Commission Regulation (EC) No 872/2003 of 20 May 2003 on special measures derogating from Regulations (EC) No 1371/95, (EC) No 1372/95, (EC) No 800/1999 and (EC) No 1291/2000 in the egg and poultrymeat sectors
Date: 2003-05-20
Institutions: European Commission
Subjects: animal disease, bird, customs formalities, export licence, export policy, poultry

21.5.2003

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Official Journal of the European Union

L 125/5

COMMISSION REGULATION (EC) No 872/2003

of 20 May 2003

on special measures derogating from Regulations (EC) No 1371/95, (EC) No 1372/95, (EC) No 800/
1999 and (EC) No 1291/2000 in the egg and poultrymeat sectors

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29
October 1975 on the common organisation of the market in
eggs (1), as last amended by Commission Regulation (EC) No
493/2002 (2), and in particular Article 3(2), Article 8(12) and
Article 15 thereof,

Having regard to Council Regulation (EEC) No 2777/75 of 29
October 1975 on the common organisation of the market in
poultrymeat (3), as last amended by Regulation (EC) No 493/
2002, and in particular Article 3(2), Article 8(12) and Article
15 thereof,

Whereas:

(1)

(2)

(3)

As a result of the cases of avian influenza have occurred
in the Netherlands, protective measures have been
adopted 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
2002/33/EC of
the
Council (5), and under Council Directive 2002/99/EC of
16 December 2002 laying down the animal health rules
governing the production, processing, distribution and
introduction of products of animal origin for human
consumption (6). The Commission has adopted Decision
2003/153/EC of 3 March 2003 concerning protection
measures in relation to strong suspicion of avian influ-
enza in the Netherlands (7), as amended by Decision
2003/156/EC (8).

the European Parliament and of

Council Regulation (EEC) No 565/80 (9), as last amended
by Commission Regulation No 444/2003 (10), lays down
general rules on the advance payment of export refunds
in respect of agricultural products.

Commission Regulation (EC) No 800/1999 (11), as last
amended by Regulation (EC) No 444/2003, lays down
detailed rules for applying the system of export refunds
on agricultural products.

(1) OJ L 282, 1.11.1975, p. 49.
(2) OJ L 77, 20.3.2002, p. 7.
(3) OJ L 282, 1.11.1975, p. 77.
(4) OJ L 224, 18.8.1990, p. 29.
(5) OJ L 315, 19.11.2002, p. 14.
(6) OJ L 18, 23.1.2003, p. 11.
(7) OJ L 59, 4.3.2003, p. 32.
(8) OJ L 64, 7.3.2003, p. 36.
(9) OJ L 62, 7.3.1980, p. 5.
(10) OJ L 67, 12.3.2003, p. 3.
(11) OJ L 102, 17.4.1999, p. 11.

(4)

(5)

(6)

(7)

(8)

Commission Regulation (EC) No 1291/2000 (12), as last
amended by Regulation (EC) No 325/2003 (13),
lays
down common detailed rules for applying the system of
import and export licences and advance fixing certifi-
cates for agricultural products.

Commission Regulation (EC) No 1371/95 (14), as last
amended by Regulation (EC) No 2260/2001 (15), and
Commission Regulation (EC) No 1372/95 (16), as last
amended by Regulation (EC) No 1383/2001 (17),
lay
down rules for implementing the system of export
licences in the eggs and poultrymeat sectors, respec-
tively.

The occurrence of cases of avian influenza has led the
authorities of certain third countries to take health
measures with regard to exports of eggs and poultry
products from the Netherlands and other Member States.
Those measures have seriously affected the financial
interests of exporters. The situation thus created has
seriously affected export opportunities under the condi-
tions laid down in Regulations (EC) No 1371/95, (EC)
No 1372/95,
(EC) No 800/1999 and (EC) No 1291/
2000.

Those adverse effects should be mitigated by the adop-
tion of special measures, in particular the cancellation of
export licences issued and the extension of certain time
limits laid down in Regulations (EC) No 1371/95, (EC)
No 1372/95,
(EC) No 800/1999 and (EC) No 1291/
2000 relating to certain export operations which could
not be carried out because of the health measures taken.
In particular, operators who have already completed
customs export
formalities or placed their products
under customs supervision should be allowed the same
benefits as stem from extension of the term of validity of
transport
for
licences by extending the time limit
provided for in Regulation (EC) No 800/1999.

The special measures provided for in this Regulation
should apply only to those operators who can prove, on
the basis of the documents referred to in Article 1(2) of
Council Regulation (EEC) No 4045/89 (18), as
last
amended by Regulation (EC) No 2154/2002 (19), that
they were unable to carry out the export operations
within the prescribed time limits as a result of the health
measures taken to combat avian influenza.

(12) OJ L 152, 24.6.2000, p. 1.
(13) OJ L 47, 21.2.2003, p. 21.
(14) OJ L 133, 17.6.1995, p. 16.
(15) OJ L 305, 22.11.2001, p. 11.
(16) OJ L 133, 17.6.1995, p. 26.
(17) OJ L 186, 7.7.2001, p. 26.
(18) OJ L 388, 30.12.1989, p. 18.
(19) OJ L 328, 5.12.2002, p. 4.

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Official Journal of the European Union

21.5.2003

(9)

(10)

In view of the speed at which the situation is evolving,
this Regulation must enter into force immediately.

— which had been placed under one of the customs control
procedures referred to in Articles 4 and 5 of Regulation
(EEC) No 565/80 by 28 February 2003 at the latest.

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

On application by the exporter, and provided that he
the various securities

2.
repays any refund paid in advance,
pertaining to the operations shall be released for products:

HAS ADOPTED THIS REGULATION:

Article 1

1.
This Regulation shall apply to the products listed in
Article 1(1) of Regulations (EEC) No 2771/75 and (EEC) No
2777/75.

2.
This Regulation shall apply only in cases where exporters
prove to the satisfaction of the competent authorities of the
Member States concerned that
they were unable to export
owing to measures taken in accordance with Community legis-
lation or health measures taken by the authorities of the third
countries of destination in response to the discovery of cases of
avian influenza in the Community.

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

Article 2

On application by the holder, where export

1.
licences
issued under Regulation (EC) No 1372/95 were applied for no
later than 28 February 2003 and did not expire before 28
February 2003,
they shall be cancelled and the security
released.

On application by the holder, where export

2.
licences
issued under Regulation (EC) No 1371/95 were applied for no
later than 28 February 2003, their period of validity shall be
extended by:

— four months for licences expiring during March 2003,

— three months for licences expiring during April 2003,

— two months for licences expiring during May 2003,

— for which the

formalities had been
completed but which had not yet left the Community's
customs territory by 28 February 2003 at the latest, or

customs

export

— which had been placed under one of the customs control
procedures referred to in Articles 4 and 5 of Regulation
(EEC) No 565/80 by 28 February 2003 at the latest.

3. When products which, by 28 February 2003 at the latest,
had left the Community's customs territory and for which the
customs formalities had been completed by the same date, are
brought back and released for free circulation in the Commu-
nity, the exporter shall repay any refund paid in advance and
the various securities pertaining to the operations shall be
released on application by the exporter.

4.
On application by the exporter, products which, by 28
February 2003 at the latest, had left the Community's customs
territory and for which the customs formalities had been
completed by the same date, may be brought back to be placed
in a free zone, free warehouse or under the customs ware-
housing procedure for a maximum of 120 days before reaching
their final destination. The payment of the refund for the actual
final destination or the security lodged in respect of the licence
shall not be affected.

Article 4

In respect of exports made under licences applied for by
1.
28 February 2003 at the latest, the following provisions of
Regulation (EC) No 800/1999 shall not apply:

— Article 18(3)(a),

— one month for licences expiring during June 2003.

— the 20 % reduction provided for in the second indent of

Article 18(3)(b),

Article 3

— the 10 % increase provided for in Article 25(1),

1.
On application by the exporter, the 60-day time limit
within which products must leave 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 shall be extended to 150 days for products:

— for which the

customs

export

formalities had been

completed by 28 February 2003 at the latest, or

— the 15 % increase provided for in the second subparagraph

of Article 35(1).

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.

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For each situation indicated in Articles 2 and 3, Member States shall notify to the Commission the quanti-
ties of products concerned for the previous week on Thursdays, specifying the date of issue of the licences.

Article 5

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

Article 6

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

Done at Brussels, 20 May 2003.

For the Commission

Franz FISCHLER

Member of the Commission