Commission Regulation (EC) No 1263/2006 of 23 August 2006 derogating from Regulations (EC) No 1464/95, (EC) No 174/1999, (EC) No 800/1999, (EC) No 1291/2000, (EC) No 1342/2003, (EC) No 633/2004, (EC) No 1138/2005, (EC) No 951/2006 and (EC) No 958/2006 as regards agricultural products exported to Lebanon
Date: 2006-08-23
Institutions: European Commission
Subjects: Lebanon, derogation from EU law, export (EU), export licence, export policy

L 230/6

EN

Official Journal of the European Union

24.8.2006

COMMISSION REGULATION (EC) No 1263/2006

of 23 August 2006

derogating from Regulations (EC) No 1464/95, (EC) No 174/1999, (EC) No 800/1999, (EC) No
1291/2000, (EC) No 1342/2003, (EC) No 633/2004, (EC) No 1138/2005, (EC) No 951/2006 and
(EC) No 958/2006 as regards agricultural products exported to Lebanon

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EEC) No 2777/75 of the Council
of 29 October 1975 on the common organisation of
the
in poultrymeat (1) and in particular Article 3(2),
market
Article 8(12) and Article 15 thereof and the corresponding
articles of the other Regulations on the common organisation
of the markets in agricultural products,

Whereas:

(1)

(2)

(3)

The common rules concerning the export of agricultural
products are laid down in 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 (2) and Commission
Regulation (EC) No 1291/2000 of 9 June 2000 laying
down common detailed rules for the application of the
system of import and export licences and advance fixing
certificates for agricultural products (3).

Exceptional circumstances prevailing in Lebanon have
seriously damaged the economic interests of exporters
and the situation thus created has adversely affected
export opportunities under the conditions laid down in
Regulations (EC) No 800/1999 and (EC) No 1291/2000.

It is therefore necessary to limit those harmful effects by
adopting special measures so that export operations
the
which have not been completed on account of
above mentioned circumstances can be regularised.
In
particular, derogations should be adopted from certain
provisions applicable to export procedures
such as
those concerning time-limits in Regulations (EC) No
in Commission
800/1999 and (EC) No 1291/2000,
Regulation (EC) No 174/1999 of 26 January 1999
laying down special detailed rules for the application of
Council Regulation (EEC) No 804/68, as regards export

for

licences and export refunds in the case of milk and milk
products (4),
(EC) No
in Commission Regulation
1342/2003 of 28 July 2003 laying down special
detailed rules
the system of
import and export licences for cereals and rice (5) and
in Commission Regulation (EC) No 633/2004 of 30
March 2004 laying down detailed rules for implementing
the system of export
licence in the poultry meat
sector (6).

the application of

For products in the sugar sector, derogations should be
provided from Commission Regulation (EC) No 1464/95
of 27 June 1995 laying down special detailed rules for
the application of
import and export
the system of
licences in the sugar sector (7) for licences applied for
before 1 July 2006, from Commission Regulation (EC)
No 1138/2005 of 15 July 2005 on a standing invitation
to tender to determine levies and/or refunds on exports
of white sugar for the 2005/06 marketing year (8), from
Commission Regulation (EC) No 951/2006 of 30 June
2006 laying down detailed rules for the implementation
of Council Regulation (EC) No 318/2006 as regards trade
with third countries in the same sector (9) for licences
applied for from 1 July 2006 and from Commission
Regulation (EC) No 958/2006 of 28 June 2006
opening a standing invitation to tender to determine
refunds on exports of white sugar for the 2006/07
marketing year (10).

Only those operators who can prove, on the basis of the
export documents or the documents referred to in Article
1(2) of Council Regulation (EEC) No 4045/89 of 21
December 1989 on scrutiny by Member States of trans-
actions forming part of the system of financing by the
Guarantee Section of the European Agricultural Guidance
and
Directive
Guarantee
repealing
77/435/EEC (11),
the products were destined for
export to Lebanon should be allowed to benefit from
the derogations.

Fund

that

and

(4)

(5)

(6)

In order to remedy the harmful effects on all operators
who may have been affected by the exceptional circum-
stances in Lebanon, this Regulation should apply as from
1 July 2006.

(4) OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation

(EC) No 508/2006 (OJ L 92, 30.3.2006, p.10).

(5) OJ L 189, 29.7.2003, p. 12. Regulation as last amended by Regu-

lation (EC) No 988/2006 OJ L 176, 30.6.2006, p. 98.

(6) OJ L 100, 6.4.2004, p. 8. Regulation as amended by Regulation

(EC) No 1498/2004 (OJ L 275, 25.5.2004, p. 8).

(7) OJ L 144, 28.6.1995, p. 14. Regulation as last amended by Regu-

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

lation (EC) No 96/2004 (OJ L 15, 22.1.2004, p. 3).

lation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).

(2) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 671/2004 (OJ L 105, 14.4.2004, p. 5).

(3) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 410/2006 (OJ L 71, 10.3.2006, p. 7).

(8) OJ L 185, 16.7.2005, p. 3.
(9) OJ L 178, 1.7.2006, p. 24.
(10) OJ L 175, 29.6.2006, p. 49.
(11) OJ L 388, 30.12.1989, p. 18. Regulation as last amended by Regu-

lation (EC) No 2154/2002 (OJ L 328, 5.12.2002, p. 4).

24.8.2006

EN

Official Journal of the European Union

L 230/7

(7)

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
By way of derogation from Article 6(3) of Regulation (EC)
No 1464/95, Article 6 of Regulation (EC) No 174/1999, Article
7 of Regulation (EC) No 1342/2003, Article 2 of Regulation
(EC) No 633/2004, Article 13 of Regulation (EC) No
1138/2005, Article 8 of Regulation (EC) No 951/2006 and
Article 12(2) of Regulation (EC) No 958/2006, the term of
validity of export licences issued pursuant to those Regulations
and applied for by 20 July 2006 shall, on application by the
holder, be extended by:

(a)

three months for licences whose term of validity expires
during the month of July;

The increases of 10 % and 15 % referred to in Article
3.
25(1) and in the second subparagraph of Article 35(1) respec-
tively, and the 20 % reduction referred to in Article 18(3) of
Regulation (EC) No 800/1999 shall not apply to exports carried
out under licences and applied for by 20 July 2006 at the latest.

If entitlement to refund is lost due to the exceptional circum-
stances in Lebanon, the penalty provided for by Article 51(1)(a)
of Regulation (EC) No 800/1999 shall not apply.

Article 2

Article 1 shall apply to the products listed in sections 1, 2, 3, 4,
7, 9, 13 and 14 in Annex I to Commission Regulation (EEC) No
3846/87 (13) insofar as the exporter concerned can supply proof
to the satisfaction of
the
products were destined for Lebanon.

the competent authorities

that

licence,

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

(b) two months for licences whose term of validity expires

Article 3

during the month of August;

(c) one month for licences whose term of validity expires

during the month of September.

By way of derogation from Article 32(1)(b)(i) of Regu-
2.
lation (EC) No 1291/2000 and from Article 7(1) and Article
34(1) of Regulation (EC) No 800/1999, the 60-day time-limit
shall, on application by the exporter, be extended to 150 days
for products for which the customs export formalities have
been completed or which were placed under any of
the
arrangements referred to in Articles 4 and 5 of Council Regu-
lation (EEC) No 565/80 (12) by 20 July 2006 at the latest.

By 31 January 2007, Member States
the
Commission of the quantities of the products concerned by
each of
the measures laid down in Article 1, detailing the
number and date of issue of the licence, the export refunds
nomenclature code, the quantity of the products, the initial
term of validity and the extended term of validity.

shall notify

Article 4

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

It shall apply from 1 July 2006.

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

Done at Brussels, 23 August 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(12) OJ L 62, 7.3.1980, p. 5.

(13) OJ L 366, 24.12.1987, p. 1.