1162/95 - - - I
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
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
(OJ No L 117, 24. 5. 1995, p. 2)
Amended by:
Official Journal
No page date
Commission Regulation (EC) No 1517/95 of 29 June 1995 L 147 51 30. 6. 1995
Commission Regulation (EC) No 1518/95 of 29 June 1995 L 147 55 30. 6. 1995Commission Regulation (EC) No 1617/95 of 4 July 1995 L 154 5 5. 7. 1995Commission Regulation (EC) No 1861/95 of 27 July 1995 L 177 86 28. 7. 1995Commission Regulation (EC) No 2147/95 of 8 September 1995 L 215 4 9. 9. 1995Commission Regulation (EC) No 2917/95 of 18 December 1995 L 305 53 19. 12. 1995Commission Regulation (EC) No 285/96 of 14 February 1996 L 37 18 15. 2. 1996Commission Regulation (EC) No 1029/96 of 7 June 1996 L 137 1 8. 6. 1996Commission Regulation (EC) No 1527/96 of 30 July 1996 L 190 23 31. 7. 1996Commission Regulation (EC) No 932/97 of 26 May 1997 L 135 2 27. 5. 1997Commission Regulation (EC) No 444/98 of 25 February 1998 L 56 12 26. 2. 1998
Corrected
by:
C1 Corrigendum, OJ No L 133, 17. 6. 1995, p. 51 (1162/95)
C2 Corrigendum, OJ L 135 8. 5. 1998, p. 47 (444/98)
1162/95 - - - I
ICOMMISSION 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 T reaty establishing the EuropeanCommunity,
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 Acces-
sion 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 agree-
ments concluded under the Uruguay Round of multilateral
trade negotiations should be introduced;
Whereas, in view of the practices specific to trade in cer-
eals 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 de-
tailed 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);
(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.
1162/95 - - - I
IIWhereas, 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 com-
pound feedingstuffs and of advance fixing of export taxes;
Whereas the terms of validity of import and export li-
cences for the various products should be fixed in accord-
ance with market requirements and the need for sound
management; whereas, in view of competition on the world
market, a specially lengthy term of validity should be
granted for malt exports, expiring, however, on 30 Sep-
tember 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 pro-
cessed cereal products;
Whereas certain provisions of Article 44 of Regulation
(EEC) No 3719/88 concerning applications for export li-
cences 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 com-
mercial 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 rela-
tively 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 li-
cences, preferential treatment being granted in respect of
deliveries to ACP countries;
1162/95 - - - I
IIIWhereas the applicable export refunds should be specified
in cases where the terms of validity of licences are ex-
tended 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:
1162/95 - - - I
1Article 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 (8),
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 Ar-
ticle 8 (2) of Regulation (EEC) No 2131/93 shall show the
relevant destination in Section 7. The holders of the li-
cences 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 shallbe entered in letters and figures in Section 22 of the li-
cences. This rate shall be expressed in ecus and shall be
preceded by one of the following:
— T i p od el ar e s t i t u c i ó nd eb a s eal ae x p o r t a c i ó na d j u d i -
cado
— Tilslagssats for basiseksportrestitutionen
— Zugeschlagener Satz der Grundausfuhrerstattung
—Ποσοστό της κατακυρωθείσας επιστρο Ôής βάσεως
κατά την εξαγωγή
— T endered rate of basic export refund
— T aux de la restitution de base à l’exportation adjugé
— T asso della restituzione di base all’esportazione ag-
giudicato
— Gegunde basisrestitutie bij uitvoer
— T axa de restituição de base à exportação adjudicada
— T arjouskilpailutetun perusvientituen määrä
— Anbudssats för exportbidrag.
(8) OJ No L 191, 31. 7. 1993, p. 76.1162/95
1162/95 - - - I
22. 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 Ôόρου κατά την εξαγωγή
— T endered rate of export tax
— T aux de la taxe à l’exportation adjugé
— Aliquota della tassa all’esportazione aggiudicata
— Gegunde belasting bij uitvoer
— T axa de exportação adjudicada
— T arjouskilpailutetusta 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 and 1103 13, applications for export
licences may indicate products falling within two contigu-ous 12-digit subdivisions of the abovementioned subhead-
ings.
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 9300
category 2: 1108 12 00 9200, 1108 12 00
9300
category 3: 1108 13 00 9200, 1108 13 00 9300
category 4: 1108 19 10 9200, 1108 19 10 9300
category 5: 1702 30 51 9000, 1702 30 91 9000,
1702 90 50 9100
category 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 ap-
pear on the export licences.
2. Notwithstanding Article 13a of Regulation (EEC) No3719/88, 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 less than 50 % by weight of
milk products, export licence applications shall show:1162/95
444/98
C2, OJ L 135, 8. 5. 1998, p. 47
1517/95
1162/95 - - - I
3— in Section 15, the description of the product and its
eight-digit code; in the case of products falling within
two or more adjacent subdivisions, the exporter may
show the 12-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 feed-
ingstuffs which must be exported,
— in Section 20, the content in cereal products to be in-
corporated in the compound feedingstuff if this is
known, a distinction being made between maize and
other cereals; otherwise, if use is made of the provision
referred to above of annotating Section 15, the bracket
showing the quantities of maize and other cereals in-
corporated.
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)a n do f
Article 17 (10) of Regulation (EEC) No 1418/76, Sec-tion 22 of export licences shall show one of the following:
— Gravamen a la exportación no aplicable
— Eksportafgift ikke anvendelig
— Ausfuhrabgabe nicht anwendbar
—Μη εÔαρμοζόμενος Ôόρος κατά την εξαγωγή
— Export tax not applicable
— T axe à l’exportation non applicable
— T assa all’esportazione non applicabile
— Uitvoerbelasting niet van toepassing
— T axa de exportação não aplicável
— Vientimaksua ei sovelleta
— Exportavgift icke tillämplig.
Article 6
1. Import licences for products listed in Article 1 of Re-
gulation (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 in
Annex I to this Regulation.
(1) OJ No L 147, 30. 6. 1995, p. 7.1517/95
444/98444/98
285/96
1162/95
1162/95 - - - I
42. Where a special term of validity is laid down for im-
port licences for imports originating in and coming from
certain third countries, Section 7 and 8 of licence applica-
tions and of the licences themselves shall 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 Re-
gulation (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 in
Annex II to this Regulation.
1a. However, notwithstanding paragraph 1, the validity ofexport licences for products falling within CN codes
1702 30, 1702 40, 1702 90 and 2106 90 for which applica-
tions are submitted up until 25 June of each marketing
year shall expire on 30 June. For applications submitted
from 26 June of a marketing year until 30 September of
the following marketing year, export licences for the abo-
vementioned products shall be valid for 30 days from theirdate of issue within the meaning of Article 21(1) of Re-
gulation (EEC) No 3719/88.
Customs export formalities for the abovementioned li-
cences 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 30 September of
the following marketing year, customs export formalities
must 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 prod-
ucts placed under the arrangements laid down by Regula-
tion (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 bis
del artículo 7 del Reglamento (CE) n
o1162/95
— 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 7
παράγρα Ôος1α 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) no1162/951162/95
444/98
1162/95 - - - I
5— Limitazione prevista all’articolo 7, paragrafo 1 bis, del
regolamento (CE) n. 1162/95
— Beperking als bepaald in artikel 7, lid 1 bis, van Ver-
ordening (EG) nr. 1162/95
— Limitação estabelecida no nº 1A do artigo 7º do Regu-
lamento (CE) nº 1162/95
— 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 theoperator, export licences for products falling within CN
codes 1107 10 19, 1107 10 99 and 1107 20 00 shall be valid
from the date of their issue pursuant to Article 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 re-
ferred to in this paragraph shall not be transferable.
2a. In cases where no refund or export tax have beenfixed, export licences for the products referred to in Ar-
ticle 1 of Regulation (EEC) No 1766/92 and Article 1 of
Regulation (EEC) No 1418/76 shall be valid 30 days 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 Ar-
ticle 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 as listed in Regula-
tion (EEC) No 1766/92 shall be issued on the third work-
ing day after applications are lodged, provided that no
special measures are taken in the meanwhile.444/98
2147/95
1029/96
2147/95
1162/95 - - - I
6The Commission may decide not to grant applications.
The first subparagraph shall not apply to licences issued
under tendering procedures.
4. Where this paragraph is specifically referred to whenan 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 ac-
companied by a copy of a contract. The contract must
come from an official body in the country of destination or
an undertaking with its place of business in that country
and must indicate a quantity covered by, and a delivery
period not extending beyond, the term of validity of the
licence. No export licences may have been issued previous-
ly for the contract under this Article. The Member State
concerned shall verify that licence applications comply with
the conditions laid down in this paragraph and shall notifythe Commission on the day they are lodged of the quantity
covered by licences which are admissible. The correspon-
ding 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 re-
gulation fixing the refund or tax in question, the Commis-
sion may fix a uniform percentage reduction in the quan-
tities within two working days of submission of the
applications. Licence applications may be withdrawn within
two working days of the date of publication of the percen-
tage reduction.
Notwithstanding Article 9 of Regulation (EEC) No
3719/88, rights deriving from licences shall not be transfer-
able.
In the case of non-performance of the contract by the im-
porting purchaser, the operator may export to a different
country of destination but only against the export refund
or export tax in force on the day on which applications for
export licences to ‘other third countries’ were originally
lodged. Where no export refund or export tax exists for
‘other third countries’ on the date of the original licence
application, an ad hoc solution may be adopted, in accord-
ance with the procedure laid down in Article 23 of Regula-
tion (EEC) No 1766/92.2147/95
1029/96
1162/95 - - - I
7Article 8
1. Where export is effected pursuant to an invitation to
tender opened in an importing third country, export li-
cences 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 of milk products shall be 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
a r i s i n gf r o mt h ea w a r da r et ob ef u l f i l l e d .
2. The term of validity of the licence may not exceed
four months following the month of issue pursuant to Ar-
ticle 21 (1) of Regulation (EEC) No 3719/88.
3. Notwithstanding the third subparagraph of Ar-
ticle 44 (3) of Regulation (EEC) No 3719/88, licence ap-
plications may not be lodged more than four working days
before the closing date for the submission of tenders speci-
fied 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 of tenders and the notification given to
the issuing agency by the applicant concerning the out-
come of the invitation to tender as provided for in Article
44 (5) (a) to (d) of that Regulation shall be six working
days.1162/95
1162/95 - - - I
8Article 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 of milk
products may be longer than is provided for in Ar-
ticle 7 (1) where the party concerned is in the process of
concluding a contract warranting a longer period. T o that
end, the party concerned shall submit to the competent
authority a written statement from an official body in the
country of destination or an undertaking with its place of
business in that country. Such statements must indicate the
projected quantity and quality of the products, the delivery
period and the price terms. The Member State shall im-mediately 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 applica-
tion for an export licence accompanied by an application
for advance fixing of the export refund or export tax appli-
cable on the day of submission of the application for the
intended destination, together with details of the minimum
and maximum quantities that he intends to export and of
the minimum and maximum time necessary to complete
export as planned. However, the minimum quantity may
not be less than 75 000 tonnes in the case of common
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 53 containing less than 50 % by weight of
milk products, and 15 000 tonnes in the case of groats and
meal of durum wheat and rice. Notwithstanding Ar-
ticle 14 (2) of Regulation (EEC) No 3719/88, such applica-
tions shall not be accompanied by securities.
F o re x p o r t st oa nA C Pc o u n t r yo rt os e v e r a lc o u n t r i e s
within one of the ACP country groups set out in Annex
III, the minimum quantity laid down in the first subpara-
graph 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 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 of milk products, and1162/95
1162/95 - - - I
9— 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 receiv-
ing applications shall examine them, in particular as to
quantity, economic implications of the planned exports and
the practicality of execution and, where it finds them ad-
missible, shall notify the Commission, which shall take a
decision in accordance with the procedure laid down in Ar-
ticle 23 of Regulation (EEC) No 1766/92 or Article 27 of
Regulation (EEC) No 1418/76. Where the Commission ac-
cepts an application, it shall in particular set a time limit
for presentation of the contract to the competent author-
ity. The latter shall inform the applicant of the Commis-
sion’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 accordance with 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 mini-
mum and maximum quantities indicated in the licence ap-
plication, the destination, the period within which export is
to be carried out (which must fall within the minimum and
maximum periods indicated), the price fixed for the dur-
ation of the contract and the terms of payment. The li-
cence shall then be issued after the security provided for in
Article 9 (1) of Regulation (EEC) No 1766/92 or Ar-
ticle 10 (1) of Regulation (EEC) No 1418/76 has been
lodged.
The country (or countries within a single group) of des-
tination shall be shown in Section 7 and the licence shall
carry with it an obligation to export to that country or
countries. However, up to 10 % of the quantities shown on
the licence may be delivered under the contract to another
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 submission of 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 is-
sued.1162/95
1162/95 - - - I
106. 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 for submission of the con-
tract, 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 Ar-
ticle 7 (3).
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) ECU 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 not apply and of products
covered by Council Regulation (EC) No 3072/95 (1)
and ECU 5 per tonne in the case of export licences for
which no refund or export tax is fixed on the day the
application is submitted or in the case of export li-cences without advance fixing of the export tax or re-
fund;
(b) in the case of import licences to which the fourth in-
dent of Article 10 (4) of Regulation (EEC) No 1766/92
does not 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, in accordance with Ar-
ticle 9 of this Regulation the security shall be ECU 12
per tonne;
(1) OJ No L 329, 30. 12. 1995, p. 18.1162/95
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1162/95 - - - I
11(d) ECU 20 per tonne for products listed in Article 1 of
Regulation (EEC) No 1766/92 with the exception of
products falling within CN code 1107 in the case of
export licences. For exports to ACP countries under
licences with special terms of validity, in accordance
with Article 9 of this Regulation the security shall be
ECU 12 per tonne;
(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 with a refund, in accordance
with Article 7 (2) the security shall be:
— E C U 2 4p e rt o n n ef o rl i c e n c e si s s u e df r o m1J a n -
uary to 30 April,
— E C U 3 2p e rt o n n ef o rl i c e n c e si s s u e df r o m1J u l y
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 c orrect-
ive amount applicable shall be that in force on the day the
licence application was submitted for export during the last
month of the normal term of validity of the licence.
In addition, the export refund shall be adjusted in accord-
ance with Article 12.
Article 12
1. Refunds applicable pursuant to Article 13 (5) of Re-
gulation (EEC) No 1766/92 on products listed in Ar-
ticle 1 (1) (a) and (b) of that Regulation 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 the
intervention 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 the following marketing year,
by an amount equal to the monthly increase applicable to
the intervention prices fixed for the marketing year con-
cerned.
The first adjustment shall be made on the first day of the
calendar month following that of application. Subsequent
adjustments shall apply each month.1162/95
1162/95 - - - I
12In 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 grain sorghum, refunds adjusted in accordance
with the first subparagraph and applicable in May shall
continue to apply in June. In the case of maize and grain
sorghum, refunds adjusted in accordance with the second
subparagraph 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, refunds on products listed
in Article 1 (1) (a) and (b) of Regulation (EEC) No
1766/92 with the exception of maize and grain sorghum
shall be reduced by the 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, exclus-
ive of any monthly increase, for the previous and thenew 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 licence application, inclusive.
Refunds corrected 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.
In the case of maize and grain sorghum, the rules on ad-
justment set out in the first and second sub-paragraphs
shall apply mutatis mutandis, with the following exceptions:
— the abovementioned price break shall occur on 1 Oc-
tober instead of 1 July,
— for the purposes of this paragraph, the month of Au-
gust shall be replaced by November,
— the monthly increases shall be those applying in the
marketing year concerned.
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 processing coefficient ap-
plying to the product in question.1162/95
1162/95 - - - I
134. The amount of the refund applying in accordance
with Article 14 of Regulation (EEC) No 1418/76 for the
products listed in Article 1 (1) (a) and (b) of that Regula-
tion shall be adjusted in the months from October to July
inclusive by an amount equal to the monthly increase ap-
plying to 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 thecalendar month following that in which the licence applica-
tion is made. Subsequent adjustments shall apply each
month.
5. Where the term of validity of the licence extends be-yond the end of the marketing year, refunds shall be re-
duced by the break in the intervention price for paddy rice
between the two marketing years, based on the processing
stage and the applicable 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 1995/96marketing year to the 1996/97 marketing year, the dif-
ference between the intervention buying-in prices pro-
vided for in Article 5 (2) of Regulation (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 licence application, inclusive.
These two factors shall be converted using the relevant
processing coefficient applicable at the time the product is
exported.
Refunds shall be reduced by (a) and (b) above on the
basis of the milling stage and shall be increased from Oc-
tober of the new marketing year by the monthly increase
applying to the new marketing year, in accordance with the
rules set out in paragraph 4.2917/95
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1162/95 - - - I
14Article 13
1. With regard to export licences, the Member States
shall notify the Commission:
(a) on each working day:
(i) — of 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 working day preceding that
of notification;
(ii) — of the quantities covered by licences issued in
respect of applications for licences as referred
to in Article 44 of Regulation (EEC) No
3719/88;
Notifications of applications and quantities must speci-
fy:
— the quantity by eleven-digit product code of the
agricultural product nomenclature for export re-
funds. Where licences are issued 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 destina-
tion.
(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 tolerance provided for in Article 8 (4)
of Regulation (EEC) No 3719/88.1162/95
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1029/96
1162/95
1029/96
1162/95
1162/95 - - - I
152. With regard to import licences issued, each day the
Member States shall forward the quantities covered by li-
cences by product code and, in the 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 Regula-
tion (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 prod-
ucts falling within Regulation (EEC) No 1418/76.
Article 15
This Regulation shall enter into force on the third day fol-
lowing its publication in the Official Journal of the Euro-
pean 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 products falling 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 ad-
justment of the refund referred to in Article 13 (4) of Re-
gulation (EEC) No 1766/92 shall be calculated in accord-
ance with the method referred to in Article 12 (2) and (3)
of this Regulation.1527/96
1162/95
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16ANNEX I
Period of validity of import licences
A.For cereals
CN code Description Ter m o f v al i d i ty
0709 90 60 Sweet corn, fresh or chilled 
 0712 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
45 days
1004 00 Oats

45days
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 wheat

1101 00 Wheat or meslin flour 

1102 10 00 Rye flour

60days
1103 11 Wheat groats and meal

60days
1107 Malt, whether or not roasted

The products listed in Annex A to
Regulation (EEC) No 1766/92Until the end of the fourth monthfollowing that of issue1162 /95
1617 /95
1162/95 - - - I
17B.For rice
NC code Description Ter m o f v al i d i ty
1006 10 21 Rice in the husk (paddy rice) 
 1006 10 23

1006 10 25

1006 10 27

1006 10 92

Untiltheendofthesecondmonth
1006 10 94
Untilthee n dofthes e c o n dmont h
following that of issue
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 monthfollowing that of issue
1102 30 00 Farine de riz

1103 14 00 Rice groats and meal

1103 29 50 Rice pellets

Until the end of the fourth month
following that of issue
1104 19 91 Flocons de riz
followingthatofissue
1108 19 10 Rice starch
1162 /95
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18ANNEX II
Period of validity of export licences
A.For cereals
CN code Product description Period of validity
0709 90 60 Sweet corn, fresh or chilled 
 0712 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

Until the end of the fourth month
1007 00 90 Grain sorghum other than hybrids for
sowing

Untiltheendofthefourthmonth
following that of issue
1008 Buckwheat, millet and canary seed; other
cereals


1001 10 Durum wheat

1101 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 toRegulation (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 indicationin box 20: ‘GATT licence —food aid’Until the end of the fourth month
following that of issue1162 /95
2147 /95
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19B.For rice
CN code Description Ter m o f v al i d i ty
1006 10 21 Rice in the husk (paddy rice) 
 1006 10 23

1006 10 25

1006 10 27

1006 10 92

Untiltheendofthefourthmonth
1006 10 94
Untilthee n dofthefourthmont h
following that of issue
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 
1103 14 00 Rice groats and meal

1103 29 50 Rice pellets

Until the end of the fourth month
following that of issue
1104 19 91 Flaked rice
followingthatofissue
1108 19 10 Rice starch

The abovementioned products exported
under licences in which Section 20 containsthe words ‘Licence under GATT —food aid’Until the end of the fourth month
following that of issue1162 /95
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20ANNEX III
Groups of ACP signatories to the Lomé Convention
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
AfricanRepublicZambia Djibouti Comoros DominicanRepublic Fiji
Niger Benin Malawi Ethiopia Madagascar Antigua andBarbuda Kiribati
Senegal Nigeria Mozambique Somalia Mauritius Bahamas SolomonIslands
Burkina Faso Cameroon Namibia Uganda Barbados Samoa
Gambia Equatorial
GuineaBotswana Kenya Belize To n g a
Guinea -
BissauSão T omé and
PrincipeZimbabwe Ta n za n i a Dominica Tuvalu
Guinea Gabon Lesotho Grenada Vanuat u
Cape Verde Congo Swaziland Jamaica
Sierra Leone Zaire SaintChristopherand Nevis
Liberia Rwanda Saint-Lucia
Côte d’Ivoire Burundi Saint Vincent
and theGrenadines
Ghana Trinidad andTo b a g o
To g o Guyana
Surinam1162 /95