Keywords
Summary

Keywords

Agriculture – Common organisation of the markets – Export refunds – Variable refund

(Commission Regulation No 3665/87, Art. 5(3))

Summary

Article 5(3) of Regulation No 3665/87 laying down common detailed rules for the application of the system of export refunds on agricultural products, as amended by Regulation No 1384/95, must be interpreted as meaning that damage to a consignment of beef in transit does not constitute force majeure within the meaning of that provision.

Article 5(3) of Regulation No 3665/87 in fact constitutes an exception to the normal export refund procedure and must, consequently, be interpreted strictly. The existence of force majeure being an essential condition in order to be able to to claim payment of refunds for exported goods that have not been released for consumption in the non‑member country of import, it follows that that term must be interpreted in such a way that the number of cases capable of benefiting from such payment remains limited. The risk of damage is particularly likely to be present when beef is exported, notably as a result of loading and unloading operations between the various means of transport employed, and as a result of long‑distance transportation. Consequently, when such damage occurs, it may be considered to be one of the business risks inherent in such operations, that is to say, as a circumstance that cannot be termed unusual or even improbable in the context of those business operations for a prudent businessman exercising all due care.

(see paras 46, 48, 50, 52, operative part)