEC) No 565/80 (9), as amended by
Regulation (EEC) No 2026/83 (10),
lays down general
rules on the advance payment of export refunds in
respect of agricultural products.

Commission Regulation (EC) No 1517/95 (11) lays down
detailed rules for the application of Regulation (EEC) No
1766/92 as regards the arrangements for the export and
import of compound feedingstuffs based on cereals.

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 306, 7.12.2000, p. 32.
(4) OJ L 102, 17.4.1999, p. 11.
(5) OJ L 14, 18.1.2001, p. 22.
(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 62, 7.3.1980, p. 5.
(10) OJ L 199, 22.7.1983, p. 12.
(11) OJ L 147, 30.6.1995, p. 51.

In view of the presence of processed animal protein in
compound feedingstuffs based on cereals, health meas-
ures taken by the Community in relation to exports have
seriously affected the financial interests of exporters. The
possibilites for exportation under the terms of Regula-
tions (EEC) No 565/80, (EC) No 800/1999, (EEC) No
3719/88 and (EC) No 1291/2000 have been restricted.

(7)

(8)

It is therefore necessary to limit the adverse impact on
exporters by adopting special provisions applying to
export operations that in these circumstances it has not
been possible to complete, in particular the release of
the security covering unused export licences.

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 (12), as last amended by Regulation (EEC) No 3235/
94 (13), that they have in the circumstances been unable
to export.

(9)

Given the situation for operators, this Regulation should
enter into force immediately.

(10)

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

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation shall apply to the products listed in

1.
Article 1(1) of Regulation (EC) No 1517/95.

2.
It shall apply only in cases where the exporter shows to
the satisfaction of the competent authority that he was unable
to complete export operations which were otherwise in accord-
ance with Community rules, owing to the introduction of
health measures taken by the Community due to the presence
of processed animal proteins
in cereal-based compound
feedingstuffs.

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

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

L 55/42

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Official Journal of the European Communities

24.2.2001

Article 2

1.
At the holder's request export licences issued under Regu-
lation (EC) No 1517/95 that were applied for on or before 7
December 2000 shall be cancelled and the security released.

On application by the exporter and concerning products

2.
for which by 31 December 2000:

— the customs export formalities had been completed but
they had not yet left the Community's customs territory or
they 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 customs formalities had been completed and they had
left
they may be
brought back. The exporter shall repay any refund paid in

the Community's customs territory,

advance and the various securities pertaining to the opera-
tions shall be released.

3.
If entitlement to the refund is lost pursuant to the condi-
tions laid down in this Regulation stipulate that the penalty
specified in Article 51(1)(a) of Regulation (EC) No 800/1999
shall not apply.

Article 3

For each situation indicated in Article 2, Member States shall,
every Wednesday, report the quantities for products concerned
for the previous week, specifying the date of
issue of the
licences and certificates and the respective CN codes.

Article 4

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, 23 February 2001.

For the Commission

Franz FISCHLER

Member of the Commission