This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"BCOMMISSION 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 L 117, 24.5.1995, p. 2)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 1517/95 of 29 June 1995 L 147 51 30.6.1995
"M2 Commission Regulation (EC) No 1518/95 of 29 June 1995 L 147 55 30.6.1995
"M3 Commission Regulation (EC) No 1617/95 of 4 July 1995 L 154 5 5.7.1995
"M4 Commission Regulation (EC) No 1861/95 of 27 July 1995 L 177 86 28.7.1995
"M5 Commission Regulation (EC) No 2147/95 of 8 September 1995 L 215 4 9.9.1995
"M6 Commission Regulation (EC) No 2917/95 of 18 December 1995 L 305 53 19.12.1995
"M7 Commission Regulation (EC) No 285/96 of 14 February 1996 L 37 18 15.2.1996
"M8 Commission Regulation (EC) No 1029/96 of 7 June 1996 L 137 1 8.6.1996
"M9 Commission Regulation (EC) No 1527/96 of 30 July 1996 L 190 23 31.7.1996
"M10 Commission Regulation (EC) No 932/97 of 26 May 1997 L 135 2 27.5.1997
"M11 Commission Regulation (EC) No 444/98 of 25 February 1998 L 56 12 26.2.1998
"M12 Commission Regulation (EC) No 1432/1999 of 30 June 1999 L 166 56 1.7.1999
Corrected by:
"C1 Corrigendum, OJ L 133, 17.6.1995, p. 51 (1162/95)
"C2 Corrigendum, OJ L 135, 8.5.1998, p. 47 (444/98)
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).1995R1162 — EN — 02.07.1999 — 002.001 — 1
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
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 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 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 from
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 (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 desti-
nations 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
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 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 September 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 processed cereal products;!B
(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. 1.1995R1162 — EN — 02.07.1999 — 002.001 — 2
Whereas certain provisions of Article 44 of Regulation (EEC) No
3719/88 concerning applications for export licences 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
commercial 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 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 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 licences, preferential treatment being granted in
respect 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 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:
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 Commission
Regulation (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 in
Section 7. The holders of the licences 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 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!B
(1) OJ No L 191, 31. 7. 1993, p. 76.1995R1162 — EN — 02.07.1999 — 002.001 — 3
—Π/omikronσ/omikronστ/omikronacute της κατακυρωθείσας επιστρ/omikronφής /betatwoάσεως κατά την
ε/ksiαγωγή
— Tendered rate of basic export refund— Taux de la restitution de base à l’exportation adjugé
— Tasso della restituzione di base all’esportazione aggiudicato
— Gegunde basisrestitutie bij uitvoer— Taxa de restituiçãode 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
—Ύψ/omikronς φ/omikronacuteρ/omikronυ κατά την ε/ksiαγωγή
— 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 and
1103 13, applications for export licences may indicate products falling
within 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 9300
category 2: 1108 12 00 9200,
"C21108 12 00 9300 3
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 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 less!B
!M11
!M11995R1162 — EN — 02.07.1999 — 002.001 — 4
than 50 % by weight of milk products, export licence applications shall
show:
— 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 "M11 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 3
— 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 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 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 show
one of the following:
— Gravamen a la exportación no aplicable— Eksportafgift ikke anvendelig— Ausfuhrabgabe nicht anwendbar
—Μη εφαρµ/omikron/dzeta/omikronacuteµεν/omikronς φ/omikronacuteρ/omikronς κατά την ε/ksiαγωγή
— 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 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.
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 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.!M1
(1) OJ No L 147, 30. 6. 1995, p. 7.!M7
!B1995R1162 — EN — 02.07.1999 — 002.001 — 5
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 in
Annex 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
submitted from 26 June of a marketing year until 30 September of the
following marketing year, export licences for the abovementioned
products shall be valid for 30 days from their date of issue within the
meaning of Article 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 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 products placed under the
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) 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
—Περι/omikronρισµ/omikronacuteς π/omikronυ πρ/omikron/betatwoλέπεται στ/omikron άρθρ/omikron 7παράγραφ/omikronς 1α
τ/omikronυ καν/omikronνισµ/omikronύ (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 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.!B
!M11
!M51995R1162 — EN — 02.07.1999 — 002.001 — 6
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) 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 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 as
listed in Regulation (EEC) No 1766/92 shall be issued on the third
working 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 of
Regulation (EC) No 3719/88 that are issued for the purpose of a food aid
operation within the meaning of Article 10(4) of the Agreement on
Agriculture concluded as part of the Uruguay Round of multilateral trade
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 accompanying refund
application.
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 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 previously 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 notify the Commission on the day they are lodged of
the quantity covered by licences which are admissible. The correspond-
ing 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 in
question, the Commission may fix a uniform percentage reduction in the
quantities 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 percentage reduction.
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 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!M5
!M8
!M5
!M12
!M81995R1162 — EN — 02.07.1999 — 002.001 — 7
third 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 8
1. Where export is effected pursuant to an invitation to tender opened
in an importing third country, 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 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
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 lodged
more than four working days before the closing date for the submission
of 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 of tenders
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 of
milk products may be longer than is provided for in Article 7 (1) where
the 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 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 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 licence
accompanied by an application for advance fixing of the export refund or
export tax applicable 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 Article 14 (2) of Regulation (EEC) No 3719/88, such
applications shall not be accompanied by securities.!M8
!B1995R1162 — EN — 02.07.1999 — 002.001 — 8
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 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, 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 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 admissible, shall notify the Commission, which shall take a
decision in accordance with the procedure laid down in Article 23 of
Regulation (EEC) No 1766/92 or Article 27 of Regulation (EEC) No
1418/76. Where the Commission accepts an application, it shall in
particular set a time limit for presentation of the contract to the
competent 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 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 minimum and
maximum quantities indicated in the licence application, 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 duration of the contract and the terms of payment. The licence shall
then be issued after the security provided for in Article 9 (1) of
Regulation (EEC) No 1766/92 or Article 10 (1) of Regulation (EEC) No
1418/76 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 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 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 for submission 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).
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!B
!M101995R1162 — EN — 02.07.1999 — 002.001 — 9
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 licences without advance fixing of
the export tax or refund;
(b) in the case of import licences to which the fourth indent of
Article 10 (4) of Regulation (EEC) No 1766/92 does "C1
3apply:
— 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 Article 9 of this Regulation the security shall be ECU 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 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:
— 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 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 accordance with
Article 12.
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 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
concerned.
The first adjustment shall be made on the first day of the calendar month
following that of application. Subsequent adjustments shall apply each
month.!M10
(1) OJ No L 329, 30. 12. 1995, p. 18.!B1995R1162 — EN — 02.07.1999 — 002.001 — 10
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 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, 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 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 adjustment 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 October instead of 1
July,
— for the purposes of this paragraph, the month of August 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 applying to the product in question.
4. 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 Regulation shall be adjusted in the months from October
to July inclusive by an amount equal to the monthly increase applying 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 the calendar month
following that in which the licence application is made. Subsequent
adjustments shall apply each month.
5. Where the term of validity of the licence extends beyond the end of
the marketing year, refunds shall be reduced 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 1995/96 marketing year
to the 1996/97 marketing year, the difference between the inter-!B
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!M91995R1162 — EN — 02.07.1999 — 002.001 — 11
vention buying-in prices provided 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 October 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.
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 3
— 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 specify:— the quantity by eleven-digit product code of the agricultural
product nomenclature for export refunds. 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 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 tolerance
provided 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, in
the case of common wheat, by quality grade and by origin. The origin
shall also be indicated in import licences for rice.!M9
!M6
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!M91995R1162 — EN — 02.07.1999 — 002.001 — 12
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 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 adjustment of the
refund referred to in Article 13 (4) of Regulation (EEC) No 1766/92
shall be calculated in accordance with the method referred to in
Article 12 (2) and (3) of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B1995R1162 — EN — 02.07.1999 — 002.001 — 13
ANNEX I
Period of validity of import licences
A. For cereals
CN code Description Term of validity
0709 90 60 Sweet corn, fresh or chilled
45 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 109
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>;Durum wheat
1101 00 Wheat or meslin flour
60 days1102 10 00 Rye flour
1103 11 Wheat groats and meal
11079
>>>>>>>=
>>>>>>>;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 issue!
B
!M31995R1162 — EN — 02.07.1999 — 002.001 — 14
B. For rice
NC code Description Term of validity
1006 10 21 Rice in the husk (paddy rice)
Until 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 309
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>;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 Farine de riz
Until the end of the fourth month following that
of issue1103 14 00 Rice groats and meal
1103 29 50 Rice pellets
1104 19 91 Flocons de riz
1108 19 109
>>>>>>>>>>>=
>>>>>>>>>>>;Rice starch!
B1995R1162 — EN — 02.07.1999 — 002.001 — 15
ANNEX 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
Until 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 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 to Regulation
(EEC) No 1766/92
1103 11 10 Durum wheat groats and meal
11079
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>;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 issue!
B
!M51995R1162 — EN — 02.07.1999 — 002.001 — 16
B. For rice
CN code Description Term of validity
1006 10 21 Rice in the husk (paddy rice)
Until 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 309
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>=
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>;Semi-milled or wholly milled rice, whether or not
polished or glazed
1006 40 00 Broken rice 30 days
1102 30 00 Rice flour
Until 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 19 109
>>>>>>>>>>>=
>>>>>>>>>>>;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 issue!
B1995R1162 — EN — 02.07.1999 — 002.001 — 17
ANNEX 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 African
RepublicZambia Djibouti Comoros Dominican Re-
publicFiji
Niger Benin Malawi Ethiopia Madagascar Antigua and
BarbudaKiribati
Senegal Nigeria Mozambique Somalia Mauritius Bahamas Solomon Islands
Burkina Faso Cameroon Namibia Uganda Barbados Samoa
Gambia Equatorial
GuineaBotswana Kenya Belize Tonga
Guinea-Bissau São Tomé and
PrincipeZimbabwe Tanzania Dominica Tuvalu
Guinea Gabon Lesotho Grenada Vanuatu
Cape Verde Congo Swaziland Jamaica
Sierra Leone Zaire Saint Chris-
topher andNevis
Liberia Rwanda Saint-Lucia
Côte d’Ivoire Burundi Saint Vincent
and the Grena-
dines
Ghana Trinidad and
Tobago
Togo Guyana
Surinam!
B1995R1162 — EN — 02.07.1999 — 002.001 — 18