Commission Regulation (EC) No 854/2008 of 29 August 2008 providing for exceptional measures regarding export licences for pigmeat
Date: 2008-08-29
Institutions: European Commission
Subjects: derogation from EU law, export licence, health control, pigmeat

30.8.2008

EN

Official Journal of the European Union

L 232/5

COMMISSION REGULATION (EC) No 854/2008

of 29 August 2008

providing for exceptional measures regarding export licences for pigmeat

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

that, according to the Russian competent authorities,
are not permissible.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Article 161(3) in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

(3)

(4)

Article 2(1) of Commission Regulation (EC) No
1518/2003 of 28 August 2003 laying down detailed
rules for implementing the system of export licences in
the pigmeat sector (2) provides that export licences shall
be valid for 90 days from their actual day of issue.

for

the application of

Article 7(1) of Commission Regulation (EC) No
376/2008 of 23 April 2008 laying down common
detailed rules
the system of
import and export licences and advance fixing certificates
for agricultural products (3) provides that the import or
export licence shall constitute authorisation and give rise
to an obligation respectively to import or to export
under the licence, and, except in cases of force majeure,
during its period of validity, the specified quantity of the
products or goods concerned.

In accordance with Articles 31 and 34(2) of Regulation
(EC) No 376/2008, where the obligation to import or
export has not been met, the security shall be forfeit in
an amount equal to the difference between 95 % of the
quantity indicated in the licence or certificate and the
quantity actually imported or exported.

As of 25 April 2008 the Russian veterinary authorities
have notified the Commission about health measures
they have taken as regards exports of products from
certain meat establishments in the Community. These
health measures were introduced following findings of
certain residues of antibiotics in the meat products

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

(2) OJ L 217, 29.8.2003, p. 35. Regulation as last amended by Regu­

lation (EC) No 1713/2006 (OJ L 321, 21.11.2006, p. 11).

(3) OJ L 114, 26.4.2008, p. 3. Regulation as amended by Regulation

(EC) No 514/2008 (OJ L 150, 10.6.2008, p. 7).

(5)

(6)

(7)

(8)

(9)

The health measures have negatively affected the possi­
bilities for exportation of pigmeat under the terms of
Regulation (EC) No 1518/2003 and consequently the
the
measures have seriously affected the activity of
exporters concerned and the possibilities in due time to
fulfil their obligations as regard the Community rules.

to limit

in order

the adverse impact on
Therefore,
exporters, it is necessary to provide that, under certain
conditions, derogation should be made from Regulation
(EC) No 1518/2003 and the validity of export licences
should be prolonged by 120 days and that, at the request
of interested parties, and pursuant to Article 40 of Regu­
lation (EC) No 376/2008, the security should be released
by the Member States on a case-by-case basis.

The exceptional measures proposed in this Regulation
should apply only to export licences that were valid at
least one of the days from 25 April 2008 to 7 May
2008. All exporters of pigmeat should have become
aware, by 2 May 2008, of the practical difficulties that
exports to Russia were facing.

On the date of entering into force of this Regulation, part
of licences that were valid at least one of the days from
25 April 2008 to 7 May 2008 has already expired. In
order to ensure an equal
the interested
it should be provided for the retroactive appli­
parties,
cation to all licences valid in this period.

treatment of

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

1.
For export licences issued in accordance with Article 3(3)
of Regulation (EC) No 1518/2003 that were valid at least one
of the days from 25 April 2008 to 7 May 2008:

(a) by way of derogation from Article 2(1) of Regulation (EC)
No 1518/2003, the period of validity shall be prolonged by
120 days;

L 232/6

EN

Official Journal of the European Union

30.8.2008

(b) pursuant to Article 40 of Regulation (EC) No 376/2008, at
the request of
than
30 November 2008, the export licences shall be cancelled
and the securities released proportionally by the competent
authorities of the Member States.

interested parties made no later

2.
The measure provided for in paragraph 1(b) shall only
apply in cases where the exporter invokes rules imposed by a
third country that are considered by the competent authorities
of the Member State to constitute force majeure in accordance
with Articles 39 and 40 of Regulation (EC) No 376/2008. The

exporter shall demonstrate, to the satisfaction of the competent
authorities, that he was unable to export owing to the intro­
duction of health measures by the Russian authorities, and that
a reasonably prudent
trader could not have anticipated the
introduction of these measures at the time of applying for the
export licence.

Article 2

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

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

Done at Brussels, 29 August 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission