Commission Regulation (EC) No 1012/2001 of 23 May 2001 on special measures derogating from Regulations (EC) No 1370/95, (EC) No 800/1999 and (EC) No 1291/2000 in the pigmeat sector

Commission Regulation (EC) No 1012/2001
of 23 May 2001
on special measures derogating from Regulations (EC) No 1370/95, (EC) No 800/1999 and (EC) No 1291/2000 in the pigmeat sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat(1), as last amended by Regulation (EC) No 1365/2000(2), and in particular Articles 8(2), 13(12) and 22 thereof,
Whereas;
(1) As a result of the cases of foot-and-mouth disease that have occurred in several Member States, protective measures have been adopted under Council Directive 90/425/EEC of 26 June 1999 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(3), as last amended by Directive 92/118/EEC(4), and in particular Article 10 thereof, and under Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(5), as last amended by Directive 92/118/EEC, and in particular Article 9 thereof.
(2) Council Regulation (EEC) No 565/80(6), as amended by Regulation (EEC) No 2026/83(7), lays down general rules on the advance payment of export refunds in respect of agricultural products.
(3) Commission Regulation (EC) No 800/1999(8), as last amended by Regulation (EC) No 90/2001(9), lays down detailed rules for applying the system of export refunds on agricultural products.
(4) Commission Regulation (EC) No 1291/2000(10), lays down common detailed rules for applying the system of import and export licences and advance fixing certificates for agricultural products.
(5) Commission Regulation (EC) No 1370/95(11), as last amended by Regulation (EC) No 2898/2000(12), lays down rules of application for export licences in the pigmeat sector.
(6) The occurrence of cases of foot-and-mouth disease has led the authorities of certain third countries to take health measures with regard to exports of pigmeat which have seriously affected the financial interests of exporters. The situation thus created has seriously affected export opportunities under the conditions laid down in Regulations (EC) No 1370/95, (EC) No 800/1999 and (EC) No 1291/2000.
(7) Those adverse effects must be mitigated by adopting special measures, in particular to cancel export licences issued and extend certain time limits laid down in Regulations (EC) No 1370/95, (EC) No 800/1999 and (EC) No 1291/2000 relating to certain export operations which could not be completed because of the circumstances mentioned. In particular, operators who have already completed customs export formalities or placed their products under customs supervision should be allowed the same benefit derived from extending the term of licence validity by extending the transport time limit provided for in Regulation (EC) No 800/1999.
(8) Only those operators who can prove, on the basis of the documents referred to in Article 1(2) of Council Regulation (EEC) No 4045/89(13), as last amended by Regulation (EC) No 3235/94(14), that they were unable to carry out the export operations within the time limits laid down as a result of the circumstances mentioned above should be allowed to benefit from the derogations.
(9) In view of the rate at which events are developing this Regulation must enter into force immediately.
(10) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,