1995R1162 — EN — 01.03.2001 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1162/95
of23May1995
layingdownspecialdetailedrulesfortheapplicationofthesystemofimportandexportlicencesfor
cereals andrice
(OJ L 117, 24.5.1995, p. 2)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1517/95 of 29 June 1995 L 147 51 30.6.1995
►M2Commission Regulation (EC) No 1518/95 of 29 June 1995 L 147 55 30.6.1995
►M3Commission Regulation (EC) No 1617/95 of 4 July 1995 L 154 5 5.7.1995
►M4Commission Regulation (EC) No 1861/95 of 27 July 1995 L 177 86 28.7.1995
►M5Commission Regulation (EC) No 2147/95 of 8 September 1995 L 215 4 9.9.1995
►M6Commission Regulation (EC) No 2917/95 of 18 December 1995 L 305 53 19.12.1995
►M7Commission Regulation (EC) No 285/96 of 14 February 1996 L 37 18 15.2.1996
►M8Commission Regulation (EC) No 1029/96 of 7 June 1996 L 137 1 8.6.1996
►M9Commission Regulation (EC) No 1527/96 of 30 July 1996 L 190 23 31.7.1996
►M10Commission Regulation (EC) No 932/97 of 26 May 1997 L 135 2 27.5.1997
►M11Commission Regulation (EC) No 444/98 of 25 February 1998 L 56 12 26.2.1998
►M12Commission Regulation (EC) No 1432/1999 of 30 June 1999 L 166 56 1.7.1999
►M13Commission Regulation (EC) No 2110/2000 of 4 October 2000 L 250 23 5.10.2000
►M14Commission Regulation (EC) No 409/2001 of 28 February 2001 L 60 27 1.3.2001
Corrected by:
►C1Corrigendum, OJ L 133, 17.6.1995, p. 51 (1162/95)
►C2Corrigendum, OJ L 135, 8.5.1998, p. 47 (444/98)
►C3Corrigendum, OJ L 85, 24.3.2001, p. 43 (409/2001)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EC)No1162/95
of23May1995
layingdownspecialdetailed rulesfortheapplicationofthesystem
ofimportandexportlicences forcereals andrice
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 andby Regulation (EC) No 3290/94, and in particular Articles 12 (4) and14 (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 thesake of clarity and efficient administration, the applicable provisionsshould 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 fromCommission Regulation (EEC) No 3719/88 of 16 November 1988laying down common detailed rules for the application of the system of
import and export licences and advance-fixing certificates for agricul-
tural 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 destina-tions for which they are issued and provision should be made for thespecial particulars to be shown on export licences, in particular in thecase 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 require-ments and the need for sound management; whereas, in view ofcompetition on the world market, a specially lengthy term of validityshould be granted for malt exports, expiring, however, on 30 Septemberin 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 ofthree days to elapse before export licences are actually issued for anycereals 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 in1995R1162 — EN — 01.03.2001 — 005.001 — 2
(1) OJ No L 181, 1. 7. 1992, p. 21.
(2) OJ No L 349, 31. 12. 1994, p. 105.
(3) OJ No L 166, 25. 6. 1976, p. 1.
(4) OJ No L 94, 7. 4. 1989, p. 13.
(5) OJ No L 106, 11. 5. 1995, p. 8.
(6) OJ No L 331, 2. 12. 1988, p. 1.
(7) OJ No L 39, 21. 2. 1995, p. 1.
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connection with invitations to tender organized in importing third
countries should be made more restrictive and thus more in keeping withcommercial 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 themain products, including durum wheat, with a special term of validityand 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 certainadditional conditions concerning, in particular, presentation of thedelivery 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 theterm of validity of the licences, preferential treatment being granted inrespect 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 forcemajeure 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 CommissionRegulation (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 inSection 7. The holders of the licences shall be obliged to export theproducts 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—Ποσοστό της κατακυρωθείσας επιστροφής βάσεως κατά την
εξαγωγή
— Tendered rate of basicexport refund— Taux de la restitution de base à l'exportation adjugé1995R1162 — EN — 01.03.2001 — 005.001 — 3
(1) OJ No L 191, 31. 7. 1993, p. 76.
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— Tasso della restituzione di base all'esportazione aggiudicato— Gegunde basisrestitutie bij uitvoer— Taxa de restituição de base à exportação adjudicada
— Tarjouskilpailutetun perusvientituen määrä
— Anbudssats för 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
—Ύψος φόρου κατά την εξαγωγή
— 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 viennistä kannettavan maksun määrä— Anbudssats för 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 and1103 13, applications for export licences may indicate products fallingwithin two contiguous 12-digit subdivisions of the abovementioned
subheadings.
The following product categories within the meaining of Article 13a of
Regulation (EEC) No 3719/88 shall apply:
category 1: 1108 11 00 9200, 1108 11 00 9300category 2: 1108 12 00 9200, ►
C21108 12 00 9300 ◄
category 3: 1108 13 00 9200, 1108 13 00 9300category 4: 1108 19 10 9200, 1108 19 10 9300category 5: 1702 30 51 9000, 1702 30 91 9000, 1702 90 50 9100category 6: 1702 30 59 9000, 1702 30 99 9000, 1702 40 90 9000,
1702 90 50 9900, 2106 90 55 9000.
The 12-digit subdivisions shown in applications shall appear on the
export licences.
2. Notwithstanding Article 13a of Regulation (EEC) No 3719/88, for
products falling within CN codes 2309 10 11, 2309 10 13, 2309 10 31,
2309 10 33, 2309 10 51, 2309 10 53, 2309 90 31, 2309 90 33,2309 90 41, 2309 90 43, 2309 90 51 and 2309 90 53 containing lessthan 50 % by weight of milk products, export licence applications shallshow:
— in Section 15, the description of the product and its eight-digit code;
in the case of products falling within two or more adjacentsubdivisions, the exporter may show the ►
M1112-digit code, in
which case the following shall be indicated in Section 15:preparations used for animal feed covered by Regulation (EC) No
1517/95 ◄
— in Section 16, the reference ‘2309’,
— in Sections 17 and 18, the quantity of compound feedingstuffs which
must be exported,
— in Section 20, the content in cereal products to be incorporated in the
compound feedingstuff if this is known, a distinction being madebetween maize and other cereals; otherwise, if use is made of the1995R1162 — EN — 01.03.2001 — 005.001 — 4
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provision referred to above of annotating Section 15, the bracket
showing the quantities of maize and other cereals incorporated.
The details included on applications shall be shown on the export
licences.
Article 5
For the purposes of the second paragraph of Article 15 of the
Commission Regulation (EC) No 1501/95(1) and of Article 17 (10) of
Regulation (EEC) No 1418/76, Section 22 of export licences shall showone of the following:
— Gravamen a la exportación no aplicable
— Eksportafgift ikke anvendelig— Ausfuhrabgabe nicht anwendbar—Μη εφαρµοζόµενος φόρος κατά την εξαγωγή
— Export tax not applicable
— Taxe à l'exportation non applicable— Tassa all'esportazione non applicabile— Uitvoerbelasting niet van toepassing— Taxa de exportação não aplicável
— Vientimaksua ei sovelleta
— Exportavgift icke tillämplig.
Article 6
1. Import licences for products listed in Article 1 of Regulation
(EEC) No 1766/92 and Article 1 of Regulation (EEC) No 1418/76 shallbe valid from their date of issue pursuant to Article 21 (1) of Regulation
(EEC) No 3719/88 until the end of their term of validity as laid down in
Annex I to this Regulation.
2. Where a special term of validity is laid down for import licences
for imports originating in and coming from certain third countries,Section 7 and 8 of licence applications and of the licences themselvesshall state the country or countries of provenance and of origin. Licences
shall entail an obligation to import from that country or those countries.
Article 7
1. Export licences for products listed in Article 1 of Regulation
(EEC) No 1766/92 and Article 1 of Regulation (EEC) No 1418/76 shall
be valid from their date of issue pursuant to Article 21 (1) of Regulation(EEC) No 3719/88 until the end of their term of validity as laid down inAnnex II to this Regulation.
1a. However, notwithstanding paragraph 1, the validity of export
licences for products falling within CN codes 1702 30, 1702 40, 1702 90
and 2106 90 for which applications are submitted up until 25 June of
each marketing year shall expire on 30 June. For applications submittedfrom 26 June of a marketing year until 30 September of the followingmarketing year, export licences for the abovementioned products shallbe valid for 30 days from their date of issue within the meaning ofArticle 21(1) of Regulation (EEC) No 3719/88.
Customs export formalities for the abovementioned licences must be
completed by 30 June of each marketing year for licences applied for up
until 25 June. For such licences applied for between 26 June and 30September of the following marketing year, customs export formalitiesmust be completed no later than 30 days following their date of issue.
Those deadlines shall also apply to the formalities referred to in Article
30 of Regulation (EEC) No 3665/87 for products placed under the1995R1162 — EN — 01.03.2001 — 005.001 — 5
(1) OJ No L 147, 30. 6. 1995, p. 7.▼M7
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▼M11
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arrangements laid down by Regulation (EEC) No 565/80 under those
licences.
In Section 22 of those licences shall be entered one of the following:
— Limitación establecida en al (SIC! el) apartado 1 bisdel artículo 7
del Reglamento (CE) no1162/95
— Begrænsning, jf. artikel 7, stk. 1a, i forordning (EF) nr. 1162/95— Kürzung der Gültigkeitsdauer nach Artikel 7 Absatz 1a der
Verordnung (EG) Nr. 1162/95
—Περιορισµός που προβλέπεται στο άρθρο 7παράγραφος 1α του
κανονισµού (ΕΚ) αριθ. 1162 /95
— Limitation provided for in Article 7(1a) of Regulation (EC) No 1162/
95
— Limitation prévue à l'article 7 paragraphe 1 bisdu règlement (CE) n
o
1162/95
— Limitazione prevista all'articolo 7, paragrafo 1 bis, del regolamento
(CE) n. 1162/95
— Beperking als bepaald in artikel 7, lid 1 bis, van Verordening (EG)
nr. 1162/95
— Limitação estabelecida no no1A do artigo 7odo Regulamento (CE)
no1162/95
— Asetuksen (EY) N:o 1162/95 7 artiklan 1 a kohdassa säädetty
rajoitus
— Begränsning enligt artikel 7.1a i förordning (EG) nr 1162/95.
2. Notwithstanding paragraph 1, at the request of the operator, export
licences for products falling within CN codes 1107 10 19, 1107 10 99and 1107 20 00 shall be valid from the date of their issue pursuant toArticle 21 (1) of Regulation (EEC) No 3719/88, until:
— 30 September of the current calendar year, where they are issued
from 1 January to 30 April,
— the end of the 11th month following that of issue, where they are
issued from 1 July to 31 October,
— 30 September of the following calendar year, where they are issued
from 1 November to 31 December.
In the above cases, notwithstanding Article 9 of Regulation (EEC) No
3719/88, rights deriving from licences as referred to in this paragraph
shall not be transferable.
2a. In cases where no refund or export tax have been fixed, export
licences for the products referred to in Article 1 of Regulation (EEC) No1766/92 and Article 1 of Regulation (EEC) No 1418/76 shall be valid 30days from the day of issue within the meaning of Article 21 (1) of
Regulation (EEC) No 3719/88.
3. Export licences for products listed in Article 1 (1) (a), (b) and (c)
of Regulation (EEC) No 1766/92 and in Article 1 of Regulation (EEC)No 1418/76 and for products falling within CN codes 1102 20 10,1102 20 90, 1103 13 10, 1103 13 90, 1103 29 20, 1104 21 50,1104 22 99, 1104 23 10, 1108 11 00, 1108 12 00, 1108 13 00,1109 00 00, 1702 30 51, 1702 30 91, 1702 30 99, 1702 40 90,
1702 90 50, 1702 90 79, 2106 90 55, 2309 10 11, 2309 10 13,
2309 10 31, 2309 10 33, 2309 10 51, 2309 10 53, 2309 90 31,2309 90 33, 2309 90 41, 2309 90 43, 2309 90 51 and 2309 90 53 aslisted in Regulation (EEC) No 1766/92 shall be issued on the thirdworking day after applications are lodged, provided that no special
measures are taken in the meanwhile.
The Commission may decide not to grant applications.
The first subparagraph shall not apply to licences issued in connection
with invitations to tender or to the licences referred to in Article 14a ofRegulation (EC) No 3719/88 that are issued for the purpose of a food aid1995R1162 — EN — 01.03.2001 — 005.001 — 6
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operation within the meaning of Article 10(4) of the Agreement on
Agriculture concluded as part of the Uruguay Round of multilateraltrade negotiations. The scrutiny period shall not apply to the issue of
export licences where an application relating to a quantity of 20 tonnes
or less is submitted by a humanitarian agency without an accompanyingrefund application.
3a. Without prejudice to Article 16 of Regulation (EEC) No 1766/
92, at the request of operators, export licences without refund shall beissued on the day of submission of applications, except where an exportduty is applicable to the product in question on the day of submission.
Where, at the time of export, an export duty has been fixed for the
product covered by licences issued pursuant to the first subparagraph,that duty shall apply.
Such export licences shall be valid for 30 days from the day of issue.
One of the following wordings shall be entered in Section 22 of the
licence:
— Limitación establecida en el apartado 3 bisdel artículo 7 del
Reglamento (CE) n
o1162/95
— Begrænsning, jf. artikel 7, stk. 3a, i forordning (EF) nr. 1162/95
— Kürzung der Gültigkeitsdauer nach Artikel 7 Absatz 3a, der
Verordnung (EG) Nr. 1162/95
—Περιορισµός που προβλέπεται στο άρθρο 7παράγραφος 3α του
κανονισµού (ΕΚ) αριθ. 1162 /95
— Limitation provided for in Article 7(3a) of Regulation (EC) No 1162/
95
— Limitation prévue à l'article 7, paragraphe 3 bis, du règlement (CE)
no1162/95
— Limitazione prevista all'articolo 7, paragrafo 3 bis, del regolamento
(CE) n. 1162/95
— Beperking als bepaald in artikel 7, lid 3 bis, van Verordening (EG)
nr. 1162/95
— Limitação estabelecida no n.o3A do artigo 7.odo Regulamento (CE)
n.o1162/95
— Asetuksen (EY) N:o 1162/95 7 artiklan 3 a kohdassa säädetty
rajoitus
— Begränsning enligt artikel 7.3a i förordning (EG) nr 1162/95.
4. Where this paragraph is specifically referred to when an export
refund or an export tax on products listed in Article 1 (1) (a), (b) and (c)of Regulation (EEC) No 1766/92 and Article 1 (1) (a) of Regulation
(EEC) No 1418/76 is fixed, export licence applications must be
accompanied by a copy of a contract. The contract must come from anofficial body in the country of destination or an undertaking with itsplace of business in that country and must indicate a quantity coveredby, and a delivery period not extending beyond, the term of validity ofthe licence. No export licences may have been issued previously for the
contract under this Article. The Member State concerned shall verify
that licence applications comply with the conditions laid down in thisparagraph and shall notify the Commission on the day they are lodged ofthe quantity covered by licences which are admissible. The corre-sponding licences shall actually be issued only on the third working day
following the day on which the applications are submitted, provided that
no special measures are taken by the Commission before then.
If applications for export licences as referred to in the first paragraph
cover quantities in excess of those which may be committed for export
and which are indicated in the regulation fixing the refund or tax inquestion, the Commission may fix a uniform percentage reduction in thequantities within two working days of submission of the applications.Licence applications may be withdrawn within two working days of thedate of publication of the percentage reduction.1995R1162 — EN — 01.03.2001 — 005.001 — 7
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Notwithstanding Article 9 of Regulation (EEC) No 3719/88, rights
deriving from licences shall not be transferable.
In the case of non-performance of the contract by the importing
purchaser, the operator may export to a different country of destinationbut only against the export refund or export tax in force on the day onwhich applications for export licences to ‘other third countries’ wereoriginally lodged. Where no export refund or export tax exists for ‘otherthird countries’ on the date of the original licence application, an ad hoc
solution may be adopted, in accordance with the procedure laid down in
Article 23 of Regulation (EEC) No 1766/92.
Article 7 a
1. The following provisions shall apply to exports to Poland of
products falling within ►
C3CN codes 1001 90, 1101, 1102 and ◄
ex 2302, with the exception of products falling within CN code2302 50, referred to in Article 1(1) of Regulation (EEC) No 1766/92.
2. Exports as referred to in paragraph 1 shall be subject to the
presentation to the competent authorities of Poland of a certified copy of
the export licence issued in accordance with Article 7(3a) and with thisArticle, and a duly endorsed copy of the export declaration for eachconsignment. The goods shall not have been exported previously toanother third country.
3. Licences shall contain:
(a) in box 7, the word ‘Poland’;
(b) in box 15, a description of the goods in accordance with the
Combined Nomenclature;
(c) in box 16, the eight-figure Combined Nomenclature code and the
quantity in tonnes for each product referred to in box 15;
(d) in boxes 17 and 18, the total quantity of the products referred to in
box 16;
(e) in box 20, one of the following:
— Exportación a Polonia. Artículo 7 bisdel Reglamento (CE) n
o
1162/95
— Udførsel til Polen. Artikel 7a i forordning (EF) nr. 1162/95— Ausfuhr nach Polen. Artikel 7a der Verordnung (EG) Nr. 1162/
95
—Εξαγωγή στην Πολωνία. Άρθρο 7α του κανονισµού (ΕΚ)
αριθ. 1162 /95
— Export to Poland. Article 7a of Regulation (EC) No 1162/95
— Exportation en Pologne. Article 7 bisdu règlement (CE) n
o1162/
95
— Esportazione in Polonia. Articolo 7 bis del regolamento (CE) n.
1162/95
— Uitvoer naar Polen. Artikel 7 bis van Verordening (EG) nr. 1162/
95
— Exportação para a Polónia. Artigo 7.oA do Regulamento (CE) n.o
1162/95
— Vienti Puolaan. Asetuksen (EY) N:o 1162/95 7 a artikla
— Export till Polen. Artikel 7a i förordning (EG) nr 1162/95;
(f) in box 22, in addition to the words provided for in Article 7(3a), one
of the following:
— Sin restitución por exportación
— Uden eksportrestitution— Ohne Ausfuhrerstattung—Χωρίς επιστροφή κατά την εξαγωγή
— No export refund— Sans restitution à l'exportation— Senza restituzione all'esportazione1995R1162 — EN — 01.03.2001 — 005.001 — 8
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— Zonder uitvoerrestitutie
— Sem restituição à exportação
— Ilman vientitukea
— Utan exportbidrag;
(g) Licences shall be valid only for the products and quantities thus
specified.
4. Licences issued under this Article shall carry with them an
obligation to export to the destination indicated in box 7.
5. At the request of the party concerned, a certified copy of the
endorsed licence shall be issued.
6. On the first Monday of each month the competent authorities of
the Member States shall notify the Commission of the quantities forwhich licences have been issued broken down by combined nomen-
clature code.
Article 8
1. Where export is effected pursuant to an invitation to tender opened
in an importing third country, export licences for common wheat, durumwheat, rye, barley, maize, rice, wheat flour, rye flour, groats and meal of
durum wheat and products covered by CN codes 2309 10 11,
2309 10 13, 2309 10 31, 2309 10 33, 2309 10 51, 2309 10 53,2309 90 31, 2309 90 33, 2309 90 41, 2309 90 43, 2309 90 51 and2309 90 53 containing less than 50 % by weight of milk products shallbe valid from their date of issue within the meaning of Article 21 (1) of
Regulation (EEC) No 3719/88 until the date on which the obligations
arising from the award are to be fulfilled.
2. The term of validity of the licence may not exceed four months
following the month of issue pursuant to Article 21 (1) of Regulation(EEC) No 3719/88.
3. Notwithstanding the third subparagraph of Article 44 (3) of
Regulation (EEC) No 3719/88, licence applications may not be lodgedmore than four working days before the closing date for the submissionof tenders specified in the invitation to tender.
4. Notwithstanding Article 44 (5) of Regulation (EEC) No 3719/88,
the maximum period between the closing date for the submission oftenders and the notification given to the issuing agency by the applicant
concerning the outcome of the invitation to tender as provided for in
Article 44 (5) (a) to (d) of that Regulation shall be six working days.
Article 9
1. In special cases, the term of validity of export licences for common
wheat, durum wheat, rye, barley, maize, rice, wheat flour, rye flour,
groats and meal of durum wheat and products covered by CN codes
2309 10 11, 2309 10 13, 2309 10 31, 2309 10 33, 2309 10 51,2309 10 53, 2309 90 31, 2309 90 33, 2309 90 41, 2309 90 43,2309 90 51 and 2309 90 53 containing less than 50 % by weight ofmilk products may be longer than is provided for in Article 7 (1) wherethe party concerned is in the process of concluding a contract warranting
a longer period. To that end, the party concerned shall submit to the
competent authority a written statement from an official body in thecountry of destination or an undertaking with its place of business in thatcountry. Such statements must indicate the projected quantity andquality of the products, the delivery period and the price terms. The
Member State shall immediately send the Commission a copy of the
statement for information.
2. In the cases set out in paragraph 1, the interested party shall lodge
with the competent authority an application for an export licenceaccompanied by an application for advance fixing of the export refundor export tax applicable on the day of submission of the application forthe intended destination, together with details of the minimum andmaximum quantities that he intends to export and of the minimum and1995R1162 — EN — 01.03.2001 — 005.001 — 9
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maximum time necessary to complete export as planned. However, the
minimum quantity may not be less than 75 000 tonnes in the case ofcommon wheat, durum wheat, rye, barley, maize, wheat flour, rye flour
and products falling within CN codes 2309 10 11, 2309 10 13,
2309 10 31, 2309 10 33, 2309 10 51, 2309 10 53, 2309 90 31,2309 90 33, 2309 90 41, 2309 90 43, 2309 90 51 and 2309 90 53containing less than 50 % by weight of milk products, and 15 000tonnes in the case of groats and meal of durum wheat and rice.
Notwithstanding Article 14 (2) of Regulation (EEC) No 3719/88, such
applications shall not be accompanied by securities.
For exports to an ACP country or to several countries within one of the
ACP country groups set out in Annex III, the minimum quantity laid
down in the first subparagraph shall be reduced to:
— 20 000 tonnes in the case of common wheat, durum wheat, rye,
barley, maize, rice, wheat flour, rye flour and products covered byCN codes 2309 10 11, 2309 10 13, 2309 10 31, 2309 10 33,2309 10 51, 2309 10 53, 2309 90 31, 2309 90 33, 2309 90 41,2309 90 43, 2309 90 51 and 2309 90 53 containing less than 50 %by weight of milk products, and
— 5 000 tonnes in the case of groats and meal of durum wheat and rice.
Applications relating to several countries within a group of ACP
countries must specify the name of each intended country of destination.
3. The Member State of the competent authority receiving applica-
tions shall examine them, in particular as to quantity, economicimplications of the planned exports and the practicality of execution and,
where it finds them admissible, shall notify the Commission, which shall
take a decision in accordance with the procedure laid down in Article 23of Regulation (EEC) No 1766/92 or Article 27 of Regulation (EEC) No1418/76. Where the Commission accepts an application, it shall inparticular set a time limit for presentation of the contract to thecompetent authority. The latter shall inform the applicant of the
Commission's decision.
4. Where the term of validity fixed for the licence is the same as that
applied for, the applicant shall, within the time limit set in accordancewith paragraph 3, submit to the competent authority a signed original of
the contract, together with a copy thereof. The contract shall specify at
least the quantity covered, which must fall within the minimum andmaximum quantities indicated in the licence application, the destination,the period within which export is to be carried out (which must fallwithin the minimum and maximum periods indicated), the price fixed
for the duration of the contract and the terms of payment. The licence
shall then be issued after the security provided for in Article 9 (1) ofRegulation (EEC) No 1766/92 or Article 10 (1) of Regulation (EEC) No1418/76 has been lodged.
The country (or countries within a single group) of destination shall be
shown in Section 7 and the licence shall carry with it an obligation toexport to that country or countries. However, up to 10 % of thequantities shown on the licence may be delivered under the contract toanother country indicated in Annex III as falling within the same group.
Where the applicant is unable to conclude such a contract, he shall so
inform the competent authority within the time limit set for submissionof the contract and the licence shall not be issued.
5. Except in cases of force majeure, where the applicant does not
comply with paragraph 4, no licence shall be issued.
6. Where the term of validity fixed is different from that applied for
but is longer than that laid down in Article 7, paragraphs 4 and 5 shall
apply. However, the applicant may, within the time limit set forsubmission of the contract, withdraw his application for a licence.
7. Where an application for an extension of the term of validity as
provided for in Article 7 is rejected, no licence shall be issued.
8. Licences issued under the conditions laid down in this Article shall
not be subject to the provisions of Article 7 (3).1995R1162 — EN — 01.03.2001 — 005.001 — 10
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Article 10
Securities for licences for products listed in Article 1 of Regulation
(EEC) No 1766/92 and Article 1 of Regulation (EEC) No 1418/76 shall
be at the following rates:
(a) EUR 1 per tonne in the case of import licences to which the fourth
indent of Article 10(4) of Regulation (EEC) No 1766/92 does notapply and of products covered by Council Regulation (EC) No 3072/95(
1) and EUR 5 per tonne in the case of export licences:
— for a product for which, on the day of submission of the
application, no export refund or duty has been fixed,
— for a product for which the export refund or duty is not fixed in
advance,
— issued pursuant to Article 7(3a) of this Regulation;
(b) in the case of import licences to which the fourth indent of
Article 10 (4) of Regulation (EEC) No 1766/92 does►
C1 ◄apply:
— ECU 15 tonne for products falling within CN codes 0709 90 60,
0712 90 19, 1001 10 00, 1001 90 91, 1001 90 99, 1002 00 00,1003 00, 1004, 1005 10 90, 1005 90 00, 1007 00 and 1008;
— ECU 5 per tonne for other products;
(c) ECU 30 per tonne for products listed in Article 1 of Regulation
(EEC) No 1418/76 in the case of export licences. For exports to
ACP countries under licences with special terms of validity, inaccordance with Article 9 of this Regulation the security shall beECU 12 per tonne;
(d) ECU 20 per tonne for products listed in Article 1 of Regulation
(EEC) No 1766/92 with the exception of products falling within CNcode 1107 in the case of export licences. For exports to ACPcountries under licences with special terms of validity, in accordancewith Article 9 of this Regulation the security shall be ECU 12 pertonne;
(e) ECU 15 per tonne for products falling within CN code 1107 in the
case of export licences. However, in the case of licences issued witha refund, in accordance with Article 7 (2) the security shall be:
— ECU 24 per tonne for licences issued from 1 January to 30 April,
— ECU 32 per tonne for licences issued from 1 July to 31
December.
Article 11
Where the term of validity of licences is extended pursuant to Article 37
of Regulation (EEC) No 3719/88, the corrective amount applicable shallbe that in force on the day the licence application was submitted forexport during the last month of the normal term of validity of the
licence.
In addition, the export refund shall be adjusted in accordance with
Article 12.
Article 11 a
The rate of refund applicable to national food-aid supplies shall be that
applying on the day on which the Member State opens the invitation totender for the supply in question.1995R1162 — EN — 01.03.2001 — 005.001 — 11
(1) OJ L 329, 30.12.1995, p. 18.▼M13
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Article 12
1. Refunds applicable pursuant to Article 13 (5) of Regulation (EEC)
No 1766/92 on products listed in Article 1 (1) (a) and (b) of thatRegulation with the exception of maize and grain sorghum shall be
adjusted, during the months of August to May of the same marketing
year, by an amount equal to the monthly increase applicable to theintervention price fixed for that marketing year.
In the case of maize and grain sorghum, the refunds shall be adjusted,
during the months of November of one marketing year to August of thefollowing marketing year, by an amount equal to the monthly increaseapplicable to the intervention prices fixed for the marketing yearconcerned.
The first adjustment shall be made on the first day of the calendar month
following that of application. Subsequent adjustments shall apply each
month.
In the case of the products listed in Article 1 (1) (a) and (b) of
Regulation (EEC) No 1766/92 with the exception of maize and grainsorghum, refunds adjusted in accordance with the first subparagraph andapplicable in May shall continue to apply in June. In the case of maizeand grain sorghum, refunds adjusted in accordance with the secondsubparagraph and applicable in August shall continue to apply in
September.
2. Where the term of validity of licences extends beyond the end of
the marketing year and export occurs in the following marketing year,refunds on products listed in Article 1(1)(a) and (b) of Regulation (EEC)No 1766/92, exclusive of any monthly increases referred to in paragraph1, with the exception of maize and grain sorghum shall be reduced bythe price break between the two marketing years. That price break shall
occur on 1 July and shall be defined as:
(a) the difference between the intervention prices, exclusive of any
monthly increase, for the previous and the new marketing years; plus
(b) an amount equal to the monthly increase, multiplied by the number
of months elapsing between August and the month of the licenceapplication, inclusive.
Where the price break is greater than the refund in question, the
corrected refund shall be reduced to zero.
Refunds reduced by the price break shall be increased as from August in
the new marketing year, in accordance with the rules set out in
paragraph 1, by the monthly increase applying to the new marketing
year.
2a. In the case of maize and grain sorghum, the rules on adjustment
set out in paragraph 2 shall apply mutatis mutandis , with the following
exceptions:
— the end of the marketing year shall be deemed to be 30 September,
— the abovementioned price break shall occur on 1 October instead of
1 July,
— the month of August shall be replaced by November,
— the monthly increases shall be those applicable to the marketing
years in question.
3. In the case of products listed in Article 1 (1) (c) and (d) of
Regulation (EEC) No 1766/92 and Article 1 (1) (c) of Regulation (EEC)
No 1418/76, the amount resulting from each of the adjustments
mentioned in paragraphs 1 and 2 shall be multiplied by the processingcoefficient applying to the product in question.
4. The amount of the refund applying in accordance with Article 14
ofRegulation(EEC)No1418/76fortheproductslistedinArticle1(1)(a)and (b) of that Regulation shall be adjusted in the months from Octoberto July inclusive by an amount equal to the monthly increase applying to1995R1162 — EN — 01.03.2001 — 005.001 — 12
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the intervention price for paddy rice fixed for that marketing year, based
on the processing stage and the applicable processing coefficient.
The first adjustment shall be made on the first day of the calendar month
following that in which the licence application is made. Subsequentadjustments shall apply each month.
5. Where the term of validity of the licence extends beyond the end
of the marketing year and export occurs in the following marketing year,
refunds, excluding the monthly increases referred to in paragraph 4,
shall be reduced by the break in the intervention price for paddy ricebetween the two marketing years, based on the processing stage and theapplicable processing coefficient.
This price break shall occur on 1 September and shall be defined as:
(a) the difference between the intervention price for paddy rice,
exclusive of any monthly increase for the previous and the new
marketing years,
However, as regards the transition from the 1995/96 marketing year
to the 1996/97 marketing year, the difference between theintervention buying-in prices provided for in Article 5 (2) ofRegulation (EEC) No 1418/76 for paddy rice without monthly
increases for the 1995/96 marketing year and the intervention price
for the 1996/97 marketing year shall apply.
(b) an amount equal to the monthly increase multiplied by the number
of months elapsing between October and the month of the licenceapplication, inclusive.
These two factors shall be converted using the relevant processing
coefficient applicable at the time the product is exported.
Where the price break is greater than the refund in question, the
corrected refund shall be reduced to zero.
Refunds shall be reduced by (a) and (b) above on the basis of the milling
stage and shall be increased from October of the new marketing year bythe monthly increase applying to the new marketing year, in accordancewith the rules set out in paragraph 4.
6. This Article shall not apply to licences issued for the purpose of a
food aid operation within the meaning of Article 10(4) of the Agreementon Agriculture concluded as part of the Uruguay Round of multilateraltrade negotiations, as referred to in Article 16 of Commission
Regulation (EC) No 1291/2000(
1).
Article 13
1. With regard to export licences, the Member States shall notify the
Commission:
(a) on each working day:
(i) —►M4of all applications for licences, or the absence of
applications for licences ◄
— of applications for licences as referred to in Article 44 of
Regulation (EEC) No 3719/88, submitted on the workingday preceding that of notification;1995R1162 — EN — 01.03.2001 — 005.001 — 13
(1) OJ L 152, 24.6.2000, p. 1.▼M9
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▼M6
▼M9
▼M6
▼M13
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▼B
(ii) — of the quantities covered by licences issued in respect of
applications for licences as referred to in Article 44 ofRegulation (EEC) No 3719/88;
Notifications of applications and quantities must specify:— the quantity by eleven-digit product code of the agricultural
product nomenclature for export refunds. Where licences areissued for more than one eleven-digit code, only the first code
shall be shown,
— the quantity by code broken down by destination where the
refund or export tax varies by destination.
(b) before the 15th day of each month in respect of the preceding
month:
(i) of the quantities for which licences for food aid have been
issued;
(ii) of the quantities covered by licences issued but not used, and of
the refund or the export tax by code;
(iii) of the quantities to which Article 7 (3) does not apply and for
which licences have been issued.
(c) once per marketing year and by 30 April at the latest, of the precise
quantities used under licences taking into account the toleranceprovided for in Article 8 (4) of Regulation (EEC) No 3719/88.
2. With regard to import licences issued, each day the Member States
shall forward the quantities covered by licences by product code and, inthe case of common wheat, by quality grade and by origin. The origin
shall also be indicated in import licences for rice.
Article 14
Regulation (EEC) No 891/89 is hereby repealed from 1 September 1995.
As regards products falling within Regulation (EEC) No 1766/92, and
import licences for products falling within Regulation (EEC) No 1418/
76, Regulation (EEC) No 891/89 shall cease to apply from 1 July 1995.
Regulation (EEC) No 891/89 shall continue to apply to the licences
issued:
— before 1 July 1995, for products falling within Regulation (EEC) No
1766/92 and to import licences for products covered by Regulation(EEC) No 1418/76,
— before 1 September 1995, for export licences for products falling
within Regulation (EEC) No 1418/76.
Article 15
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply:
— to licences issued from 1 July 1995 for products falling within
Regulation (EEC) No 1766/92 and to import licences for productsfalling within Regulation (EEC) No 1418/76,
— to export licences issued from 1 September 1995 for products falling
within Regulation (EEC) No 1418/76.
However, for licences issued before 1 July 1995, the adjustment of the
refund referred to in Article 13 (4) of Regulation (EEC) No 1766/92shall be calculated in accordance with the method referred to inArticle 12 (2) and (3) of this Regulation.1995R1162 — EN — 01.03.2001 — 005.001 — 14
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▼B
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1995R1162 — EN — 01.03.2001 — 005.001 — 15
▼B
ANNEX I
Periodofvalidityofimportlicences
A.Forcereals
CN code Description Term of validity
0709 90 60 Sweet corn, fresh or chilled/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C15045 days0712 90 19 Dried sweet corn, whole, cut, sliced, broken
or in powder, but not further prepared, other
than hybrid maize for sowing
1001 90 91 Common wheat and meslin seed
1001 90 99 Spelt, common wheat and meslin other than
for sowing
1002 00 00 Rye
1003 00 Barley
1004 00 Oats
1005 10 90 Maize other than hybrid seed
1005 90 00 Maize other than seed
1007 00 90 Grain sorghum other than hybrids for sowing
1008 Buckwheat, millet and canary seed; other
cereals
1001 10 Durum wheat1101 00 Wheat or meslin flour/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C15060 days1102 10 00 Rye flour
1103 11 Wheat groats and meal
1107 Malt, whether or not roasted
The products listed in Annex A to Regulation
(EEC) No 1766/92Until the end of the fourth month
following that of issue1995R1162 — EN — 01.03.2001 — 005.001 — 16
▼M3
▼B
B.Forrice
CN code Description Term of validity
1006 10 21 Rice in the husk (paddy rice)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Until the end of the second month
following that of issue1006 10 23
1006 10 25
1006 10 27
1006 10 92
1006 10 94
1006 10 96
1006 10 98
1006 20 Husked (cargo or brown) rice
1006 30 Semi-milled or wholly milled rice, whether
or not polished or glazed
1006 40 00 Broken rice Until the end of the third month
following that of issue
1102 30 00 Rice flour/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Until the end of the fourth month
following that of issue1103 14 00 Rice groats and meal
1103 29 50 Rice pellets
1104 19 91 Flacked rice
1108 19 10 Rice starch1995R1162 — EN — 01.03.2001 — 005.001 — 17
▼B
ANNEX II
Periodofvalidityofexportlicences
A.Forcereals
CN code Product description Period of validity
0709 90 60 Sweet corn, fresh or chilled/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Until the end of the fourth month
following that of issue0712 90 19 Dried sweet corn, whole, cut, sliced, broken
or in powder, but not further prepared, other
than hybrid maize for sowing
1001 90 91 Common wheat and meslin seed
1001 90 99 Spelt, common wheat and meslin other than
for sowing
1002 00 00 Rye
1003 00 Barley
1004 00 Oats
1005 10 90 Maize other than hybrid seed
1005 90 00 Maize other than seed
1007 00 90 Grain sorghum other than hybrids for sowing
1008 Buckwheat, millet and canary seed; other
cereals
1001 10 Durum wheat1101 00 Wheat or meslin flour
1102 10 00 Rye flour
1103 11 90 Common wheat and spelt groats and meal
The products listed in Annex A to Regulation
(EEC) No 1766/92
1103 11 10 Durum wheat groats and meal
1107 Malt, whether or not roasted
Products mentioned above exported with
licences containing the following indication
in box 20: ‘GATT licence — food aid’Until the end of the fourth month
following that of issue1995R1162 — EN — 01.03.2001 — 005.001 — 18
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▼B
B.Forrice
CN code Description Term of validity
1006 10 21 Rice in the husk (paddy rice)/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Until the end of the fourth month
following that of issue1006 10 23
1006 10 25
1006 10 27
1006 10 92
1006 10 94
1006 10 96
1006 10 98
1006 20 Husked (cargo or brown) rice
1006 30 Semi-milled or wholly milled rice, whether
or not polished or glazed
1006 40 00 Broken rice 30 days
1102 30 00 Rice flour/C148/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C149/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C147/C150Until the end of the fourth month
following that of issue1103 14 00 Rice groats and meal
1103 29 50 Rice pellets
1104 19 91 Flaked rice
1108 19 10 Rice starch
The abovementioned products exported under
licences in which Section 20 contains the
words ‘Licence under GATT — food aid’Until the end of the fourth month
following that of issue1995R1162 — EN — 01.03.2001 — 005.001 — 19
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ANNEX III
GroupsofACPsignatoriestotheLoméConvention
Group I Group II Group III Group IV Group V Group VI Group VII
Mauritania Chad Angola Sudan Seychelles Haiti Papua New
Guinea
Mali Central
African
RepublicZambia Djibouti Comoros Dominican
RepublicFiji
Niger Benin Malawi Ethiopia Mada-
gascarAntigua
and
BarbudaKiribati
Senegal Nigeria Mozam-
biqueSomalia Mauritius Bahamas Solomon
Islands
Burkina
FasoCameroon Namibia Uganda Barbados Samoa
Gambia Equatorial
GuineaBotswana Kenya Belize Tonga
Guinea-
BissauSão Tomé
and Prin-
cipeZimbabwe Tanzania Dominica Tuvalu
Guinea Gabon Lesotho Grenada Vanuatu
Cape Verde Congo Swaziland Jamaica
Sierra Leone Zaire Saint
Christo-
pher and
Nevis
Liberia Rwanda Saint-
Lucia
Côte
d'IvoireBurundi Saint
Vincent
and the
Grena-
dines
Ghana Trinidad
and
Tobago
Togo Guyana
Surinam1995R1162 — EN — 01.03.2001 — 005.001 — 20