Commission Regulation (EC) No 1012/2001 of 23 May 2001 on special measures derogating from Regulations (EC) No 1370/95, (EC) No 800/1999 and (EC) No 1291/2000 in the pigmeat sector
Date: 2001-05-23
Institutions: European Commission
Subjects: export licence, export policy, export refund, pigmeat

24.5.2001

EN

Official Journal of the European Communities

L 140/37

COMMISSION REGULATION (EC) No 1012/2001

of 23 May 2001

on special measures derogating from Regulations (EC) No 1370/95, (EC) No 800/1999 and (EC) No
1291/2000 in the pigmeat sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2759/75 of 29
October 1975 on the common organisation of the market in
pigmeat (1), as last amended by Regulation (EC) No 1365/
2000 (2), and in particular Articles 8(2), 13(12) and 22 thereof,

Whereas;

(1)

(2)

(3)

(4)

checks applicable

As a result of the cases of foot-and-mouth disease that
have occurred in several Member States, protective
measures have been adopted under Council Directive
90/425/EEC of 26 June 1999 concerning veterinary and
zootechnical
in intra-Community
trade in certain live animals and products with a view to
the completion of
last
amended by Directive 92/118/EEC (4), 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 (5), as last amended by
Directive 92/118/EEC, and in particular Article 9
thereof.

the internal market (3), as

Council Regulation (EEC) No 565/80 (6), as amended by
Regulation (EEC) No 2026/83 (7),
lays down general
rules on the advance payment of export refunds in
respect of agricultural products.

Commission Regulation (EC) No 800/1999 (8), as last
amended by Regulation (EC) No 90/2001 (9), lays down
detailed rules for applying the system of export refunds
on agricultural products.

Commission Regulation (EC) No 1291/2000 (10),
lays
down common detailed rules for applying the system of
import and export licences and advance fixing certi-
ficates for agricultural products.

(6)

(7)

(8)

down rules of application for export licences in the
pigmeat sector.

The occurrence of cases of foot-and-mouth disease has
led the authorities of certain third countries to take
health measures with regard to exports of pigmeat
which have seriously affected the financial interests of
exporters. The situation thus created has
seriously
affected export opportunities under the conditions laid
down in Regulations (EC) No 1370/95, (EC) No 800/
1999 and (EC) No 1291/2000.

Those adverse effects must be mitigated by adopting
special measures, in particular to cancel export licences
issued and extend certain time limits laid down in Regu-
lations (EC) No 1370/95, (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. In particular, operators who have
already completed 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 extending the transport time
limit 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 (13), as last amended by Regula-
tion (EC) No 3235/94 (14), 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.

(9)

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

(10)

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

(5)

Commission Regulation (EC) No 1370/95 (11), as last
amended by Regulation (EC) No 2898/2000 (12),
lays

HAS ADOPTED THIS REGULATION:

(1) OJ L 282, 1.11.1975, p. 1.
(2) OJ L 156, 29.6.2000, p. 5.
(3) OJ L 224, 18.8.1990, p. 29.
(4) OJ L 62, 15.3.1993, p. 49.
(5) OJ L 395, 30.12.1989, p. 13.
(6) OJ L 62, 7.3.1980, p. 5.
(7) OJ L 199, 22.7.1983, p. 12.
(8) OJ L 102, 17.4.1999, p. 11.
(9) OJ L 14, 18.1.2001, p. 22.
(10) OJ L 152, 24.6.2000, p. 1.
(11) OJ L 133, 17.6.1995, p. 9.
(12) OJ L 336, 30.12.2000, p. 32.

Article 1

This Regulation shall apply to the products listed in

1.
Article 1(1) of Regulation (EEC) No 2759/75.

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

L 140/38

EN

Official Journal of the European Communities

24.5.2001

It shall apply only in cases where exporters prove to the
2.
satisfaction of the competent authorities that they were unable
to export owing to measures
taken in accordance with
Community legislation or health measures taken by the author-
ities of the third countries of destination in response to the
in the
discovery of
Community.

foot-and-mouth disease

cases of

The competent authorities shall base their assessment on the
commercial documents referred to in Article 1(5) of Regulation
(EEC) No 4045/89.

Article 2

At

the holder's request, export

1.
licences issued under
Regulation (EC) No 1370/95 that were applied for no later
than 30 March 2001 and did not expire before 20 February
2001 shall be cancelled and the security released

On application by the exporter and for products for

2.
which, by 30 March 2001 at the latest;

— 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 Articles
7(1) and 34(1) of Regulation (EC) No 800/1999 shall be
raised to 150 days,

— 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 which had
left the Community's customs territory, such products 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 opera-
tions shall be released,

— the customs formalities had been completed and which had
left the Community's customs territory, such products may
be brought back to be placed under a suspensive procedure
in a free zone, free warehouse or customs warehouse for a
maximum of 120 days before reaching their final destina-
tion. This shall not affect payment of the refund for the
actual final destination or the security lodged in respect of
the licence.

Article 3

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 subpara-
graph of Article 35(1) of Regulation (EC) No 800/1999 respec-
tively shall not apply to exports made under licences applied
for no later than 30 March 2001.

2. 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 4

For each situation indicated in Article 2, Member States shall
notify the quantities of products concerned for the previous
week on Thursdays, specifying the date of issue of the licences
and the respective category.

Article 5

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 May 2001.

For the Commission

Franz FISCHLER

Member of the Commission