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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), and in particular Article 33(12) thereof,
Whereas:
(1) Commission Regulation (EEC) No 2388/84 of 14 August 1984 on special detailed rules for the application of export refunds in the case of certain preserved beef and veal products(2) lays down the conditions under which preserved meat falling within CN codes 1602 50 31 and 1602 50 39 which is exported to third countries may be eligible for a special refund.
(2) In particular, those preserved products must be manufactured under the arrangements provided for in Article 4 of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products(3).
(3) The rules and conditions for applying the advance payment of the refund on products processed under the arrangements provided for in Article 4 of Regulation (EEC) No 565/80 are laid down in Chapter 3 of Title II of 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(4).
(4) The measures laid down by Regulation (EEC) No 565/80, the corresponding implementing measures laid down by Chapter 3 of Title II of Regulation (EC) No 800/1999 and Regulation (EEC) No 2388/84 have been repealed by Commission Regulation (EC) No 1713/2006.
(5) It is also laid down that, in order to benefit from an export refund, the abovementioned preserved products must be produced from beef and veal of Community origin and contain a minimum percentage of beef and veal, excluding offal and fat.
(6) To guarantee that the preserved products eligible for export refunds are produced solely from beef and veal, and that the meat is of Community origin, such production must be kept under the control of the customs authority in accordance with Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(5) and the payment of the refund must remain linked to compliance with those conditions.
(7) To increase the transparency and effectiveness of those controls, particularly in the case of a post-clearance check, provision should be made for operators to keep up-to-date records of information allowing monitoring of the use of beef and veal in the production of preserved products according to the production batches of preserved products.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Beef and Veal,
HAS ADOPTED THIS REGULATION:
OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).
OJ L 221, 18.8.1984, p. 28. Regulation as repealed by Regulation (EC) No 1713/2006 (OJ L 321, 21.11.2006, p. 11).
OJ L 62, 7.3.1980, p. 5. Regulation as repealed by Regulation (EC) No 1713/2006.
OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 1713/2006.
OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 (OJ L 117, 4.5.2005, p. 13).