Regulation (EEC) No 193/75 of the Commission of 17 January 1975 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products

Published date31 January 1975
Subject MatterAgriculture and Fisheries
Official Gazette PublicationOfficial Journal of the European Communities, L 25, 31 January 1975
EUR-Lex - 31975R0193 - EN

Regulation (EEC) No 193/75 of the Commission of 17 January 1975 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products

Official Journal L 025 , 31/01/1975 P. 0010 - 0043
Greek special edition: Chapter 03 Volume 19 P. 0260


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( 1 ) OJ N 117 , 19 . 6 . 1967 , P . 2269/67

( 2 ) OJ N L 11 , 16 . 1 . 1975 , P . 1 .

( 3 ) OJ N L 150 , 20 . 7 . 1970 , P . 1 .

( 4 ) OJ N L 220 , 10 . 8 . 1974 , P . 5 .

( 5 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .

( 6 ) OJ N L 59 , 10 . 3 . 1969 , P . 3 .

( 7 ) OJ N L 130 , 7 . 6 . 1972 , P . 15 .

( 8 ) OJ N L 35 , 12 . 2 . 1971 , P . 31 .

( 9 ) OJ N L 73 , 27 . 3 . 1972 , P . 14 .

REGULATION ( EEC ) N 193/75 OF THE COMMISSION

OF 17 JANUARY 1975

LAYING DOWN COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE FIXING CERTIFICATES FOR AGRICULTURAL PRODUCTS

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION N 120/67/EEC ( 1 ) OF 13 JUNE 1967 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS , AS LAST AMENDED BY REGULATION ( EEC ) N 85/75 ( 2 ) , AND IN PARTICULAR ARTICLES 12 ( 2 ) , 15 ( 5 ) , 16 ( 6 ) AND 24 THEREOF AND THE CORRESPONDING PROVISIONS OF THE OTHER REGULATIONS ESTABLISHING A COMMON ORGANIZATION OF THE MARKET IN RESPECT OF AGRICULTURAL PRODUCTS ;

WHEREAS COMMUNITY RULES RELATING TO THE VARIOUS SECTORS COVERED BY THE COMMON ORGANIZATION OF AGRICULTURAL MARKETS PROVIDE THAT IMPORT AND EXPORT LICENCES AND ADVANCE FIXING CERTIFICATES ARE APPLICABLE TO IMPORTS AND EXPORTS EFFECTED IN THE COMMUNITY ; WHEREAS SUCH A RULE REQUIRES THE ADOPTION OF COMMON PROVISIONS LAYING DOWN CONDITIONS FOR THE DRAWING UP AND USE OF SUCH LICENCES OR CERTIFICATES AND THE ESTABLISHMENT OF COMMUNITY FORMS AND METHODS OF ADMINISTRATIVE COOPERATION BETWEEN MEMBER STATES ;

WHEREAS COMMISSION REGULATION ( EEC ) N 1373/70 ( 3 ) OF 10 JULY 1970 , AS LAST AMENDED BY REGULATION ( EEC ) N 2111/74 ( 4 ) , LAYS DOWN COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE CERTIFICATES FOR AGRICULTURAL PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM ; WHEREAS THE PROVISIONS OF THAT REGULATION HAVE , HOWEVER , BEEN FREQUENTLY AND SOMETIMES SUBSTANTIALLY AMENDED ; WHEREAS , THEREFORE , IN THE INTERESTS OF CLARITY AND ADMINISTRATIVE EFFICIENCY IT IS ADVISABLE TO CONSOLIDATE THE RULES IN QUESTION IN A SINGLE TEXT , AT THE SAME TIME MAKING CERTAIN AMENDMENTS WHICH EXPERIENCE HAS SHOWN TO BE DESIRABLE AND CLARIFYING A POINT IN ARTICLE 17 IN ACCORDANCE WITH A DECISION OF THE COURT OF JUSTICE ;

WHEREAS , IN VIEW OF INTERNATIONAL TRADE PRACTICE IN RESPECT OF THE PRODUCTS OR GOODS IN QUESTION , CERTAIN TOLERANCES SHOULD BE ALLOWED WITH REGARD TO THE QUANTITY OF PRODUCTS IMPORTED OR EXPORTED AS COMPARED WITH THE QUANTITY INDICATED ON THE LICENCE OR CERTIFICATE ;

WHEREAS THE COMMUNITY REGULATIONS WHICH INTRODUCE IMPORT AND EXPORT LICENCES PROVIDE THAT ALL IMPORTS INTO THE COMMUNITY AND ALL EXPORTS FROM IT SHALL BE SUBJECT TO THE PRODUCTION OF SUCH A LICENCE ; WHEREAS IT SHOULD THEREFORE EXPRESSLY BE MADE CLEAR THAT SUCH LICENCES ARE NOT REQUIRED FOR OPERATIONS WHICH DO NOT IN THE STRICT SENSE CONSTITUTE IMPORTS OR EXPORTS ;

WHEREAS THE OBJECT OF IMPORT AND EXPORT LICENCES IS THE SOUND ADMINISTRATION OF THE COMMON ORGANIZATION OF MARKETS ; WHEREAS SOME TRANSACTIONS RELATE TO SMALL QUANTITIES ; WHEREAS FOR PURPOSE OF SIMPLIFYING ADMINISTRATIVE PROCEDURES IT WOULD SEEM DESIRABLE TO EXEMPT SUCH TRANSACTIONS FROM THE OBLIGATION TO PRODUCE AN IMPORT OR EXPORT LICENCE ;

WHEREAS THE COMMUNITY REGULATIONS WHICH INTRODUCE THE ABOVEMENTIONED LICENCES AND CERTIFICATES PROVIDE THAT THEIR ISSUE SHALL BE CONDITIONAL UPON THE GIVING OF SECURITY CALCULATED TO GUARANTEE THAT THE OBLIGATION TO IMPORT OR EXPORT WILL BE FULFILLED DURING THE PERIOD OF THEIR VALIDITY ; WHEREAS IT IS NECESSARY TO DEFINE WHEN THE OBLIGATION TO EXPORT OR IMPORT IS FULFILLED ;

WHEREAS THE RULES RELATING TO THE VARIOUS SECTORS SUBJECT TO THE COMMON ORGANIZATION OF MARKETS PROVIDE THAT AN APPLICANT WHO WISHES HIS TRANSACTION TO BE SUBJECT TO THE LEVY OR REFUND OBTAINING ON THE DAY ON WHICH HIS LICENCE APPLICATION IS LODGED MUST LODGE HIS APPLICATION FOR SUCH ADVANCE FIXING AT THE SAME TIME AS THE LICENCE APPLICATION AND BEFORE 13.00 HOURS ; WHEREAS IN ORDER TO SIMPLIFY ADMINISTRATIVE PROCEDURES IT IS DESIRABLE TO PRESCRIBE THE SAME DEADLINE FOR THE LODGING OF APPLICATIONS FOR LICENCES ISSUED WITHOUT ADVANCE FIXING OF THE LEVY OR REFUND ;

WHEREAS IN SOME CASES THE AMOUNT OF SECURITY REQUIRED IN RESPECT OF A LICENCE OR CERTIFICATE MAY BE EXTREMELY SMALL ; WHEREAS , IN ORDER TO REDUCE THE ADMINISTRATIVE LOAD , NO SECURITY SHOULD BE REQUIRED IN SUCH CASES ;

WHEREAS IN THE INTEREST OF SOUND ADMINISTRATION LICENCES OR CERTIFICATES AND EXTRACTS THEREFROM MAY NOT BE AMENDED AFTER ISSUE ; WHEREAS , HOWEVER , IN CASES OF DOUBT RELATING TO AN ERROR ATTRIBUTABLE TO THE ISSUING AGENCY AND CONCERNING THE ITEMS APPEARING ON THE LICENCE OR CERTIFICATE OR EXTRACT , A PROCEDURE SHOULD BE INTRODUCED WHEREBY INACCURATE LICENCES OR CERTIFICATES OR EXTRACTS MAY BE WITHDRAWN AND CORRECTED DOCUMENTS ISSUED ;

WHEREAS COMMISSION REGULATION ( EEC ) N 192/75 ( 5 ) LAYING DOWN DETAILED RULES FOR THE APPLICATION OF EXPORT REFUNDS IN RESPECT OF AGRICULTURAL PRODUCTS PROVIDES THAT EXPORTATION SHALL BE CONSIDERED TO HAVE TAKEN PLACE WHEN THE PRODUCTS IN RESPECT OF WHICH FORMALITIES HAVE BEEN COMPLETED HAVE LEFT THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY OR REACHED THEIR DESTINATIONS , ALTHOUGH FOR REASONS OF ADMINISTRATIVE CONVENIENCE THE DATE OF EXPORTATION FOR THE PURPOSE OF DETERMINING THE RATE OF THE REFUND IS TO BE THE DAY ON WHICH CUSTOMS EXPORT FORMALITIES ARE COMPLETED ; WHEREAS , WHERE TRANSACTIONS ARE CARRIED OUT UNDER ONE OF THE PROCEDURES INTRODUCED BY COUNCIL REGULATION ( EEC ) N 441/69 ( 6 ) OF 4 MARCH 1969 LAYING DOWN ADDITIONAL GENERAL RULES FOR GRANTING EXPORT REFUNDS ON PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM EXPORTED UNPROCESSED OR IN THE FORM OF CERTAIN GOODS NOT COVERED BY ANNEX II TO THE TREATY , AS LAST AMENDED BY REGULATION ( EEC ) N 1181/72 ( 7 ) , EXPORTATION IS CONSIDERED FOR THE PURPOSE OF CALCULATING THE PERIOD OF VALIDITY OF LICENCES OR CERTIFICATES TO HAVE TAKEN PLACE ON THE DAY ON WHICH THE GOODS OR PRODUCTS CONCERNED ARE PLACED UNDER ONE OF THE ABOVEMENTIONED PROCEDURES ; WHEREAS FOR THE SAME REASONS THESE RULES SHOULD APPLY FOR THE PURPOSES OF THIS REGULATION ;

WHEREAS THE COMMUNITY REGULATIONS WHICH INTRODUCE THE ABOVEMENTIONED LICENCES AND CERTIFICATES PROVIDE THAT THE SECURITY SHALL BE FORFEIT IN WHOLE OR IN PART WHERE IF IMPORTATION OR EXPORTATION IS NOT CARRIED OUT , OR ONLY PARTLY CARRIED OUT , DURING THE PERIOD OF VALIDITY OF THE LICENCE OR CERTIFICATE ; WHEREAS THE ACTION TO BE TAKEN IN SUCH CIRCUMSTANCES SHOULD BE SPECIFIED IN DETAIL , IN PARTICULAR FOR CASES WHERE NON-FULFILMENT OF OBLIGATIONS IS DUE TO FORCE MAJEURE ;

WHEREAS , IN ORDER TO SIMPLIFY ADMINISTRATIVE PROCEDURES , IT WOULD SEEM SUITABLE TO PROVIDE FOR THE SECURITY TO BE RETURNED IN FULL WHEN THE TOTAL AMOUNT TO BE FORFEIT IS VERY SMALL ;

WHEREAS COMMISSION REGULATION ( EEC ) N 304/71 ( 8 ) OF 11 FEBRUARY 1971 ON SIMPLIFICATION OF THE COMMUNITY TRANSIT PROCEDURE FOR GOODS CARRIED BY RAIL , AS LAST AMENDED BY THE ACT OF ACCESSION ( 9 ) , PROVIDES THAT IF A CARRIAGE OPERATION STARTS WITHIN THE COMMUNITY AND IS TO END OUTSIDE THE COMMUNITY NO FORMALITIES NEED BE COMPLETED AT THE CUSTOMS OFFICE OF THE FRONTIER STATION ; WHEREAS WHERE THE PROVISIONS OF REGULATION ( EEC ) N 304/71 APPLY IT SEEMS DESIRABLE FOR THE PURPOSE OF SIMPLIFYING ADMINISTRATIVE PROCEDURES TO PROVIDE SPECIAL ARRANGEMENTS FOR THE RELEASE OF THE SECURITY ;

WHEREAS IT MAY HAPPEN THAT BY REASON OF CIRCUMSTANCES BEYOND THE CONTROL OF THE PARTY CONCERNED THE DOCUMENT CONSTITUTING PROOF OF DEPARTURE FROM THE GEOGRAPHICAL TERRITORY OF THE COMMUNITY CANNOT BE PRODUCED ALTHOUGH THE PRODUCT HAS LEFT SUCH TERRITORY OR , IN THE CASE OF OPERATIONS AS SPECIFIED IN ARTICLE 3 OF REGULATION ( EEC ) N 192/75 , REACHED ITS DESTINATION ; WHEREAS SUCH A SITUATION MAY IMPEDE TRADE ; WHEREAS IN SUCH CIRCUMSTANCES OTHER DOCUMENTS SHOULD BE RECOGNIZED AS EQUIVALENT ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINIONS OF ALL THE RELEVANT MANAGEMENT COMMITTEES ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

WITHOUT PREJUDICE TO THE DEROGATIONS PROVIDED FOR IN SPECIFIC COMMUNITY RULES FOR CERTAIN PRODUCTS , THIS REGULATION LAYS DOWN THE COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCE FIXING CERTIFICATES ( HEREINAFTER CALLED " LICENCES " AND " CERTIFICATES " ) ESTABLISHED BY :

_ ARTICLE 17 OF REGULATION N 136/66/EEC ( OILS AND FATS ) ,

_ ARTICLE 12 OF REGULATION N 120/67/EEC ( CEREALS ) ,

_ ARTICLE 4A OF REGULATION N 142/67/EEC ( COLZA , RAPE AND SUNFLOWER SEEDS ) ,

_ ARTICLE 10 OF REGULATION N 359/67/EEC ( RICE ) ,

_ ARTICLE 5A OF REGULATION N 175/67/EEC ( EGGS ) ,

_ ARTICLE 5A OF REGULATION N 176/67/EEC ( POULTRYMEAT ) ,

_ ARTICLE 11 OF REGULATION N 1009/67/EEC ( SUGAR ) ,

_ ARTICLE 13 OF REGULATION ( EEC ) N 804/68 ( MILK AND MILK PRODUCTS ) ,

_ ARTICLES 12A AND 15 OF REGULATION ( EEC ) N 805/68 ( BEEF AND VEAL ) ,

_ ARTICLE 6 OF REGULATION ( EEC ) N 865/68 ( PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES ) ,

_ ARTICLE 8 OF REGULATION ( EEC ) N 816/70 ( WINE ) ,

_ ARTICLE 6 OF REGULATION ( EEC ) N 2682/72 ( AGRICULTURAL PRODUCTS EXPORTED IN THE FORM OF GOODS NOT COVERED BY ANNEX II TO THE TREATY ) .

ARTICLE 2

1 . THE ISSUE OF AN IMPORT OR EXPORT LICENCE SHALL ESTABLISH THE RIGHT AND CREATE THE OBLIGATION TO IMPORT OR EXPORT UNDER...

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