Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80

• Coming into Force: 01 July 1995
• End of Effective Date: 08 May 2008
• Celex Number: 31995R1445
• ELI: http://data.europa.eu/eli/reg/1995/1445/oj
• Published date: 27 June 1995
• Date: 26 June 1995
• Official Gazette Publication: Official Journal of the European Communities, L 143, 27 June 1995

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Commission Regulation (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80

Official Journal L 143 , 27/06/1995 P. 0035 - 0044

COMMISSION REGULATION (EC) No 1445/95 of 26 June 1995 on rules of application for import and export licences in the beef and veal sector and repealing Regulation (EEC) No 2377/80

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 805/68 of 27 June 1968 on the common organization of the market in beef and veal (1), as last amended by Regulation (EC) No 424/95 (2), and in particular Articles 9, 13 and 25 thereof,

Whereas the first subparagraph of Article 15 (1) of Regulation (EEC) No 805/68 makes all imports into the Community of the products listed in Article 1 (1) (a) of that Regulation subject to presentation of an import licence; whereas experience has shown the need for close monitoring of the trend of trade in all products of the sector of particular importance for the balance of this particularly sensitive market; whereas accordingly to improve market management import licences should also be required for products of CN codes 1602 50 31 to 1602 50 80 and 1602 90 69;

Whereas it is necessary to monitor imports into the Community of young male animals, in particular calves; whereas issuing of import licences for these animals should be made conditional on indication of their country of provenance;

Whereas Article 13 of Regulation (EEC) No 805/68 requires, from 1 July 1995, presentation of an export licence with advance fixing of the refund in the case of any export operation for which an export refund is claimed; whereas specific rules of application for this arrangement should be determined for the sector, covering in particular submission of applications and the information to be given on applications and licences; whereas the provisions of Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for application of the system of import and export licences and advance fixing certificates for agricultural products (3), as last amended by Regulation (EC) No 1199/95 (4), should accordingly be supplemented;

Whereas Article 13 (11) of Regulation (EEC) No 805/68 provides for the export volume obligations arising from the agreements concluded in the Uruguay Round of multilateral trade negotiations to be respected on the basis of export licences; whereas precise rules should therefore be laid down on lodging of applications and issuing of licences;

Whereas, further, notification of decisions on export licence applications should be made only after a reflection period enabling the Commission to assess the quantities applied for and the relevant expenditure and if appropriate take particular action on the applications in question; whereas in the interests of applicants they should be able to withdraw applications if an acceptance percentage applying to these has been set;

Whereas in the case of applications for quantities not exceeding 22 tonnes immediate issuing of the licence, if the operator so requests, should be permitted; whereas to prevent circumvention of the standard provisions the period of validity of such licences should be restricted;

Whereas to permit very precise management of quantities exported the tolerance rules set in Regulation (EEC) No 3719/88 should not apply;

Whereas it is necessary to incorporate in the present Regulation the special export provisions of Commission Regulation (EEC) No 2973/79 (5), as last amended by Regulation (EEC) No 3434/87 (6);

Whereas to be able to run these import and export licence arrangements properly the Commission needs precise information on licence applications made and the use of those issued; whereas administrative efficiency dictates that communications from Member States to the Commission be made in a single prescribed form;

Whereas 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:

TITLE I

Scope

Article 1

This Regulation sets rules of application for import and export licences in the beef and veal sector.

TITLE II

Import licences

Article 2

1. All importation into the Community of the products listed at (a) in Article 1 (1) of Regulation (EEC) No 805/68 or of CN codes 1602 50 31 to 1602 50 80 and 1602 90 69 shall be subject to presentation of an import licence.

2. For products of CN codes 0102 90 05 to 0102 90 29 the licence application and the licence must show in box 7 the country of provenance. The licence shall carry with it an obligation to import from that country.

Article 3

Licences shall be valid 90 days from their date of issue as defined in Article 21 (1) of Regulation (EEC) No 3719/88.

Article 4

The security against import licences shall be

- ECU 3 per head for live animals,

- ECU 2 per 100 kilograms net weight for other products.

Article 5

Without prejudice to more specific provisions, licence applications shall be made for products of:

- a single combined nomenclature subheading,

or

- one of the groups of combined nomenclature subheadings listed in Annex I.

The information shown on the application shall be carried over to the licence.

Article 6

Before the fifth day of each month Member States...