Commission Regulation (EC) No 44/2003 of 10 January 2003 amending Regulation (EC) No 2584/2000 establishing a system for the communication of information on certain supplies of beef, veal and pigmeat by road to the territory of the Russian Federation
Date: 2003-01-10
Institutions: European Commission
Subjects: Russia, beef, exchange of information, information system, pigmeat, road transport

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Official Journal of the European Communities

11.1.2003

COMMISSION REGULATION (EC) No 44/2003

of 10 January 2003

amending Regulation (EC) No 2584/2000 establishing a system for the communication of informa-
tion on certain supplies of beef, veal and pigmeat by road to the territory of the Russian
Federation

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), as last amended by Commission Regulation (EC)
No 2345/2001 (2), and in particular Article 33(12) and Article
41 thereof, and to the corresponding provisions of the other
regulations on the common organisation of the markets in agri-
cultural products,

Whereas:

(1)

(2)

(3)

(4)

Article 2 of Protocol 2 on mutual administrative assis-
tance for the correct application of customs legislation
annexed to the Partnership and Cooperation Agreement
between the European Communities and their Member
States, of the one part, and the Russian Federation, of
the other part (3), provides that the parties are to assist
each other
legislation is
in ensuring that customs
correctly applied, in particular by the prevention, detec-
tion and investigation of contraventions of that legisla-
tion. To implement that administrative assistance, the
Commission, represented by the European Anti-Fraud
Office (hereinafter referred to as ‘OLAF’), and the Russian
authorities have concluded an arrangement establishing
a mechanism for the communication of information on
movements of goods between the Community and the
Russian Federation.

As part of that administrative assistance, Regulation (EC)
No 2584/2000 (4) laid down, specifically in relation to
the transport by road of beef, veal and pigmeat products
bound for the Russian Federation, the information which
operators must forward to the competent authorities of
the Member States and the system for communicating
that information between the competent authorities of
the Member States, OLAF and the Russian authorities.

That
information and the system of communication
introduced will make it possible to trace exports of the
products concerned to the Russian Federation and,
where appropriate, detect cases in which a refund is not
due and must be recovered.

In view of the success of the system introduced by Regu-
lation (EC) No 2584/2000, the system for the communi-
cation of information should be extended to exports of

(1) OJ L 160, 26.6.1999, p. 21.
(2) OJ L 315, 1.12.2001, p. 29.
(3) OJ L 327, 28.11.1997, p. 48.
(4) OJ L 298, 25.11.2000, p. 16.

the products concerned by any type of
transport, a
means should be devised to enable the exporter to
specify more precisely the type of transport employed
and a legal value should be conferred on the information
obtained through this system.

Article 16(4) of Commission Regulation (EC) No 800/
1999 of 15 April 1999 laying down common detailed
rules for the application of the system of export refunds
on agricultural products (5), as last amended by Regula-
tion (EC) No 1253/2002 (6), specifies that the Commis-
sion may provide in certain specific cases for proof of
import to be furnished by specific documents or in some
other way. Consequently, for the exports provided for by
this Regulation, the information from the Russian autho-
rities should be considered a new source of proof
supplementing the existing sources of proof.

Regulation (EC) No 2584/2000 should accordingly be
amended.

The measures provided for in this Regulation are in
accordance with the opinions of
the Management
Committees concerned,

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2584/2000 is hereby amended as follows:

1. In the title, the words ‘by road’ are deleted.

2. In the first subparagraph of Article 1, the words ‘by truck’

are deleted.

3. Article 2 is replaced by the following:

‘Article 2

Exporters wishing to benefit from the provisions referred to
in Article 4(2) shall communicate to the central body desig-
nated by each Member State of export, for each export
declaration, within ten working days of
the date of
unloading of the products in Russia, the following informa-
tion:

(a) the export declaration number, the customs office of
export and the date on which the export customs form-
alities were completed;

(5) OJ L 102, 17.4.1999, p. 11.
(6) OJ L 183, 12.7.2002, p. 12.

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(b) a description of the goods,

indicating the eight-figure

(h) the date of delivery of the product to the warehouse

product code of the combined nomenclature;

under customs supervision in Russia.’

(c) the net quantity in kilograms;

(d) the TIR carnet number or the reference number of the
Russian DKD internal transit document, or the number
of the TD1/IM40 declaration of release for home use in
Russia;

(e) the container number, if applicable;

(f) the identification number and/or the name of the means
of transport at the time of entry of the consignment in
Russia;

(g) the licence number of the warehouse under customs
supervision to which the product was delivered in
Russia;

4. Article 4(2) is replaced by the following:

‘2. Where it is positive, the reply of the Russian authori-
ties, as referred to in Article 3(3), shall be regarded as proof
that the customs import formalities have been completed in
accordance with Article 16(1) of Regulation (EC) No 800/
1999.’

Article 2

This Regulation shall enter
into force on the third day
following its publication in the Official Journal of the European
Communities.

It shall apply to consignments for which export declarations
are accepted from 1 June 2003.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 January 2003.

For the Commission

Franz FISCHLER

Member of the Commission