1995R2543 — EN — 22.12.2000 — 003.001 — 1
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►B COMMISSIONREGULATION(EC)No2543/95
of30October1995
layingdownspecialdetailedrulesfortheapplicationofthesystemofexportlicences forolive oil
(OJ L 260, 31.10.1995, p. 33)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 2126/96 of 5 November 1996 L 284 15 6.11.1996
►M2Commission Regulation (EC) No 726/98 of 31 March 1998 L 100 46 1.4.1998
►M3Commission Regulation (EC) No 2731/2000 of 14 December 2000 L 316 42 15.12.2000
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).
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COMMISSIONREGULATION(EC)No2543/95
of30October 1995
layingdownspecialdetailed rulesfortheapplicationofthesystem
ofexportlicences forolive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September
1966 on the establishment of a common organization of the market inoilsand fats (
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 Articles2 and 3 thereof,
WhereasRegulation No 136/66/EEC providesthat from 1 November
1995 all exports for which export refunds are requested shall be subject
to the presentation of an export licence with advance fixing of the
refund; whereas, therefore, specific implementing rules should be laiddown for the olive oil sector which should in particular include provi-sions for the submission of the applications and the information whichmust appear on the applications and licences, in addition to thosecontained in Commission Regulation (EEC) No 3719/88 of 16
November 1988 laying down common detailed rulesfor the application
of the system of import and export licences and advance fixing licencesfor agricultural products(
3), aslas t amended by Regulation (EC) No
2137/95(4);
Whereas, in order to assure proper administration of the system, the
rate of the security for and the duration of validity of export licencesunder the said system should be fixed;
WhereasArticle 3 (9) of Regulation No 136/66/EEC providesthat
compliance with the obligationsaris ing from agreementsconcluded
during the Uruguay Round of multilateral trade negotiationsregardingexport volume shall be ensured on the basis of export licences;whereas, therefore, a detailed schedule for the lodging of applicationsand for the issuing of licences should be laid down;
Whereas, in addition, the decision regarding applications for export
licences should be communicated only after a period of consideration;whereas this period would allow the Commission to assess the quanti-tiesapplied for aswell asthe expenditure involved and, if appropriate,to take specific measures applicable in particular to the applications
which are pending; whereasit isin the interes t of tradersto allow the
licence application to be withdrawn after the acceptance coefficient hasbeen fixed;
Whereas, in order to ensure an exact follow up of the quantities to be
exported, a derogation from the rulesregarding the toleranceslaid
down in Regulation (EEC) No 3719/88 should be laid down;
Whereas the Commission must dispose of precise information
concerning applications for licences and the use of licences issued, in
order to be able to manage this system; whereas, in the interests of effi-
cient administration, the notifications from Member States to theCommission should be made according to a uniform model;
Whereas the provisions of Commission Regulation (EEC) No 2041/75
of 25 July 1975 on special detailed rules for the application of the
system of import and export licences and advance fixing certificatesfor oilsand fats (
5), aslas t amended by Regulation (EEC) No 557/1995R2543 — EN — 22.12.2000 — 003.001 — 2
(1) OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 349, 31. 12. 1994, p. 105.
(3) OJ No L 331, 2. 12. 1988, p. 1.
(4) OJ No L 214, 8. 9. 1995, p. 21.
(5) OJ No L 213, 11. 8. 1975, p. 1.
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91(1), are replaced by the provisions of this Regulation and Commis-
sion Regulation (EC) No 1476/95(2) and should therefore be repealed;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Management Committee for Oilsand
Fats,
HAS ADOPTED THIS REGULATION:
Article 1
Export licences shall be presented for exports of products covered by
CN codes1509 and 1510 00.
Article 2
1. Export licences shall be valid from the date of issue, within the
meaning of Article 21 (1) of Regulation (EEC) No 3719/88, until theend of the third month following that date.
2. Applications for licences and licences shall bear, in section 15,
the description of the product and, in section 16, the ►
M212-digit◄
product code of the agricultural product nomenclature for exportrefunds.
3. The security for export licences shall be:
(a) ECU 10 per 100 kilogramsnet in the cas e of licenceswhere the
refund isfixed in advance;
(b) ECU 1 per 100 kilograms net in other cases.
Article 3
1. Applicationsfor export licenceswith advance fixing of the refund
must be lodged with the competent authorities from Tuesday to
Thursday of each week. Applications lodged on Friday and Monday
shall be deemed to have been lodged on the following Tuesday.
2. Export licences with advance fixing of the refund shall be issued
on the first working day from the Tuesday of the week following theperiod referred to in paragraph 1, provided that none of the particularmeasures referred to in paragraph 3 have since been taken by theCommission.
However, licences shall only be issued for quantities covered by appli-
cationscommunicated in accordance with Article 5 (1) (a).
3. Where:
(a) the issue of the licences applied for appears likely to result in an
overrun in the budgetary amountsavailable or in the exhaus tion ofthe total quantities for disposal, taking account of the limits laiddown in Article 3 (1) of Regulation No 136/66/EEC and/or therelevant expenditure during the period under consideration; or
(b) the issue of the licences applied for does not allow the continuity
of exportsto be guaranteed during the res t of the marketing year.1995R2543 — EN — 22.12.2000 — 003.001 — 3
(1) OJ No L 62, 8. 3. 1991, p. 23.
(2) OJ No L 145, 29. 6. 1995, p. 35.▼M1
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In such cases, account shall be taken, as regards the product in
question, of:
— the seasonal nature of trade, the market situation and in parti-
cular the trend in priceson the market and the exportconditionsres ulting therefrom,
— the need to prevent speculative applications leading to distor-
tion of competition between traders,
the Commission may:
— set a single percentage by which the quantities applied for are
accepted,
— refuse the applications for which export licences have not yet been
awarded,
— suspend the lodging of applications for export licences for a
maximum of five working days. A suspension for a longer periodmay be decided in accordance with the procedure provided for in
Article 38 of Regulation No 136/66/EEC. In these cases, applica-
tions for export licences lodged during the suspension period shallbe inadmissible.
These measures relate to export licences with advance fixing of the
refund and vary according to the product code in the nomenclature of
agricultural productsfor export refunds .
4. Where quantitiesapplied for are rejected or reduced, the s ecurity
shall be released immediately for all quantities for which an applicationwas not satisfied.
5. Notwithstanding paragraph 2, where a single percentage of accep-
tance less than 80 % is set, the licence shall be issued at the latest bythe 11th working day following publication of that percentage in theOfficial Journal of the European Communities . During the 10 working
daysfollowing itspublication, the operator may:
— either withdraw his application, in which case the security is
released immediately,
— or request immediate issuing of the licence, in which case the
competent authority shall issue it without delay but no sooner thanthe►
M2Tuesday ◄following the lodging of the licence applica-
tion.►M2Where the single percentage of acceptance less than
80 % concernsonly licencesconferring entitlement to a refund,
the operator may request that a licence not giving entitlement to arefund be issued for the remaining quantity within the same timelimit.◄
6. Applicationsfor export licenceswithout advance fixing of the
refund shall be lodged with the competent authorities from Monday to
Friday of each week. The licences shall be issued immediately.
Article 4
The quantity exported within the tolerance referred to in Article 8 (4)
of Regulation (EEC) No 3719/88 shall not give entitlement to payment
of the refund.
In section 22 of the licence, at least one of the following shall be indi-
cated:
— Restitución válida por … toneladas (cantidad por la que se expida
el certificado)
— Restitutionen omfatter … tons (den mængde, licensen vedrører)
— Erstattung gültig für … Tonnen (Menge, für welche die Lizenz
ausgestellt wurde)
—Επιστροφή ισχύουσα για …τόνους (ποσότητα για την οποία
έχει εκδοθεί το πιστοποιητικό)
— Refund valid for … tonnes (quantity for which the licence is issued)1995R2543 — EN — 22.12.2000 — 003.001 — 4
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— Restitution valable pour … tonnes (quantité pour laquelle le certi-
ficat est délivré)
— Restituzione valida per … t (quantitativo per il quale il titolo è
rilasciato)
— Restitutie geldig voor … ton (hoeveelheid waarvoor het certificaat
wordt afgegeven)
— Restituição válida para … toneladas (quantidade relativamente à
qual é emitido o certificado)
— Tuki on voimassa … tonnille (määrä, jolle todistus on myönnetty)
— Ger rätt till exportbidrag för … ton (den kvantitet för vilken
licensen utfärdats).
ThisArticle s hall only apply to licencesfor the export of productsfor
which a refund ispayable.
Article 5
1. Member States shall communicate to the Commission by 2 p.m.
each►M2Friday◄at the latest, by fax:
(a) applicationsfor export licenceswith advance fixing of the refund
lodged from Tuesday to Thursday in accordance with Article 3(1);
(b) the quantities for which export licences have been issued
►M2between the previousFriday and the Thurs day of that
week, listing licences with advance fixing of the refund and thosewithout advance fixing of the refund separately ◄;
(c) the quantitiesfor which applicationsfor export licenceshave been
withdrawn pursuant to Article 3 (5) during the preceding week►
M1and the relevant refunds ◄.
2.►M2The notification of the applicationsreferred to in para-
graph 1(a) and, where Article 3(5) applies, the information referred to
in paragraph 1(b) shall specify ◄:
— the quantity for each quality and type of packaging,
— the breakdown by destination in the case where the rate of refund
variesaccording to the des tination,
—►M2where appropriate, ◄the rate of refund applicable,
— the total amount of refund in ecu per category.
This information shall be given separately where the licences are to be
issued for food aid operations.
3. Each month following the expiry of the term of validity of export
licences, Member States shall communicate the quantities covered byand the refunds relating to unused export licences to the Commission
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issued◄.
4. All notificationsreferred to in paragraphs1 and 3, including ‘nil’
notifications, shall be made in accordance with the model set out in theAnnex.
Article 6
Commission Regulations (EEC) No 3665/87(
1) and (EEC) No 3719/88
shall apply except where otherwise provided for in this Regulation.
Article 7
Regulation (EEC) No 2041/75 isrepealed.1995R2543 — EN — 22.12.2000 — 003.001 — 5
(1) OJ No L 351, 14. 12. 1987, p. 1.▼M2
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It shall remain applicable, however, for advance fixing certificates
issued before 1 November 1995 pursuant to that Regulation.
Article 8
ThisRegulation s hall enter into force on the day following itspublica-
tion in the Official Journal of the European Communities .
It shall apply to export licences applied for pursuant to this Regulation
asfrom 1 November 1995.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1995R2543 — EN — 22.12.2000 — 003.001 — 6
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ANNEX
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— Part B — Weekly notification
a) Licenceswith advance fixing of the refund:
b) Licenceswithout advance fixing of the refund:
— Part C — Weekly notification
— Part D — Monthly notification
1995R2543 — EN — 22.12.2000 — 003.001 — 8
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