Address https://gelex.eu/eli/EU/regulation/2012/962@2012-10-18/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2
   3. Article 3
3. ANNEX
4. ANNEX Export refunds on poultrymeat applicable from 19 October 2012

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), and in particular Article 164(2) and Article 170, in conjunction with Article 4, thereof,

Whereas:

(1) Article 162(1) of Regulation (EC) No 1234/2007 provides that the difference between prices on the world market for the products referred to in Part XX of Annex I to that Regulation and prices in the Union for those products may be covered by an export refund.

(2) In view of the current situation on the market in poultrymeat, export refunds should be fixed in accordance with the rules and criteria provided for in Articles 162, 163, 164, 167 and 169 of Regulation (EC) No 1234/2007.

(3) Article 164(1) of Regulation (EC) No 1234/2007 provides that refunds may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

(4) Refunds should be granted only on products which are authorised to move freely in the Union and bear the identification mark provided for in Article 5(1)(b) of Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin. Those products should also comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs.

(5) The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 663/2012. Since new refunds should be fixed, that Regulation should therefore be repealed.

(6) In order to prevent divergence with the current market situation, to prevent market speculation and to ensure efficient management this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.

(7) The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,

HAS ADOPTED THIS REGULATION:

Article 1

1. Export refunds as provided for in Article 164 of Regulation (EC) No 1234/2007 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.

2. The products eligible for a refund under paragraph 1 shall meet the relevant requirements of Regulations (EC) No 852/2004 and (EC) No 853/2004 and, in particular, shall be prepared in an approved establishment and comply with the identification marking conditions laid down in Section I of Annex II to Regulation (EC) No 853/2004.

Article 2

Implementing Regulation (EU) No 663/2012 is hereby repealed.

Article 3

This Regulation shall enter into force on the day of 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, 18 October 2012. For the Commission, On behalf of the President, José Manuel Silva Rodríguez Director-General for Agriculture and Rural Development

ANNEX

ANNEX Export refunds on poultrymeat applicable from 19 October 2012

NB: The product codes and the A series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1). The other destinations are defined as follows: V03 A24, Angola, Saudi Arabia, Kuwait, Bahrain, Qatar, Oman, United Arab Emirates, Jordan, Yemen, Lebanon, Iraq and Iran. Product code Destination Unit of measurement Amount of refund 0105 11 11 9000 A02 EUR/100 pcs 0,00 0105 11 19 9000 A02 EUR/100 pcs 0,00 0105 11 91 9000 A02 EUR/100 pcs 0,00 0105 11 99 9000 A02 EUR/100 pcs 0,00 0105 12 00 9000 A02 EUR/100 pcs 0,00 0105 14 00 9000 A02 EUR/100 pcs 0,00 0207 12 10 9900 V03 EUR/100 kg 21,70 0207 12 90 9190 V03 EUR/100 kg 21,70 0207 12 90 9990 V03 EUR/100 kg 21,70

Versions

1. 2012-10-18

Cited by

• Commission Implementing Regulation (EU) No 33/2013 of 17 January 2013 fixing the export refunds on poultrymeat Regulation · Grade B

  The currently applicable refunds have been fixed by Commission Implementing Regulation (EU) No 962/2012. Since new refunds should be fixed, that Regulation should therefore be repealed.

• Commission Implementing Regulation (EU) No 33/2013 of 17 January 2013 fixing the export refunds on poultrymeat Regulation · Grade B

  Implementing Regulation (EU) No 962/2012 is hereby repealed.

• Opinion of Advocate General Wahl delivered on 4 May 2017 Case C‑183/16 P Tilly-Sabco v European Commission Opinion · Grade B

  Since the adoption of Regulation (EU) No 525/2010, the amount of those refunds has gradually fallen for three categories of deep-frozen chickens. The amount of the export refunds was first of all reduced from EUR 40 per 100 kg to EUR 32.50 per 100 kg. After being maintained by eight successive implementing regulations, the latter amount then fell to EUR 21.70 per 100 kg pursuant to Regulation (EU) No 962/2012.

• Judgment of the Court (First Chamber) 20 September 2017 Judgment · Grade B

  Since the adoption of Commission Regulation (EC) No 525/2010 of 17 June 2010 fixing the export refunds on poultrymeat (OJ 2010 L 152, p. 5), the amount of those refunds has gradually decreased for three categories of deep-frozen chickens. First it was reduced from EUR 40/100 kg to EUR 32.50/100 kg. After being maintained by eight successive implementing regulations, that amount was then reduced to EUR 21.70/100 kg pursuant to Commission Implementing Regulation (EU) No 962/2012 of 18 October 2012 fixing the export refunds on poultrymeat (OJ 2012 L 288, p. 6).

• Judgment of the General Court (Fifth Chamber) 14 January 2016 Judgment · Grade B

  Since the adoption of Commission Regulation (EC) No 525/2010 of 17 June 2010 fixing the export refunds on poultrymeat (OJ 2010 L 152, p. 5), the amount of those refunds has gradually fallen for three categories of deep-frozen chickens. The amount of the export refunds was first of all reduced from EUR 40/100 kg to EUR 32.50/100 kg. After being maintained by eight successive implementing regulations, the latter amount then fell to EUR 21.70/100 kg pursuant to Commission Implementing Regulation (EU) No 962/2012 of 18 October 2012 fixing the export refunds on poultrymeat (OJ 2012 L 288 p. 6).