Regulation (EU) 2018/1277 on fixing the export refunds on poultrymeat

Summary:

On 14 May 2018 the European Commission presented a proposal for a Council Regulation on fixing the export refunds on poultrymeat. The Council of the European Union adopted the Regulation on 18 September 2018.

Further information:

In 2013 the European Commission adopted Implementing Regulation (EU) No 689/2013, setting export refunds at zero for the sector of poultrymeat. By its judgment of 20 September 2017, the Court of Justice of the European Union declared Regulation (EU) No 689/2013 invalid, holding that its adoption did not comply with the procedural rules.

In the same judgment, the Court also ruled that notwithstanding the breach of essential procedural requirements, no error had been disclosed affecting the conformity of the act, which contained the measures necessary for the implementation of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation).

Thus, for the sake of legal certainty and to avoid adversely affecting the implementation of Regulation (EC) No 1234/2007, it agreed to maintain the effects of the contested Regulation until the entry into force of a new act intended to replace it. Regulation (EC) No 1234/2007 was in the meantime repealed by Regulation (EU) No 1308/2013, which sets refunds at zero as from 1 January 2014.

The proposed Council Regulation is intended therefore to replace Regulation (EU) No 689/2013 for the period between 19 July 2013 (its original entry into force) and 31 December 2013. It is submitted on the legal basis of Article 43(3) of the Treaty on the Functioning of the European Union as the only possible legal basis for an act with retroactive effects as the one here considered.

• Primary Source

EUR-Lex: COM(2018)276: Proposal for a Council Regulation on fixing the export refunds on poultrymeat https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2018:276:FIN

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