1998R0444 — EN — 27.02.1998 — 000.002

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amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice

Amended by:

Corrected by:

▼B

COMMISSION REGULATION (EC) No 444/98

of 25 February 1998

amending Regulation (EC) No 1162/95 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 Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals ( 1 ), as last amended by Commission Regulation (EC) No 923/96 ( 2 ), and in particular Articles 9(2) and 13(11) thereof,

Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice ( 3 ), as amended by Regulation (EC) No 192/98 ( 4 ), and in particular Articles 9(2) and 13(15) thereof,

Having regard to Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance-fixing certificates for agricultural products ( 5 ), as last amended by Regulation (EC) No 1404/97 ( 6 ),

Whereas Article 7(1) of 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 ( 7 ), as last amended by Regulation (EC) No 932/97 ( 8 ), fixes the period of validity of export licences inter alia for products falling within CN codes 1702 30, 1702 40, 1702 90 and 2106 90; whereas licences are valid until the end of the fourth month following their issue; whereas the period of validity is fixed in accordance with market needs and the requirements of efficent management;

Whereas, given the special situation on the market for certain products processed from cereals at the end of the marketing year, rules should be laid down for the issue of licences between the old and the new marketing years so as not to commit large quantities during the period prior to the new potato and maize harvests; whereas, in order to ensure sound management of the market, it should be laid down that customs export formalities for certain export licences for certain products processed from cereals at the end of the marketing year must be completed by 30 June, either for direct export or for export under the arrangements laid down by Articles 4 and 5 of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products ( 9 ), as amended by Regulation (EEC) No 2026/83 ( 10 ); whereas that restriction derogates from Articles 27(5) and 28(5) of Commission Regulation (EEC) No 3665/87 ( 11 ), as last amended by Regulation (EC) No 2114/97 ( 12 ); whereas the period of validity of licences during the final days of a marketing year and the first months of a new marketing year should similarly be restricted by providing for a period of validity of 30 days from the date of issue;

Whereas Article 13a of Regulation (EEC) No 3719/88 provides for the possibility of issuing licences for several products falling within the same product category provided that such a category has been established; whereas Article 4(1) and (2) of Regulation (EC) No 1162/95 provides for the issue of licences for two or more contiguous 12-digit subdivisions for certain products; whereas the Article 4 concerned should be clarified in the light of the horizontal provisions of Regulation (EEC) No 3719/88, as amended by Regulation (EC) No 1199/95 ( 13 ), by defining the categories of products referred to in Article 13a for which an identical refund is paid;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION: