Commission Regulation (EC) No 1498/2004 of 24 August 2004 amending Regulation (EC) No 633/2004 laying down detailed rules for implementing the system of export licences in the poultrymeat sector
Date: 2004-08-24
Institutions: European Commission
Subjects: export licence, export refund, poultrymeat

L 275/8

EN

Official Journal of the European Union

25.8.2004

COMMISSION REGULATION (EC) No 1498/2004

of 24 August 2004

amending Regulation (EC) No 633/2004 laying down detailed rules for implementing the system of
export licences in the poultrymeat sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Article 3 of Regulation (EC) No 633/2004 is hereby amended as
follows:

Article 1

1. Paragraph 4 is replaced by the following:

Having regard to Council Regulation (EEC) No 2777/75 of 29
October 1975 on the common organisation of the market in
poultrymeat (1), and in particular Articles 3(2) and 8(12) thereof,

Whereas:

‘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
with
period
during
concerned,
the limits referred to in Article
8(11) of Regulation (EEC) No 2777/75, or would not
allow exports to continue during the remainder of
the
period, the Commission may:

being
in view of

exhausted

refund

the

a

(1)

(2)

(3)

(4)

(5)

The economic situation on the poultrymeat export
markets varies widely. The conditions on which export
refunds are granted for products in this sector should
therefore be specified.

In order to attain more effectively the objectives of
adjustment of the method for the allocation of the quan-
tities which may be exported with a refund and the most
the resources available, as
efficient possible use of
referred to in Article 8(2) of Regulation (EEC) No
2777/75,
it would be advisable to extend the circum-
stances, provided for in Article 3(4) of Commission
Regulation (EC) No 633/2004 (2),
the
the issue of
Commission may take steps to restrict
export licences or the lodging of applications for such
licences during the reflection period for which provision
is made following the lodging of applications.

in which

(a) set a single acceptance percentage for the quantities

applied for;

(b) reject applications for which licences have not yet been

granted;

(c) suspend the

lodging of

for a
maximum period of five working days, extendable by
the procedure specified in Article 17 of Regulation
(EEC) No 2777/75.

licence applications

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.’

The circumstances in which these measures may be taken
by destination should also be laid down.

2. The following paragraph 4a is inserted:

Regulation (EC) No 633/2004 should therefore be
amended accordingly.

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

‘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
for one destination and issuing the licences
quantities
requested would entail a risk of speculation, distortion of
competition between operators, or disturbance of the trade
concerned or of the Community market.’

Article 2

(1) OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regu-

lation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2) OJ L 100, 6.4.2004, p. 8.

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

its publication in the Official

Journal of

25.8.2004

EN

Official Journal of the European Union

L 275/9

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

Done at Brussels, 24 August 2004.

For the Commission

Franz FISCHLER
Member of the Commission