Commission Regulation (EC) No 795/2001 of 25 April 2001 on special measures derogating from Regulations (EC) No 174/1999, (EC) No 800/1999 and (EC) No 1291/2000 in the milk and milk products sector
Date: 2001-04-25
Institutions: European Commission
Subjects: export licence, export refund, foot-and-mouth disease, milk, milk product

L 116/14

EN

Official Journal of the European Communities

26.4.2001

COMMISSION REGULATION (EC) No 795/2001

of 25 April 2001

on special measures derogating from Regulations (EC) No 174/1999, (EC) No 800/1999 and (EC) No
1291/2000 in the milk and milk products sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Regulation (EC) No
1670/2000 (2), and in particular Article 26(3), Article 31(14)
and Article 40 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Cases of foot-and-mouth disease were discovered on 20
February, 13, 21 and 22 March 2001 in the United
Kingdom, France, the Netherlands and Ireland. These
triggered the adoption of protective measures in the
United Kingdom by Commission Decision 2001/
145/EC (3), replaced by Decision 2001/172/EC (4), in its
turn amended by Decision 2001/190/EC (5); in France
by Commission Decision 2001/208/EC (6); in the Neth-
erlands by Commission Decision 2001/223/EC (7) and in
Ireland by Commission Decision 2001/234/EC (8).

Commission Regulation (EC) No 800/1999 (9), as last
amended by Regulation (EC) No 90/2001 (10), lays down
common detailed rules for the application of the system
of export refunds on agricultural products.

lays
Commission Regulation (EC) No 1291/2000 (11)
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 174/1999 (12), as last
amended by Regulation (EC) No 2884/2000 (13),
lays
the application of
down special detailed rules
Council Regulation (EEC) No 804/68 (14),
last
amended by Regulation (EC) No 1587/96 (15), as regards
export licences and export refunds in the case of milk
and milk products.

for

as

The lengthy procedures for the issue of animal health
certificates practised by certain Member States relating to
the protective measures adopted by the relevant Deci-
sions and measures taken by third countries resulting in

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 193, 29.7.2000, p. 10.
(3) OJ L 53, 23.2.2001, p. 25.
(4) OJ L 62, 2.3.2001, p. 22.
(5) OJ L 67, 9.3.2001, p. 88.
(6) OJ L 73, 15.3.2001, p. 38.
(7) OJ L 82, 22.3.2001, p. 29.
(8) OJ L 84, 23.3.2001, p. 62.
(9) OJ L 102, 17.4.1999, p. 11.
(10) OJ L 14, 18.1.2001, p. 22.
(11) OJ L 152, 24.6.2000, p. 1.
(12) OJ L 20, 27.1.1999, p. 8.
(13) OJ L 333, 29.12.2000, p. 76.
(14) OJ L 148, 28.6.1968, p. 13.
(15) OJ L 206, 16.8.1996, p. 21.

import restrictions have adversely affected the financial
interests of the exporters. The situation thus created has
affected export opportunities under the conditions laid
down in Regulations (EC) No 174/1999, (EC) No 800/
1999 and (EC) No 1291/2000.

Those adverse effects must be limited by the adoption of
special measures, and certain time limits laid down in
Regulations (EC) No 174/1999, (EC) No 800/1999 and
(EC) No 1291/2000 relating to certain export operations
which could not be completed because of the circum-
stances mentioned, should be extended. In particular,
operators who have already competed customs export
formalities or placed their products under customs
supervision should be allowed the same benefit derived
from extending the term of licence validity by means of
extending the transport time limit as provided for in
Regulation (EC) No 800/1999.

Only those operators who can prove, on the basis of the
documents referred to in Article 1(2) of Council Regula-
tion (EEC) No 4045/89 (16), as last amended by Regula-
tion (EC) No 3235/94 (17), that they were unable to carry
out the export operations within the time limits laid
down as a result of the circumstances mentioned above
should be allowed to benefit from the derogations.

In view of the rate at which events are developing this
Regulation must enter into force immediately.

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

(6)

(7)

(8)

(9)

HAS ADOPTED THIS REGULATION:

Article 1

1.
The following provisions shall apply to the products
listed in Section 9 of Annex I to Regulation (EEC) No 3846/87,
provided that the exporter concerned can supply proof to the
satisfaction of the competent authorities that he was not able
to complete the export operations as a result of measures
adopted under Community legislation or of animal health
measures adopted by authorities in third countries of destina-
tion owing to the discovery of cases of foot-and-mouth disease
in the Community.

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

26.4.2001

EN

Official Journal of the European Communities

L 116/15

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

2.
By derogation from Article 6 of Regulation (EC) No
licences issued
174/1999,
pursuant to that Regulation and applied for no later than 22
March 2001 shall be extended at the request of the holder by:

the term of validity of export

— three months for licences whose term of validity expires on

31 March 2001,

— two months for licences whose term of validity expires on

30 April 2001,

— one month for licences whose term of validity expires on

31 May 2001.

3.
By derogation from Article 32(1)(b)(i) of Regulation (EC)
No 1291/2000 and from Article 7(1) and Article 34(1) of
Regulation (EC) No 800/1999, at the request of the exporter
and in respect of products for which the customs export
formalities have been completed by 29 March 2001 at the
latest, the time limit of 60 days shall be extended to 150 days.

The increases of 10 % and 15 % referred to in Article
4.
25(1) and in the second subparagraph of Article 35(1) respec-
tively of Regulation (EC) No 800/1999 shall not apply to
exports effected under licences applied for by 22 March 2001
at the latest.

Where the right to a refund is lost the penalty laid down in
Article 51(1)(a) of Regulation (EC) No 800/1999 shall not
apply.

Article 2

The Member States shall notify the quantities of the products
concerned by each of the measures laid down in this Regula-
tion, detailing the number and date of issue of the licence, the
export refunds nomenclature code, the quantity of the prod-
ucts, the initial term of validity and the extended term of
validity.

Article 3

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, 25 April 2001.

For the Commission

Franz FISCHLER

Member of the Commission