Commission Regulation (EC) No 360/2004 of 27 February 2004 amending Regulation (EC) No 1445/95 on rules of application for import and export licences in the beef and veal sector
Date: 2004-02-27
Institutions: European Commission
Subjects: beef, export licence, import licence

28.2.2004

EN

Official Journal of the European Union

L 63/13

COMMISSION REGULATION (EC) No 360/2004

of 27 February 2004

amending Regulation (EC) No 1445/95 on rules of application for import and export licences in
the beef and veal sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

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 33(12) thereof,

Whereas:

(1)

(2)

(3)

(4)

The economic conditions on the beef and veal export
markets vary widely and the bilateral agreements regu-
larly concluded widen disparities in the conditions in
which export refunds are granted for products in this
sector. In order to attain more effectively the objectives
of adjustment of the method for the allocation of the
quantities which may be exported with a refund and effi-
cient use of the resources available, as referred to in
Article 33(2) of Regulation (EC) No 1254/1999,
it
would be
circumstances,
provided for in Article 10(2) of Commission Regulation
(EC) No 1445/95 (2), in which the Commission may take
steps to restrict
licences or the
the issue of export
lodging of applications for such licences during the
reflection period for which provision is made following
the lodging of applications. It would also be advisable to
provide for these measures to be taken by destination or
group of destinations.

to extend the

advisable

In view of the use made of the special scheme for
exports to the United States, as provided in Commission
Regulation (EEC) No 2973/79 of 21 December 1979
laying down detailed rules for the application of granting
of assistance for the export of beef and veal products
which may benefit from a special import treatment in a
third country (3), and in order to avoid needless adminis-
trative work, the quarterly carryover of quantities not
used under this scheme, as provided for in Article 12(8)
of Regulation (EC) No 1445/95, should be abolished.

Regulation (EC) No 1445/95 should be amended accord-
ingly.

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

Article 1

Regulation (EC) No 1445/95 is hereby amended as follows:

1. Article 10 is amended as follows:

(a) paragraph 2 is replaced by the following:

‘2. Where the issue of export
licences would or
might result in the available budgetary amounts being
exceeded or in the maximum quantities which may be
exported with a refund being exhausted during the
period concerned, in view of the limits referred to in
Article 33(11) of Regulation (EC) 1254/1999, or would
not allow exports to continue during the remainder of
the period, the Commission may:

(a) set an acceptance percentage for

the quantities

applied for,

(b) reject applications for which licences have not yet

been granted,

(c) suspend lodging of

a
licence
maximum period of five working days, extendable
by the procedure specified in Article 43 of Regu-
lation (EC) No 1254/1999.

applications

for

In the circumstances referred to in point (c) of the first
subparagraph,
licence applications made during the
suspension period shall be invalid.

The measures provided for in the first subparagraph
may be implemented or modulated by category of
product and by destination or group of destinations.’;

(b) the following paragraph 2a is inserted:

‘2a.
The measures provided for in paragraph 2 may
also be adopted where export licence applications relate
to quantities which exceed or might exceed the normal
disposable quantities for one destination or group of
destinations and issuing the licences requested would
entail a risk of speculation, distortion of competition
between operators, or
trade
concerned or the Community market.’;

disturbance of

the

(1) OJ L 160, 26.6.1999, p. 21, Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(2) OJ L 143, 27.6.1995, p. 35, Regulation as last amended by Regu-

lation (EC) No 852/2003 (OJ L 123, 17.5.2003, p. 9).

(3) OJ L 336, 29.12.1979, p. 44, Regulation as last amended by Regu-

lation (EEC) No 3434/87 (OJ L 327, 18.11.1987, p. 7).

2. In Article 12, paragraph 8 is replaced by the following:

‘8.
If the quantities in respect of which licences have
been applied for exceed those available, the Commission
shall set a single acceptance percentage for the quantities
requested.’

L 63/14

EN

Official Journal of the European Union

28.2.2004

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

Article 2

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

Done at Brussels, 27 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission