Commission Regulation (EC) No 652/2001 of 30 March 2001 amending Regulation (EC) No 23/2001 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: 2001-03-30
Institutions: European Commission
Subjects: beef, customs regulations, derogation from EU law, export licence, export refund

L 91/60

EN

Official Journal of the European Communities

31.3.2001

COMMISSION REGULATION (EC) No 652/2001

of 30 March 2001

amending Regulation (EC) No 23/2001 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,

February 2001 shall, if their validity did not expire before 1
November 2000, be cancelled and the security released.

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 Article 29(2)(a), Article 33(12)
and Article 41 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The health measures adopted by the authorities of
regarding exports of
certain non-member countries
bovine animals and the meat of
those animals in
response to bovine spongiform encephalopathy have
had serious economic consequences for exporters.

Commission Regulation (EC) No 23/2001 (2) introduces
measures
serious
consequences.

to mitigate

certain

those

of

The measures adopted by those non-member countries
are still in force and in certain cases have been strength-
ened.

The damaging consequences for Community exporters
should be limited by extending certain time limits.

In the light of the situation, this Regulation should enter
into force immediately.

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

On application by the exporter in the case of prod-

2.
ucts for which by 20 February 2001:

— the customs export formalities had been completed or
the customs
which had been placed under one of
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 210 days. The time limit shall not,
however, extend beyond 31 December 2001,

— the customs export formalities had been completed but
which had not yet left the Community's customs terri-
tory 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 customs formalities had been completed and which
had left the Community's customs territory, they may
be 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
operations shall be released,

— the customs formalities had been completed and which
had left the Community's customs territory, they may
be brought back to be placed under a suspensive proce-
dure in a free zone, free warehouse or customs ware-
house for a maximum of 120 days before reaching their
final destination; this shall not affect payment of the
refund for the actual final destination or the security
lodged in respect of the licence.

Articles 2, 3 and 4 of Regulation (EC) No 23/2001 are replaced
by the following:

Article 3

‘Article 2

1.
At the holder's request export licences issued under
Regulation (EC) No 1445/95 that were applied for by 20

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 3, 6.1.2001, p. 7.

Notwithstanding the first subparagraph of Article 6(1) of
Regulation (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 20 February 2001 for the

31.3.2001

EN

Official Journal of the European Communities

L 91/61

total quantity of meat entered on a certificate as provided
for in Article 4(1) of Regulation (EEC) No 1964/82 issued
before 20 February 2001, 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 Regula-
tion (EEC) No 1964/82 shall not apply in these cases.

The above provisions shall also apply if, as a result of
application 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
subparagraph of Article 35(1) of Regulation (EC) No 800/
1999 respectively shall not apply to exports made under
licences applied for by 20 February 2001.

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

Article 2

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, 30 March 2001.

For the Commission

Franz FISCHLER

Member of the Commission