Commission Regulation (EC) No 1180/2008 of 28 November 2008 establishing a system for the communication of information on certain supplies of beef, veal and pigmeat to the territory of the Russian Federation (Codified version)
Date: 2008-11-28
Institutions: European Commission
Subjects: Russia, beef, exchange of information, information system, pigmeat, road transport

L 319/44

EN

Official Journal of the European Union

29.11.2008

COMMISSION REGULATION (EC) No 1180/2008

of 28 November 2008

establishing a system for the communication of information on certain supplies of beef, veal and
pigmeat to the territory of the Russian Federation

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 170 and Article 192,
in conjunction with Article 4
thereof,

Whereas:

(1)

(2)

(3)

(EC) No

of
Commission Regulation
2584/2000
the
24 November 2000 establishing a system for
communication of
information on certain supplies of
beef, veal and pigmeat to the territory of the Russian
Federation (2) has been substantially amended (3). In the
interests of clarity and rationality the said Regulation
should be codified.

Article 2 of Protocol 2 on mutual administrative
assistance for the correct application of customs legis­
lation annexed to the Agreement on Partnership and
Cooperation establishing a partnership between the
European Communities and their Member States, of the
one part, and the Russian Federation, of
the other
part (4), provides that
the parties are to assist each
other in ensuring that customs legislation is correctly
in particular by the prevention, detection and
applied,
legislation. To
investigation of contraventions of
implement
the
administrative
Commission, represented by the European Anti-Fraud
Office
and the
referred to as
Russian authorities have concluded an arrangement
establishing a mechanism for
the communication of
information on movements of goods between the
Community and the Russian Federation.

(hereinafter

assistance,

‘OLAF’)

that

that

As part of that administrative assistance, specifically in
relation to the transport of beef, veal and pigmeat
products bound for the Russian Federation, the infor­
the
mation which

operators must

forward

to

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 298, 25.11.2000, p. 16.
(3) See Annex I.
(4) OJ L 327, 28.11.1997, p. 48.

(4)

(5)

(6)

the Member States and the
competent authorities of
system for communicating that
information between
the competent authorities of the Member States, OLAF
and the Russian authorities should be laid down.

That
information and the system of communication
introduced should make it possible to trace exports of
the products concerned to the Russian Federation and,
where appropriate, detect cases in which a refund is not
due and must be recovered.

Application of the provisions of this Regulation will be
evaluated after a significant period of operation. The
review carried out on that basis may, where appropriate,
lead to their extension to exports of other products and
involve financial consequences where obligations are or
are not met.

for

the application of

Article 16(4) of Commission Regulation (EC) No
800/1999 of 15 April 1999 laying down common
detailed rules
the system of
export refunds on agricultural products (5), specifies that
the Commission may provide in certain specific cases for
proof of import to be furnished by specific documents or
in some other way. Consequently,
the exports
provided for by this Regulation, the information from
the Russian authorities should be considered a new
source of proof supplementing the existing sources of
proof.

for

(7)

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

This Regulation shall apply to consignments of beef, veal and
pigmeat products falling within CN codes 0201, 0202 and
0203 bound for
the Russian Federation
(‘Russia’) for which the export declarations are accompanied
by an export refund application.

the territory of

(5) OJ L 102, 17.4.1999, p. 11.

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This Regulation shall not apply to consignments as referred to
in the first paragraph of a quantity less than 3 000 kilograms.

The information referred to in Article 2, and an identifi­
2.
cation number for each export operation, shall be sent by OLAF
to the Russian customs authorities upon receipt.

Article 2

Exporters wishing to benefit from the provisions of Article 4(2)
shall communicate to the central body designated by each
Member State of export, for each export declaration, within
10 working days of the date of unloading of the products in
Russia, the following information:

(a)

the export declaration number, the customs office of export
and the date on which the export customs formalities were
completed;

(b) a description of

the goods,

indicating the eight-figure

product code of the combined nomenclature;

(c)

the net quantity in kilograms;

(d) the TIR carnet number or the reference number of the
Russian DKD internal transit document, or the number of
the TD1/IM40 declaration of release for home use in Russia;

(e)

the container number, if applicable;

(f)

the identification number and/or the name of the means of
transport at the time of entry of the consignment in Russia;

(g) the licence number of the warehouse under customs super­

vision to which the product was delivered in Russia;

(h) the date of delivery of the product to the warehouse under

customs supervision in Russia.

Article 3

The central body in the Member State concerned referred
1.
to in Article 2 shall forward the information it receives to OLAF
by electronic mail within two working days of the date of
receipt.

3.
OLAF shall inform the central body in the Member State
concerned, as appropriate, of the Russian customs authorities
reply, within two working days of receipt of that reply; or of
the failure by those authorities to reply, within two working
days of the end of the three-week period laid down for a reply
by the Russian authorities under the administrative arrangement
concluded with them.

Article 4

1.
The information referred to in Articles 1 and 2 shall not
constitute additional requirements to those laid down for the
grant of export refunds in the sectors concerned.

2. Where it is positive, the reply of the Russian authorities,
as referred to in Article 3(3), shall be regarded as proof that the
customs import formalities have been completed in accordance
with Article 16(1) of Regulation (EC) No 800/1999.

Article 5

Regulation (EC) No 2584/2000 is repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

Article 6

This Regulation shall enter into force on the 20th 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, 28 November 2008.

For the Commission

Jacques BARROT
Vice-President

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Official Journal of the European Union

29.11.2008

ANNEX I

Repealed Regulation with its successive amendment

Commission Regulation (EC) No 2584/2000

(OJ L 298, 25.11.2000, p. 16)

Regulation (EC) No 44/2003

(OJ L 7, 11.1.2003, p. 58)

ANNEX II

Correlation table

Regulation (EC) No 2584/2000

This Regulation

Articles 1-4

—

Article 5(1)

Article 5(2)

—

—

Articles 1-4

Article 5

Article 6

—

Annex I

Annex II