Commission Regulation (EC) No 825/2001 of 27 April 2001 laying down special measures derogating from Regulation (EC) No 800/1999 and Regulation (EC) No 1520/2000 as regards products exported in the form of goods not covered by Annex I to the Treaty
Date: 2001-04-27
Institutions: European Commission
Subjects: agricultural product, aid to agriculture, export (EU), export refund, foot-and-mouth disease

28.4.2001

EN

Official Journal of the European Communities

L 120/5

COMMISSION REGULATION (EC) No 825/2001

of 27 April 2001

laying down special measures derogating from Regulation (EC) No 800/1999 and Regulation (EC)
No 1520/2000 as regards products exported in the form of goods not covered by Annex I to the
Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3448/93 of 6
December 1993 laying down the trade arrangements applicable
to certain goods resulting from the processing of agricultural
products (1), as last amended by Council Regulation (EC) No
2580/2000 (2), and in particular the first subparagraph of
Article 8(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

Following the confirmation of cases of foot-and-mouth
disease in the United Kingdom, France, the Netherlands
and Ireland on 20 February, 13 March and 21 March
2001 respectively, certain protective measures were
to Commission Decision 2001/
introduced pursuant
145/EC (3), which was replaced by Decision 2001/172/
EC (4), as amended in turn by Decision 2001/190/EC (5)
(United Kingdom); Commission Decision 2001/208/
EC (6)
(France); Commission Decision 2001/223/EC (7)
(the Netherlands); and Commission Decision 2001/234/
EC (8) (Ireland).

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.

Commission Regulation (EC) No 1520/2000 (11), as
amended by Regulation (EC) No 2390/2000 (12),
lays
down common detailed rules for the application of the
system of granting export refunds on certain agricultural
products exported in the form of goods not covered by
Annex I to the Treaty, and the criteria for fixing the
amount of such refunds and, in particular, Articles 1, 5
to 15 and Annex F on refund certificates.

The economic interests of exporters have been preju-
diced by the procedures for issuing health certificates
adopted by certain Member States in implementation of
the protective measures provided for by the relevant
Decisions, and by certain measures taken by some third
countries which have resulted in import restrictions. The

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 298, 25.11.2000, p. 5.
(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 177, 15.7.2000, p. 1.
(12) OJ L 276, 27.10.2000, p. 3.

(5)

(6)

(7)

(8)

situation thus created has affected export opportunities
under the conditions laid down by Regulations (EC) No
800/1999 and (EC) No 1520/2000.

It is therefore necessary to limit these harmful effects by
adopting special measures and extending certain time
limits laid down in Regulations (EC) No 800/1999 and
(EC) No 1520/2000 in respect of export procedures
which could not be completed because of the aforemen-
the time limit
tioned circumstances.
provided for by Regulation (EC) No 800/1999 should be
extended to enable operators who have
already
completed the relevant customs export formalities or
placed the goods in question under customs control to
benefit from the extension of the validity of certificates.

In particular,

The benefit of these derogations should be reserved for
operators who can prove, in particular 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),
they were
prevented from carrying out export operations within
the specified period by the aformentioned circumstances.

that

In view of current developments, the present Regulation
should come into force immediately.

The measures provided for by this Regulation are in
conformity with the opinion of
the Management
Committee for Horizontal Questions concerning trade in
processed agricultural products not covered by Annex I
to the Treaty,

HAS ADOPTED THIS REGULATION:

Article 1

1.
The provisions of this Regulation shall apply to the agri-
cultural products exported in the form of goods not covered by
Annex I to the Treaty referred to in Article 1 of Regulation (EC)
No 1520/2000, in so far as the exporter concerned can satisfy
the competent authorities that he was unable to carry out
export operations as a result of measures adopted under
Community legislation or of health measures taken by the
authorities of the third countries of destination following the
confirmation of cases of
foot-and-mouth disease in the
Community.

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

L 120/6

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Official Journal of the European Communities

28.4.2001

the validity of

refund certificates,

In making their appraisal, the competent authorities shall rely,
in particular, on the commercial documents referred to in
Article 1(2) of Regulation (EEC) No 4045/89.
2.
On application by the holder, and by way of derogation
from the first subparagraph of Article 9(2) of Regulation (EC)
issued
No 1520/2000,
pursuant to that Regulation, which were applied for by 22
March 2001 at the latest and which did not expire before 30
March 2001, shall be extended until 30 September 2001 for
the amount of the exports referred to in paragraph 1.
3.
On application by the exporter, and by way of derogation
from Articles 7(1) and 34(1) of Regulation (EC) No 800/1999,
the 60-day time limit for leaving the customs territory of the
Community shall be extended to 150 days in the case of
products for which customs export formalities were completed
by 29 March 2001 at the latest.
4.
The 10 % and 15 % increases referred to in Articles 25(1)
and 35(1) respectively of Regulation (EC) No 800/1999 shall
not apply to exports carried out by 22 March 2001 at the

latest under the derogation provided for in Article 14 of Regu-
lation (EC) No 1520/2000 or to those carried out under cer-
tificates applied for by 22 March 2001 at the latest.

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

Article 2

The Member States shall notify the quantities covered by each
of the measures provided for in this Regulation, specifying the
certificate number and date of issue, the nomenclature code of
the product(s) concerned and the initial and extended periods
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, 27 April 2001.

For the Commission

Erkki LIIKANEN

Member of the Commission