6.1.2001 Official Journal of the European Communities L 3/7 COMMISSION REGULATION (EC) No 23/2001 of 5 January 2001 laying down special measures for the beef sector that depart from the provisions of Regulation (EC) No 800/1999, Regulation (EEC) No 3719/88, Regulation (EC) No 1291/2000 and Regulation (EEC) No 1964/82 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 12541999 of 17 May 1999 on the common organisation of the market in beef and veal ('), and in particular Articles 29(2)(a), 33(12) and 41 thereof, Whereas: (1)  Council Regulation (EEC) No 565/80 (3, as amended by Regulation (EEC) No 2026/83 (%), lays down general rules on the advance payment of export refunds in respect of agricultural products. (2)  Commission Regulation (EC) No 800/1999 (¥, as amended by Regulation (EC) No 1557/2000 (°), lays down common detailed rules for the application of the system of export refunds on agricultural products. (3)  Commission Regulation (EEC) No 3719/88 (%), as last amended by Regulation (EC) No 1127/1999 (), and Commission Regulation (EC) No 12912000 (%) (for licences applied for from 1 October 2000) lay down common detailed rules for the application of the system of import and export licences and advance fixing certi- ficates for agricultural products. (4)  Commission Regulation (EC) No 1445/95 (%), as last amended by Regulation (EC) No 1659/2000 (19), lays down rules of application for import and export licences in the beef and veal sector. (5)  Commission Regulation (EEC) No 1964/82 ('), as last amended by Regulation (EC) No 1470/2000 (?), lays down the conditions for granting special export refunds on certain cuts of boned meat. (6)  Following the occurrence of cases of bovine spongiform encephalopathy, the health measures taken by the authorities of certain third countries in regard to exports () O] L 160, 26.6.1999, p. 21. () O] L 62, 7.3.1980, p. 5. () O] L 199, 22.7.1983, p. 12. (% O] L 102, 17.4.1999, p. 11. () O] L 179, 18.7.2000, p. 6. (9 O] L 331, 2.12.1988, p. 1. () O] L 135, 29.5.1999, p. 48. (¥ O] L 152, 24.6.2000, p. 1. () O] L 143, 27.6.1995, p. 35. (% O] L 192, 28.7.2000, p. 10. (") O] L 212, 21.7.1982, p. 48. (%) O] L 165, 6.7.2000, p. 16. of bovine animals and their meat have seriously affected the financial interests of exporters. The possibilities for exportation under the terms of Regulations (EEC) No 565/80, (EC) No 800/1999, (EEC) No 3719/88, (EC) No 1291/2000 and (EEC) No 1964/82 have been seroiusly restricted. (7) It is therefore necessary to limit the adverse impact on exporters by adopting special provisions, notably the extension of certain time limits set in the refund rules, applying to export operations that in these circum- stances it has not been possible to complete. (8)  These provisions 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 (%), as last amended by Regulation (EC) No 3235/ 94 (1), that they have in the circumstances been unable to export and that their licences were requested in order to export to the countries that have adopted the health measures in question. 9) Given the way in which the situation has evolved, this Regulation should be brought into force immediately. (10)  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: Article 1 1. This Regulation shall apply to the products listed in Article 1(1) of Regulation (EC) No 1254/1999. 2. It shall apply only in cases where the exporter shows to the satisfaction of the competent authority that he was unable to export owing to the introduction of health measures by the authorities of the countries of destination in response to the cases of bovine spongiform encephalopathy. Competent authorities shall base their assessment on the commercial documents referred to in Article 1(2) of Regulation (EEC) No 4045/89. (%) O] L 388, 30.12.1989, p. 18. () O] L 338, 28.12.1994, p. 16.