Commission Regulation (EC) No 1162/95 of 23 May 1995 laying down special detailed rules for the application of the system of import and export licences for cereals and rice

• Coming into Force: 27 May 1995
• End of Effective Date: 17 August 2003
• Celex Number: 31995R1162
• ELI: http://data.europa.eu/eli/reg/1995/1162/oj
• Published date: 24 May 1995
• Date: 23 May 1995
• Official Gazette Publication: Official Journal of the European Communities, L 117, 24 May 1995

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Commission Regulation (EC) No 1162/95 of 23 May 1995 laying down special detailed rules for the application of the system of import and export licences for cereals and rice

Official Journal L 117 , 24/05/1995 P. 0002 - 0011

COMMISSION REGULATION (EC) No 1162/95 of 23 May 1995 laying down special detailed rules for the application of the system of import and export licences for cereals and rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (1), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94 (2), and in particular Articles 9 (2), 12 (4) and 13 (11) thereof,

Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (3), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94, and in particular Articles 12 (4) and 14 (16) thereof,

Whereas the special detailed rules for the application of the system of import and export licences for cereals and rice were laid down in Commission Regulation (EEC) No 891/89 (4), as last amended by Regulation (EC) No 1043/95 (5);

Whereas Regulation (EEC) No 891/89 has been frequently and sometimes substantially amended; whereas, as a result and for the sake of clarity and efficient administration, the applicable provisions should be recast and any necessary adjustments following the implementation of the agreements concluded under the Uruguay Round of multilateral trade negotiations should be introduced;

Whereas, in view of the practices specific to trade in cereals and rice, provision should be made for rules further to or derogating from Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance-fixing certificates for agricultural products (6), as last amended by Regulation (EC) No 340/95 (7);

Whereas, in the case of invitations to tender for the export of intervention stocks, licences should specify the quantities and destinations for which they are issued and provision should be made for the special particulars to be shown on export licences, in particular in the case of invitations to tender for export refunds, of exports of cereal-based compound feedingstuffs and of advance fixing of export taxes;

Whereas the terms of validity of import and export licences for the various products should be fixed in accordance with market requirements and the need for sound management; whereas, in view of competition on the world market, a specially lenghty term of validity should be granted for malt exports, expiring, however, on 30 September in the case of licences issued prior to 1 July so that export commitments are not entered into for the new marketing year before the beginning of the barley harvest;

Whereas, in view of the risk of licences being issued for excessively high quantities, provision should be made for a period for reflection of three days to elapse before export licences are actually issued for any cereals and most processed cereal products;

Whereas certain provisions of Article 44 of Regulation (EEC) No 3719/88 concerning applications for export licences for certain products in connection with invitations to tender organized in importing third countries should be made more restrictive and thus more in keeping with commercial practice in the cereals trade;

Whereas, in view of the competition on the world market for cereals and rice, provision should be made for export licences to be granted for the main products, including durum wheat, with a special term of validity and for relatively large minimum quantities, with more advantageous minimum quantities for exports to the African, Caribbean and Pacific (ACP) States; whereas the licences should be granted subject to certain additional conditions concerning, in particular, presentation of the delivery contract to the competent agency within a specified time;

Whereas the securities to be lodged for import and export licences should be fixed at different levels for the various product groups according to the possible variations in the refund or export tax during the term of validity of the licences, preferential treatment being granted in respect of deliveries to ACP countries;

Whereas the applicable export refunds should be specified in cases where the terms of validity of licences are extended as a result of force majeure pursuant to Article 37 of Regulation (EEC) No 3719/88;

Whereas the Management Committee for Cereals, failed to deliver an opinion within the time allowed by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down the special detailed rules for the application of the system of import and export licences introduced by:

- Article 9 of Regulation (EEC) No 1766/92,

- Article 10 of Regulation (EEC) No 1418/76.

Article 2

1. Where applications for export licences are submitted in connection with invitations to tender issued pursuant to Article 7 of Commission Regulation (EEC) No 2131/93 (1), the licences shall be issued only for the quantities for which the applicants have obtained contracts.

The export licences shall be valid for no more than the quantity indicated in Section 17. The figure '0` shall be entered in section 19.

2. Applications for export licences as provided for in Article 8 (2) of Regulation (EEC) No 2131/93 shall show the relevant destination in Section 7. The holders of the licences shall be obliged to export the products in question to that destination.

All countries for which the same rate of export refund or tax applies shall be considered as one destination.

Article 3

1. Where export refunds are fixed by tender, the rate of refund appearing in statements of award of contracts shall be entered in letters and figures in Section 22 of the licences. This rate shall be expressed in ecus and shall be preceded by one of the following:

- Tipo de la restitución de base a la exportación adjudicado - Tilslagssats for basiseksportrestitutionen - Zugeschlagener Satz der Grundausfuhrerstattung - Ðïóïóôue ôçò êáôáêõñùèaassóáò aaðéóôñïoeÞò âUEóaaùò êáôUE ôçí aaîáãùãÞ - Tendered rate of basic export refund - Taux de la restitution de base à l'exportation adjugé - Tasso della restituzione di base all'esportazione aggiudicato - Gegunde basisrestitutie bij uitvoer - Taxa de restituição de base à exportação adjudicada - Tarjouskilpailutetun perusvientituen maeaerae - Anbudssats foer exportbidrag.

2. Where export taxes are fixed by tender, the rate of tax appearing in statements of award of contracts shall be entered in letters and figures in Section 22 of the licences. This rate shall be expressed in ecus and shall be preceded by one of the following:

- Tipo del gravamen a la exportación adjudicado - Tilslagssats for eksportafgiften - Zugeschlagener Satz der Ausfuhrabgabe - ¾oeïò oeueñïõ êáôUE ôçí aaîáãùãÞ - Tendered rate of export tax - Taux de la taxe à l'exportation adjugé - Aliquota della tassa all'esportazione aggiudicata - Gegunde belasting bij uitvoer - Taxa de exportação adjudicada - Tarjouskilpailutetusta viennistae kannettavan maksun maeaerae - Anbudssats foer exportavgift.

Article 4

1. Notwithstanding Article 13a of Regulation (EEC) No 3719/88, for products falling within CN codes 1101 00 15, 1102 20, 1103 11 10 and 1103 13, applications for export licences may indicate products falling within two contiguous eleven-digit subdivisions of the abovementioned subheadings.

The two subdivisions shown in applications shall appear on the export licences.

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