Commission Regulation (EC) No 1361/2004 of 28 July 2004 amending Regulation (EC) No 1518/2003 laying down detailed rules for implementing the system of export licences in the pigmeat sector
Date: 2004-07-28
Institutions: European Commission
Subjects: export licence, pigmeat

29.7.2004

EN

Official Journal of the European Union

L 253/9

COMMISSION REGULATION (EC) No 1361/2004

of 28 July 2004

amending Regulation (EC) No 1518/2003 laying down detailed rules for implementing the system of
export licences in the pigmeat sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

1. Paragraph 4 is replaced by the following:

(1)

(2)

(3)

Having regard to the Treaty
Community,

establishing the European

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

Whereas:

The economic conditions on the pigmeat export markets
vary widely and, therefore, require further distinctions to
be drawn in the conditions in which export refunds for
products in this sector are granted. 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 efficient use of
the
resources available, as referred to in Article 13(2) of
Regulation (EEC) No 2759/75, it would be advisable to
extend the circumstances, provided for in Article 3(4) of
Commission Regulation (EC) No 1518/2003 (2), in which
the Commission may take steps to restrict the issue of
export licences or the 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.

‘4. 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
period
with
during
concerned,
the limits referred to in Article
13(11) of Regulation (EEC) No 2759/75, or would not
allow exports to continue during the remainder of
the
period, the Commission may:

being
in view of

exhausted

refund

the

a

(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 licence applications for a maximum
period of five working days, extendable by the procedure
specified in Article 24(2) of Regulation (EEC) No
2759/75.

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

applications made

licence

during

Regulation (EC) No 1518/2003 should therefore be
amended accordingly.

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

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

2. The following paragraph 4a is inserted:

HAS ADOPTED THIS REGULATION:

Article 1

Article 3 of Regulation (EC) No 1518/2003 is hereby amended
as follows:

(1) OJ L 282, 1.11.1975, p. 1. Regulation last amended by Regulation

(EC) No 1365/2000 (OJ L 156, 29.6.2000, p. 5).

(2) OJ L 217, 29.8.2003, p. 35. Regulation amended by Regulation (EC)

No 130/2004 (OJ L 19, 27.1.2004, p. 14).

‘4a
The measures provided for in paragraph 4 may also
be adopted where export licence applications relate to quan-
tities which exceed or might exceed the normal disposable
quantities
for one destination and issuing the licences
requested would entail a risk of speculation, distortion of
competition between operators, or disturbance of the trade
concerned or the Community market.’

Article 2

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

L 253/10

EN

Official Journal of the European Union

29.7.2004

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

Done at Brussels, 28 July 2004.

For the Commission

Franz FISCHLER
Member of the Commission