Commission Regulation (EC) No 252/2002 of 11 February 2002 derogating from Regulation (EC) No 1291/2000 as regards the export licences issued by Austria in the beef and veal sector

Commission Regulation (EC) No 252/2002
of 11 February 2002
derogating from Regulation (EC) No 1291/2000 as regards the export licences issued by Austria in the beef and veal sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal(1), as last amended by Commission Regulation (EC) No 2345/2001(2), and in particular Article 29(2) and Article 41 thereof,
Whereas:
(1) Article 8(2) of 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), as amended by Regulation (EC) No 2299/2001(4), states that an export licence gives rise to an obligation to export the specified quantity of relevant product during its period of validity.
(2) Commission Regulation (EC) No 1445/95(5), as last amended by Regulation (EC) No 2492/2001(6), lays down rules of application for import and export licences in the beef and veal sector.
(3) Following the first case of bovine spongiform encephalopathy recorded in Austria on 7 December 2001, the health measures taken by the authorities of certain third countries in regard to exports of bovine animals and their meat have seriously affected the financial interests of exporters. Export options have thus been seriously restricted.
(4) It is therefore necessary to limit the adverse impact on exporters by allowing them, notwithstanding Article 8(2) of Regulation (EC) No 1291/2000, to cancel export licences which they can prove they are unable to use.
(5) This measure should benefit only operators who can show on the basis of the documents referred to in Article 1(2) of Council Regulation (EEC) No 4045/89(7), as last amended by Regulation (EC) No 3235/94(8), that they have in the circumstances been unable to export and that, in particular, their licences were requested in order to export to the third countries that have adopted restrictive health measures.
(6) Given the way in which the situation has evolved, this Regulation should be brought into force immediately.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,