1995R2543 — EN — 18.04.1998 — 002.001 — 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
►M1CommissionRegulation(EC) No 2126/96 of 5 November 1996 L 284 15 6.11.1996
►M2CommissionRegulation(EC) No 726/98 of 31 March 1998 L 100 46 1.4.1998
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 inoils and 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 Articles 2 and 3 thereof,
Whereas RegulationNo 136/66/EEC provides that 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 laiddownfor the olive oil sector which should inparticular in clude 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 rules for the application
of the system of import and export licences and advance fixing licencesfor agricultural products(
3), as last amended by Regulation (EC) No
2137/95(4);
Whereas, inorder to assure proper admin istrationof the system, the
rate of the security for and the duration of validity of export licencesunder the said system should be fixed;
Whereas Article 3 (9) of RegulationNo 136/66/EEC provides that
compliance with the obligations arising from agreements concluded
during the Uruguay Round of multilateral trade negotiations regardingexport 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 Commissionto assess the quan ti-ties applied for as well as the expenditure involved and, if appropriate,to take specific measures applicable inparticular to the application s
which are pending; whereas it is in the interest of traders to allow the
licence application to be withdrawn after the acceptance coefficient hasbeenfixed;
Whereas, in order to ensure an exact follow up of the quantities to be
exported, a derogation from the rules regarding the tolerances laid
downinRegulation(EEC) No 3719/88 should be laid down ;
Whereas the Commissionmust dispose of precise in formation
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 onspecial detailed rules for the applicationof the
system of import and export licences and advance fixing certificatesfor oils and fats(
5), as last amended by Regulation (EEC) No 557/1995R2543 — EN — 18.04.1998 — 002.001 — 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-
sionRegulation(EC) No 1476/95(2) and should therefore be repealed;
Whereas the measures provided for inthis Regulationare inaccor-
dance with the opinion of the Management Committee for Oils andFats,
HAS ADOPTED THIS REGULATION:
Article 1
Export licences shall be presented for exports of products covered by
CN codes 1509 and 151000.
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 the
end of the third month following that date.
2. Applications for licences and licences shall bear, in section 15,
the descriptionof the product an d, insection16, the ►M212-digit◄
product code of the agricultural product nomenclature for export
refunds.
3. The security for export licences shall be:
(a) ECU 10 per 100 kilograms net in the case of licences where the
refund is fixed in advance;
(b) ECU 1 per 100 kilograms net in other cases.
4. Notwithstanding the fourth indent of Article 5(1) of Regulation
(EEC) No 3719/88, the licence is not required when a quantity of 50kilograms or less is exported.
Article 3
1. Applications for export licences with advance fixing of the refund
must be lodged with the competent authorities from Tuesday toThursday of each week. Applications lodged on Friday and Mondayshall be deemed to have beenlodged onthe followin g 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 inparagraph 3 have sin ce beentakenby the
Commission.
However, licences shall only be issued for quantities covered by appli-
cations communicated in accordance with Article 5 (1) (a).
3. Where:
(a) the issue of the licences applied for appears likely to result in an
overruninthe budgetary amoun ts available or inthe exhaustionof
the total quantities for disposal, taking account of the limits laid
downinArticle 3 (1) of RegulationNo 136/66/EEC an d/or therelevant expenditure during the period under consideration; or
(b) the issue of the licences applied for does not allow the continuity
of exports to be guaranteed during the rest of the marketing year.1995R2543 — EN — 18.04.1998 — 002.001 — 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 prices on the market and the exportconditions resulting therefrom,
— the need to prevent speculative applications leading to distor-
tionof competitionbetweentraders,
the Commissionmay:
— 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 inaccordan ce with the procedure provided for in
Article 38 of RegulationNo 136/66/EEC. Inthese 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 products for export refunds.
4. Where quantities applied for are rejected or reduced, the security
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
days following its publication, 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 % concerns only licences conferring 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. Applications for export licences without 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 — 18.04.1998 — 002.001 — 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(denkvan titet för vilken
licensen utfärdats).
This Article shall only apply to licences for the export of products for
which a refund is payable.
Article 5
1. Member States shall communicate to the Commission by 2 p.m.
each►M2Friday◄at the latest, by fax:
(a) applications for export licences with advance fixing of the refund
lodged from Tuesday to Thursday inaccordan ce with Article 3(1);
(b) the quantities for which export licences have been issued
►M2betweenthe previous Friday an d the Thursday of that
week, listing licences with advance fixing of the refund and thosewithout advance fixing of the refund separately ◄;
(c) the quantities for which applications for export licences have been
withdrawn pursuant to Article 3 (5) during the preceding week►
M1and the relevant refunds ◄.
2.►M2The notification of the applications referred to in para-
graph 1(a) and, where Article 3(5) applies, the information referred to
inparagraph 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
varies according to the destination,
—►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 notifications referred to in paragraphs 1 and 3, including ‘nil’
notifications, shall be made in accordance with the model set out in theAnnex.
Article 6
CommissionRegulation s (EEC) No 3665/87(
1) and (EEC) No 3719/88
shall apply except where otherwise provided for inthis Regulation .
Article 7
Regulation(EEC) No 2041/75 is repealed.1995R2543 — EN — 18.04.1998 — 002.001 — 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
This Regulation shall enter into force on the day following its publica-
tioninthe Official Journal of the European Communities .
It shall apply to export licences applied for pursuant to this Regulation
as from 1 November 1995.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1995R2543 — EN — 18.04.1998 — 002.001 — 6
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ANNEX
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— Part B — Weekly notification
a) Licences with advance fixing of the refund:
b) Licences without advance fixing of the refund:
— Part C — Weekly notification
— Part D — Monthly notification
1995R2543 — EN — 18.04.1998 — 002.001 — 8
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