Commission Regulation (EC) No 908/2001 of 8 May 2001 amending for the second time 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: 2001-05-08
Institutions: European Commission
Subjects: agricultural guidance, beef, derogation from EU law, export refund, extra-EU trade, intra-EU trade

9.5.2001

EN

Official Journal of the European Communities

L 127/33

COMMISSION REGULATION (EC) No 908/2001

of 8 May 2001

amending for the second time 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,

(7)

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

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,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1)

(2)

(3)

(4)

(5)

The health protection measures adopted by the authori-
ties of certain non-member countries regarding exports
of 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), amended
by Regulation (EC) No 652/2001 (3), introduced meas-
ures to mitigate certain of those serious consequences.

The cases of foot-and-mouth disease that have occured
in several Member States have led to adoption of protec-
tive measures under Council Directive 90/425/EEC of 26
June 1990 concerning veterinary and zootechnical
checks applicable in intra-Community trade in certain
live animals and products with a view to the completion
of the internal market (4), as last amended by Directive
92/118/EEC (5), and in particular Article 10 thereof, and
under Council Directive 89/662/EEC of 11 December
1989 concerning veterinary checks in intra-Community
trade with a view to the completion of the internal
market (6), as last amended by Directive 92/118/EEC,
and in particular Article 9 thereof.

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

To limit the damaging consequences for Community
exporters, foot-and-mouth disease should be included
within the scope of Regulation (EC) No 23/2001, and so
the application of special derogating measures and the
extension of certain time limits should be authorised.

(6)

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

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 3, 6.1.2001, p. 7.
(3) OJ L 91, 31.3.2001, p. 60.
(4) OJ L 224, 18.8.1990, p. 29.
(5) OJ L 62, 15.3.1993, p. 49.
(6) OJ L 395, 30.12.1989, p. 13.

Articles 1, 2, 3 and 4 of Regulation (EC) No 23/2001 are
replaced by the following:

‘Article 1

This Regulation shall apply to the products listed in

1.
Article 1(1) of Regulation (EC) No 1254/1999.

2.
It shall apply only in cases where the exporter shows
to the satisfaction of the competent authority that he was
unable to export owing to:

(a) the introduction of health measures by the authorities
of the countries of destination in response to the cases
of bovine spongiform encephalopathy; or

(b) the introduction, in response to detection of cases of
foot-and-mouth disease in the Community, of measures
adopted in line with Community legislation or of health
measures by the authorities of
the countries of
destination.

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

Article 2

1.
At the holder's request export licences issued under
Regulation (EC) No 1445/95 that were applied for by 30
March 2001 shall, if their validity did not expire before 1
November 2000, be cancelled and the security released.

On application by the exporter in the case of prod-

2.
ucts for which by 30 March 2001:

— the customs export formalities had been completed 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 60-day time limit for
leaving the Community's customs territory referred to
in Article 32(1)(b)(i) of Regulation (EC) No 1291/2000
and Article 7(1) and Article 34(1) of Regulation (EC) No
800/1999 is raised to 210 days but shall not extend
beyond 31 December 2001,

L 127/34

EN

Official Journal of the European Communities

9.5.2001

— 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 210 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.

Article 3

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 30 March 2001 for the
total quantity of meat entered on a certificate as provided
for in Article 4(1) of Regulation (EEC) No 1964/82 issued
before 30 March 2001, retain the special refund on the
quantities exported and released for consumption in a third
country. The requirements of Article 6(5) of Regulation
(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.
In Article 18(3)(a), the 20 % reduction indicated in
the second indent of Article 18(3)(b) and the 10 % and
15 % increases indicated 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 30 March 2001.

2.
If entitlement to the refund is lost, the penalty speci-
fied in Article 51(1) 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, 8 May 2001.

For the Commission

Franz FISCHLER

Member of the Commission