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"B COMMISSION REGULATION (EC) No 1501/95
of 29 June 1995
laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the
granting of export refunds on cereals and the measures to be taken in the event of disturbance on the
market for cereals
(OJ L 147, 30.6.1995, p. 7)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 95/96 of 23 January 1996 L 18 10 24.1.1996
"M2 Commission Regulation (EC) No 2480/95 of 25 October 1995 L 256 9 26.10.19951995R1501 — EN — 29.10.1995 — 002.001 — 1
COMMISSION REGULATION (EC) No 1501/95
of 29 June 1995
laying down certain detailed rules for the application of Council
Regulation (EEC) No 1766/92 on the granting of export refunds oncereals and the measures to be taken in the event of disturbance on the
market for cereals
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) No3290/94 (
2), and in particular Articles 13 (11) and 16 (2) thereof,
Whereas the export refunds, corrective amounts and export taxes on products
covered by the common organization of the market in cereals must be fixed,as a special measure in the event of a disturbance on the market, in
accordance with certain criteria enabling the difference between the
quotations and prices for such products in the Community and those on theworld market to be covered;
Whereas, given the disparity in the prices at which cereals are offered by the
different exporting countries on the world market, account should be taken in
particular of the different internal forwarding costs and the refund should befixed bearing in mind the difference between the representative prices in theCommunity and the most favourable quotations and prices applying on the
world market;
Whereas, in order to make it possible to export flour, groats, meal and malt,
the factors to be taken into account when fixing the refund are, on the one
hand, the prices of the basic cereals, the quantities needed to manufacture the
products concerned and the value of the by-products and, on the other hand,the opportunities and conditions for the sale of the products on the worldmarket;
Whereas it is a requirement of the system of corrective amounts provided for
in the second subparagraph of Article 13 (8) of Regulation (EEC) No 1766/92that they be capable of differentiation according to the destination of theproducts to be exported;
Whereas, with a view to the efficient administration of Community funds and
to take account of the export possibilities for those products, provision shouldbe made for the export refunds and taxes on the products listed in Article 1 (a)
and (b) of Regulation (EEC) No 1766/92 to be fixed by invitation to tender
covering a given quantity;
Whereas, in order to ensure equal treatment for all interested parties within
the Community, invitations to tender must be organized in accordance with
uniform principles; whereas, to that end, decisions opening invitations to
tender should be published together with a notice of invitation to tender in theOfficial Journal of the European Communities ;
Whereas tenders must contain the data needed to assess them and must be
accompanied by certain formal undertakings;
Whereas a maximum export refund or minimum export tax should be fixed;
whereas that procedure ensures that all the quantities concerned are allocated;
Whereas situations may arise on the market in which the economic aspects of
the exports contemplated result in no further action being taken in respect oftenders received rather than in the fixing of an export refund or tax;
Whereas a tendering security should ensure that the quantities exported are so
exported pursuant to the licence issued under the invitation to tender; whereas
that obligation can be met only if tenders submitted are maintained; whereasthe security must accordingly be forfeited where tenders are withdrawn;!B
(1) OJ No L 181, 1. 7. 1992, p. 21.
(2) OJ No L 349, 31. 12. 1994, p. 105.1995R1501 — EN — 29.10.1995 — 002.001 — 2
Whereas detailed rules must be laid down to ensure that tenderers are notified
of the outcome of the invitation to tender and that the necessary licences areissued for the export of the quantities allocated;
Whereas, for the purposes of fixing export refunds on the products listed in
Article 1 (1) of Regulation (EEC) No 1766/92 and in order to avoid the need
to introduce checks to detect the slightest variations in quantities of the basic
materials and without any noticeable effect on the quality of the product, astandard method of assessment should be adopted; whereas the analysis of the
ash content of products manufactured has proved the most effective technical
means of assessing the quantity of basic cereals used; whereas the analysisshould be carried out following the same procedure throughout theCommunity;
Whereas granting export refunds on cereals imported from third countries and
re-exported to third countries does not appear justified; whereas refunds
should accordingly be granted on Community products only;
Whereas Commission Regulation (EEC) No 3665/87 of 27 November 1987
laying down common detailed rules for the application of the system of export
refunds on agricultural products (
1), as last amended by Regulation (EC) No
1384/95 (2), requires that, where refunds vary according to destination,
payment of the refund be made conditional in particular on presentation ofproof that the product has been imported in its unaltered state into the third
country or into one of the third countries for which the refund applies;
whereas, as regards cereals, the only refund lower than that applicable toexports to third countries as a whole is that on exports to Switzerland andLiechtenstein; whereas, in order to avoid obstructing most Community
exports by requiring proof of arrival at destination, other means must be found
to ensure that products on which a refund applying to all third countries hasbeen paid are not exported to the abovementioned countries; whereas, to that
end, the need to present proof of arrival should be waived in all cases where
export is effected by sea; whereas certificates drawn up by the competentauthorities of the Member States stating that the products have left thecustoms territory of the Community on board a vessel suitable for sea
transport are considered to provide a sufficient guarantee;
Whereas Article 16 of Regulation (EEC) No 1766/92 provides that
appropriate measures may be taken when the quotations or prices on theworld market for one or more of the products referred to in Article 1 of that
Regulation reach the level of Community prices, and when that situation is
likely to continue or deteriorate, thereby disturbing or threatening to disturbthe Community market; whereas to that end sufficient supplies of cerealsmust be ensured; whereas for that purpose export taxes may be levied and the
issuing of export licences totally or partly suspended;
Whereas, since the situation envisaged in Article 16 of Regulation (EEC) No
1766/92 may arise at relatively short notice, the Commission must be able tosuspend the issue of export licences at any time;
Whereas this Regulation incorporates, while adjusting them to current market
conditions, the provisions of Commission Regulation (EEC) No 1533/93 (
3),
as last amended by Regulation (EC) No 3304/94 (4); whereas that Regulation
should therefore be repealed;
Whereas the measures provided for in this Regulation are in accordance with
the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Export refunds, export taxes as provided for in Article 16 of this Regulation,
and corrective amounts as provided for in the second subparagraph of Article13 (8) of Regulation (EEC) No 1766/92, in the case of the products listed in
Article 1 (1) (a), (b) and (c) of that Regulation, shall be fixed in the light of
the following factors in particular:
(a) the prices charged on the representative Community markets and their
trends, and the quotations recorded on the markets of third countries;!B
(1) OJ No L 351, 14. 12. 1987, p. 1.
(2) OJ No L 134, 20. 6. 1995, p. 14.
(3) OJ No L 151, 23. 6. 1993, p. 15.
(4) OJ No L 341, 30. 12. 1994, p. 48.1995R1501 — EN — 29.10.1995 — 002.001 — 3
(b) the marketing costs and the most favourable costs of transport from the
representative Community markets to the port or other place of export,and the costs of forwarding on the world market;
(c) in the case of processed products, the quantity of cereals required for the
manufacture thereof;
(d) the prospects for and conditions governing the sale of the relevant
products on the world market;
(e) concern to avoid disturbance on the Community market;(f) the economic aspect of the exports contemplated;(g) the quantitative and budgetary limits arising from agreements concluded
in accordance with Article 228 of the Treaty.
Article 2
The provisions of the first subparagraph of Article 13 (8) of Regulation (EEC)
No 1766/92 shall apply to all the products referred to in Article 1 (1) (c) and(d) of that Regulation and to the products referred to in Article 1 thereof
exported in the form of goods as listed in Annex B thereto.
The provisions of the second subparagraph of Article 13 (8) of Regulation
(EEC) No 1766/92 shall apply to the products referred to in Article 1 (1) (c)thereof.
Article 3
Corrective amounts may vary according to destination.
Article 4
1. Export refunds on the products listed in Article 1 (1) (a) and (b) of
Regulation (EEC) No 1766/92 and the export taxes provided for in Article 15
of this Regulation may be fixed by invitation to tender.
The terms of invitations to tender must guarantee equality of access for all
persons established in the Community.
Such invitations to tender shall relate to the export refund or tax.2. Decisions to issue invitations to tender shall be taken in accordance with
the procedure laid down in Article 23 of Regulation (EEC) No 1766/92.
3. Decisions to issue invitations to tender shall be accompanied by the
publication of notices of invitation to tender drawn up by the Commissionsetting out in particular the dates on which tenders may be submitted and therelevant departments of the Member States to which they are to be sent.
4. Decisions to issue invitations to tender and notices of invitation to tender
shall be published in the Official Journal of the European Communities .
At least five days must elapse between the publication of the notice of
invitation to tender and the first date for the submission of tenders.
Article 5
1. Interested parties shall submit tenders in writing or by any means of
written telecommunication to the competent department of the Member State.
2. Tenders shall indicate:(a) the reference of the invitation to tender;(b) the name and address of the tenderer;(c) the type and quantity of product to be exported;(d) the export refund per tonne or, where applicable, the export tax per tonne,
expressed in ecus.
3. Tenders shall be valid only if:(a) proof is provided before the expiry of the time limit laid down for the
submission of tenders that the tenderer has lodged the tendering security;!B1995R1501 — EN — 29.10.1995 — 002.001 — 4
(b) they are accompanied by a written undertaking to submit, in respect of
quantities awarded and within two days of receipt of notification of awardpursuant to Article 7 (3), an application for advance fixing of an exportrefund or, where applicable, an application for advance fixing of an
export tax equal to the amount tendered;
(c) they do not include any conditions other than those provided for in the
notice of invitation to tender.
4. Tenders submitted may not be withdrawn.
Article 6
Tenders shall be opened by the competent departments of the Member States.
They shall not be opened in public. Persons authorized to be present at the
opening of the tenders shall be under an obligation of secrecy.
The Commission shall be notified forthwith of the tenders without the
tenderers being mentioned by name.
Article 7
1. On the basis of tenders notified, the Commission shall, in accordance
with the procedure provided for in Article 23 of Regulation (EEC) No
1766/92, decide to fix a maximum export refund or, where applicable, aminimum export tax or to take no further action in respect of the invitation totender.
2. Where a maximum export refund is fixed, the contract shall be awarded
to the tenderer or tenderers whose bids are equal to or lower than the
maximum refund.
Where a minimum export tax is fixed, the contract shall be awarded to the
tenderer or tenderers whose bids are equal to or higher than the minimum tax.
3. The competent departments of the Member States concerned shall notify
all tenderers in writing of the outcome of their tenders as soon as the
Commission has taken a decision.
Article 8
1. Export licences shall be issued to successful tenderers after their
applications for export licences have been received by the competentdepartments of the Member States and in respect of the quantities awarded tothem.
2. In the relevant section of the licence applications, and of the licences
themselves, shall be stated the destination specified in the regulation issuing
the invitation to tender. Licences shall entail the obligation to export to the
stated destination.
Article 9
Tendering securities shall be released:
(a) where tenders are not accepted;
(b) when the successful tenderer has provided proof that the security
provided for in Article 10 of Commission Regulation (EC) No
1162/95 (
1) has been submitted.
Where the undertaking provided for in Article 5 (3) (b) hereof is not fulfilled,
the tendering security shall be forfeited except in cases of force majeure.
Article 10
Export refunds on the products listed in Article 1 (1) (a), (b) and (c) of
Regulation (EEC) No 1766/92 shall be fixed at least once a month.!B
(1) OJ No L 117, 24. 5. 1995, p. 2.1995R1501 — EN — 29.10.1995 — 002.001 — 5
Article 11
1. The export refund on wheat flour, meslin flour and rye flour, wheat
groats, wheat meal and malt shall be fixed taking account of the quality of the
basic cereal necessary to manufacture 1 000 kg of the product in question.
"M2The processing coefficients expressing the relationship between the
quantity of the basic product and the quantity of that product contained in theprocessed product shall be as set out in Annex I.
3
2. The ash content of the flour shall be determined using the method of
analysis defined in Annex II.
Article 12
Refunds on the products listed in Article 1 (1) (a), (b) and (c) of Regulation
(EEC) No 1766/92 shall be paid once proof has been provided that the
products are of Community origin.
Article 13
Notwithstanding Article 18 of Regulation (EEC) No 3665/87, proof of
completion of customs formalities for release for consumption shall not berequired for payment of refunds fixed by invitation to tender, on condition that
the operator provides proof that a quantity of at least 1 500 tonnes of cereal
product has left the customs territory of the Community on board a vesselsuitable for sea transport.
Such proof shall be provided by the following endorsement certified by the
competent authority on the control copy referred to in Article 6 of Regulation
(EEC) No 3665/87, on the single administrative document or on the national
document proving that the goods have left the Community customs territory:
‘Exportación de cereales por vía marítima; artículo 13 del Reglamento (CE)
n
o1501/95’
‘Eksport af korn ad søvejen — Artikel 13 i forordning (EF) nr. 1501/95’‘Ausfuhr von Getreide auf dem Seeweg — Verordnung (EG) Nr. 1501/95
Artikel 13’
‘Ε/ksiαγωγή σιτηρών δια θαλάσσης — Άρθρ/omikron 13 τ/omikronυ καν/omikronνισµ/omikronύ (ΕΚ)
αριθ. 1501/95»
/gravegreekExport of cereals by sea — Article 13 of Regulation (EC) No 1501/95’
‘Exportation de céréales par voie maritime — Règlement (CE) n
o1501/95,
article 13’
‘Esportazione di cereali per via marittima — Regolamento (CE) n. 1501/95,
articolo 13’
‘Uitvoer van graan over zee — Verordening (EG) nr. 1501/95, artikel 13’‘Exportação de cereais por via marítima — Artigo 13º, Regulamento (CE) nº
1501/95’
‘Viljan vienti meriteitse — Asetus (EY) N:o 1501/95 13 artikla’‘Export av spannmål sjövägen — Artikel 13 i förordning (EG) nr 1501/95’.
Article 14
Where the operator provides proof of completion of customs formalities for
release for consumption in Switzerland or Liechtenstein, the amount of the
export refund for exports to ‘all third countries’ fixed under an invitation totender shall be reduced by the difference between that amount and the amount
of the export refund in force for the abovementioned destinations on the day
the contract is awarded.
Article 15
Where the conditions laid down in Article 16 of Regulation (EEC) No
1766/92 are met in respect of one or more products, the following measuresmay be taken:
(a) an export tax may be applied. A corrective amount may be fixed. Such
taxes and corrective amounts may vary according to destination;
(b) the issuing of export licences may be totally or partly suspended;!B1995R1501 — EN — 29.10.1995 — 002.001 — 6
(c) the export licence applications pending may be rejected in whole or in
part.
However, no tax shall be applied to exports of cereals or cereal products
carried out to implement Community and national food aid measures providedfor under international agreements or other supplementary programmes, or to
implement other Community free supply measures.
Article 16
Where there is no invitation to tender, the export tax to be collected shall be
that applicable on the day on which customs formalities are completed.
However, export taxes applicable on the day of submission of licence
applications shall apply, at the request of the party concerned lodged at the
same time as the licence application, to exports to be effected during the term
of validity of the licence.
Article 17
In emergencies the Commission may apply the measures referred to in Article
15 (b). It shall notify the Member States of its decision and shall publish it intheOfficial Journal of the European Communities .
Article 18
Regulation (EEC) No 1533/93 is hereby repealed. However, it shall continue
to apply to licences issued before 1 July 1995.
Article 19
This Regulation shall enter into force on 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B
!M1
!B1995R1501 — EN — 29.10.1995 — 002.001 — 7
ANNEX I
CN codeAsh content (expressed
in mg) per 100 g of
flour, groats and meal"M2Processing coef-
ficients indicating the
number of kg of cereals
per 1 000 kg of products
in question. 3
1. Flour of common wheat, spelt or meslin 1101 00 15 100 0 to 600 1 370
1101 00 15 130 601 to 900 1 2801101 00 15 150 901 to 1 100 1 1801101 00 15 170 1 101 to 1 650 1 090
1101 00 15 180 1 651 to 1 900 1 020
2. Rye flour 1102 10 00 500 0 to 1 400 1 370
1102 10 00 700 1 401 to 2 000 1 080
3. Common wheat groats and meal 1103 11 90 200 0 to 600 1 370
4. Durum wheat groats and meal 1103 11 10 200 0 to 1 300
(sieve with mesh
0,160 mm)1 500
1103 11 10 400 0 to 1 300 1 340
1103 11 10 900 over 1 300 1 260
5. Malt, not roasted 1107 10 19 1 300
1107 10 99
Malt, roasted 1107 20 00 1 520!
B1995R1501 — EN — 29.10.1995 — 002.001 — 8
ANNEX II
Method of determining the ash content of flour
Apparatus
1. Laboratory scales sensitive to 0,1 mg, box of corresponding weights.
2. Electric muffle kiln, with adequate draught and a temperature gauge and
regulator.
3. Round, flat-bottomed incineration dishes (about 5 cm in diameter, maximum
height 2 cm); preferably of gold and platinum alloy or of quartz or porcelain.
4. Desiccator (with an internal diameter of about 18 cm) fitted with a neck and a
perforated plate, in porcelain or aluminium.
Dehydration agent: calcium chloride, phosphorous pentoxide or silica gel
coloured blue.
Method
1. The weight of the test sample should be between 5 and 6 g. When it is flour of
which the ash content referred to dry matter is likely to be over 1 %, the weightof the test sample should be between 2 and 3 g. The weight of the test samplemay be rounded up to the nearest 10 mg; all other quantities are weighed to the
nearest 0,1 mg.
2. Immediately before use the dishes must be heated in the muffle kiln at
incineration temperature to constant weight; a period of 15 minutes is usually
sufficient.
The dishes are then cooled in the desiccator to laboratory temperature under the
conditions indicated in paragraph 7.
3. Place the test sample in the dish and spread it out in an even layer, without
heaping. Immediately before incineration damp the test sample with 1 to 2 ml ofethyl alcohol.
4. Place the dishes in the mouth of the kiln, leaving the door open. When the
substance has ceased to flame, push the dishes into the kiln. When the kiln door
has been closed, an adequate draught must be maintained, but not so strong as toblow the substance out of the dishes.
5. Incineration must result in the total combustion of the flour, including any sooty
particles among the ashes. It will be considered completed when the residue isalmost white after cooling.
6. The incineration temperature must reach 900° C.
7. When incineration is completed, remove the dishes from the kiln and place them
on a sheet of eternit for about one minute to cool, then put them in the
desiccator (not more than four dishes at a time). The closed desiccator is placed
near the analysis scales. Weigh the dishes when they are completely cold (aboutone hour).
Results
1. Margin of error: if the ash content does not exceed 1 %, the results of a double
test should not differ by more than 0,02 units of ash content; if the ash contentexceeds 1 %, the difference should not exceed 2 % of the ash content. If thedifference exceeds these limits the test must be repeated.
2. The ash content must be expressed per 100 parts of dry matter and rounded up
to 0,01.!
B1995R1501 — EN — 29.10.1995 — 002.001 — 9