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"BCOMMISSION REGULATION (EC) No 1501/95
of 29 June 1995
laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on
the granting of export refunds on cereals and the measures to be taken in the event of disturbance on
the market for cereals
(OJ L 147, 30.6.1995, p. 7)
Amended by:
Official Journal
No page date
"M1 Commission Regulation (EC) No 95/96 of 23 January 1996 L 18 10 24.1.1996
"M2 Commission Regulation (EC) No 2480/95 of 25 October 1995 L 256 9 26.10.1995
"M3 Commission Regulation (EC) No 1259/97 of 1 July 1997 L 174 10 2.7.1997
"M4 Commission Regulation (EC) No 2052/97 of 20 October 1997 L 287 14 21.10.1997
"M5 Commission Regulation (EC) No 2094/98 of 30 September 1998 L 266 61 1.10.1998
"M6 Commission Regulation (EC) No 2513/98 of 20 November 1998 L 313 16 21.11.1998
"M7 Commission Regulation (EC) No 602/2001 of 28 March 2001 L 89 16 29.3.2001
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).1995R1501 — EN — 01.03.2001 — 006.001 — 1
COMMISSION REGULATION (EC) No 1501/95
of 29 June 1995
laying down certain detailed rules for the application of Council
Regulation (EEC) No 1766/92 on the granting of export refunds on
cereals and the measures to be taken in the event of disturbance on
the market for cereals
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 13 (11) and 16
(2) thereof,
Whereas the export refunds, corrective amounts and export taxes on
products covered by the common organization of the market in cereals
must be fixed, as a special measure in the event of a disturbance on the
market, in accordance with certain criteria enabling the difference
between the quotations and prices for such products in the Community
and those on the world market to be covered;
Whereas, given the disparity in the prices at which cereals are offered by
the different exporting countries on the world market, account should be
taken in particular of the different internal forwarding costs and the
refund should be fixed bearing in mind the difference between the
representative prices in the Community and the most favourable
quotations and prices applying on the world market;
Whereas, in order to make it possible to export flour, groats, meal and
malt, the factors to be taken into account when fixing the refund are, on
the one hand, the prices of the basic cereals, the quantities needed to
manufacture the products concerned and the value of the by-products
and, on the other hand, the opportunities and conditions for the sale of the
products on the world market;
Whereas it is a requirement of the system of corrective amounts provided
for in the second subparagraph of Article 13 (8) of Regulation (EEC) No
1766/92 that they be capable of differentiation according to the
destination of the products to be exported;
Whereas, with a view to the efficient administration of Community funds
and to take account of the export possibilities for those products,
provision should be made for the export refunds and taxes on the
products listed in Article 1 (a) and (b) of Regulation (EEC) No 1766/92
to be fixed by invitation to tender covering a given quantity;
Whereas, in order to ensure equal treatment for all interested parties
within the Community, invitations to tender must be organized in
accordance with uniform principles; whereas, to that end, decisions
opening invitations to tender should be published together with a notice
of invitation to tender in the Official Journal of the European
Communities ;
Whereas tenders must contain the data needed to assess them and must
be accompanied by certain formal undertakings;
Whereas a maximum export refund or minimum export tax should be
fixed; whereas that procedure ensures that all the quantities concerned
are allocated;!B
(1) OJ No L 181, 1. 7. 1992, p. 21.
(2) OJ No L 349, 31. 12. 1994, p. 105.1995R1501 — EN — 01.03.2001 — 006.001 — 2
Whereas situations may arise on the market in which the economic
aspects of the exports contemplated result in no further action being
taken in respect of tenders received rather than in the fixing of an export
refund or tax;
Whereas a tendering security should ensure that the quantities exported
are so exported pursuant to the licence issued under the invitation to
tender; whereas that obligation can be met only if tenders submitted are
maintained; whereas the security must accordingly be forfeited where
tenders are withdrawn;
Whereas detailed rules must be laid down to ensure that tenderers are
notified of the outcome of the invitation to tender and that the necessary
licences are issued for the export of the quantities allocated;
Whereas, for the purposes of fixing export refunds on the products listed
in Article 1 (1) of Regulation (EEC) No 1766/92 and in order to avoid
the need to introduce checks to detect the slightest variations in
quantities of the basic materials and without any noticeable effect on the
quality of the product, a standard method of assessment should be
adopted; whereas the analysis of the ash content of products manu-
factured has proved the most effective technical means of assessing the
quantity of basic cereals used; whereas the analysis should be carried out
following the same procedure throughout the Community;
Whereas granting export refunds on cereals imported from third
countries and re-exported to third countries does not appear justified;
whereas refunds should accordingly be granted on Community products
only;
Whereas Commission Regulation (EEC) No 3665/87 of 27 November
1987 laying down common detailed rules for the application of the
system of export refunds on agricultural products (1), as last amended by
Regulation (EC) No 1384/95 (2), requires that, where refunds vary
according to destination, payment of the refund be made conditional in
particular on presentation of proof that the product has been imported in
its unaltered state into the third country or into one of the third countries
for which the refund applies; whereas, as regards cereals, the only refund
lower than that applicable to exports to third countries as a whole is that
on exports to Switzerland and Liechtenstein; whereas, in order to avoid
obstructing most Community exports by requiring proof of arrival at
destination, other means must be found to ensure that products on which
a refund applying to all third countries has been paid are not exported to
the abovementioned countries; whereas, to that end, the need to present
proof of arrival should be waived in all cases where export is effected by
sea; whereas certificates drawn up by the competent authorities of the
Member States stating that the products have left the customs territory of
the Community on board a vessel suitable for sea transport are
considered to provide a sufficient guarantee;
Whereas Article 16 of Regulation (EEC) No 1766/92 provides that
appropriate measures may be taken when the quotations or prices on the
world market for one or more of the products referred to in Article 1 of
that Regulation reach the level of Community prices, and when that
situation is likely to continue or deteriorate, thereby disturbing or
threatening to disturb the Community market; whereas to that end
sufficient supplies of cereals must be ensured; whereas for that purpose
export taxes may be levied and the issuing of export licences totally or
partly suspended;
Whereas, since the situation envisaged in Article 16 of Regulation (EEC)
No 1766/92 may arise at relatively short notice, the Commission must be
able to suspend the issue of export licences at any time;!B
(1) OJ No L 351, 14. 12. 1987, p. 1.
(2) OJ No L 134, 20. 6. 1995, p. 14.1995R1501 — EN — 01.03.2001 — 006.001 — 3
Whereas this Regulation incorporates, while adjusting them to current
market conditions, the provisions of Commission Regulation (EEC) No
1533/93 (1), as last amended by Regulation (EC) No 3304/94 (2);
whereas that Regulation should therefore be repealed;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Cereals,
HAS ADOPTED THIS REGULATION:
Article 1
Export refunds, export taxes as provided for in Article 16 of this
Regulation, and corrective amounts as provided for in the second
subparagraph of Article 13 (8) of Regulation (EEC) No 1766/92, in the
case of the products listed in Article 1 (1) (a), (b) and (c) of that
Regulation, shall be fixed in the light of the following factors in
particular:
(a) the prices charged on the representative Community markets and
their trends, and the quotations recorded on the markets of third
countries;
(b) the marketing costs and the most favourable costs of transport from
the representative Community markets to the port or other place of
export, and the costs of forwarding on the world market;
(c) in the case of processed products, the quantity of cereals required for
the manufacture thereof;
(d) the prospects for and conditions governing the sale of the relevant
products on the world market;
(e) concern to avoid disturbance on the Community market;(f) the economic aspect of the exports contemplated;(g) the quantitative and budgetary limits arising from agreements
concluded in accordance with Article 228 of the Treaty.
Article 2
The provisions of the first subparagraph of Article 13 (8) of Regulation
(EEC) No 1766/92 shall apply to all the products referred to in Article 1
(1) (c) and (d) of that Regulation and to the products referred to in
Article 1 thereof exported in the form of goods as listed in Annex B
thereto.
The provisions of the second subparagraph of Article 13 (8) of
Regulation (EEC) No 1766/92 shall apply to the products referred to
in Article 1 (1) (c) thereof.
Article 3
Corrective amounts may vary according to destination.
Article 4
1. Export refunds on the products listed in Article 1 (1) (a) and (b) of
Regulation (EEC) No 1766/92 and the export taxes provided for in
Article 15 of this Regulation may be fixed by invitation to tender.
The terms of invitations to tender must guarantee equality of access for
all persons established in the Community.
Such invitations to tender shall relate to the export refund or tax.!B
(1) OJ No L 151, 23. 6. 1993, p. 15.
(2) OJ No L 341, 30. 12. 1994, p. 48.1995R1501 — EN — 01.03.2001 — 006.001 — 4
2. Decisions to issue invitations to tender shall be taken in accordance
with the procedure laid down in Article 23 of Regulation (EEC) No
1766/92.
3. Decisions to issue invitations to tender shall be accompanied by the
publication of notices of invitation to tender drawn up by the
Commission setting out in particular the dates on which tenders may
be submitted and the relevant departments of the Member States to which
they are to be sent.
4. Decisions to issue invitations to tender and notices of invitation to
tender shall be published in the Official Journal of the European
Communities .
At least five days must elapse between the publication of the notice of
invitation to tender and the first date for the submission of tenders.
Article 5
1. Interested parties shall submit tenders in writing or by any means of
written telecommunication to the competent department of the Member
State.
2. Tenders shall indicate:
(a) the reference of the invitation to tender;
(b) the name and address of the tenderer;(c) the type and quantity of product to be exported;(d) the export refund per tonne or, where applicable, the export tax per
tonne, expressed in ecus.
3. Tenders shall be valid only if:(a) proof is provided before the expiry of the time limit laid down for the
submission of tenders that the tenderer has lodged the tendering
security;
(b) they are accompanied by a written undertaking to submit, in respect
of quantities awarded and within two days of receipt of notification
of award pursuant to Article 7 (3), an application for advance fixing
of an export refund or, where applicable, an application for advance
fixing of an export tax equal to the amount tendered;
(c) they do not include any conditions other than those provided for in
the notice of invitation to tender.
4. Tenders submitted may not be withdrawn.
Article 6
Tenders shall be opened by the competent departments of the Member
States. They shall not be opened in public. Persons authorized to be
present at the opening of the tenders shall be under an obligation of
secrecy.
The Commission shall be notified forthwith of the tenders without the
tenderers being mentioned by name.
Article 7
1. On the basis of tenders notified, the Commission shall, in accordance
with the procedure provided for in Article 23 of Regulation (EEC) No
1766/92, decide to fix a maximum export refund or, where applicable, a
minimum export tax or to take no further action in respect of the
invitation to tender.
2. Where a maximum export refund is fixed, the contract shall be
awarded to the tenderer or tenderers whose bids are equal to or lower
than the maximum refund, as well as to the tenderer or tenderers whose
bid relates to an export tax.!B
!M31995R1501 — EN — 01.03.2001 — 006.001 — 5
Where a minimum export tax is fixed, the contract shall be awarded to
the tenderer or tenderers whose bids are equal to or higher than the
minimum tax.
3. The competent departments of the Member States concerned shall
notify all tenderers in writing of the outcome of their tenders as soon as
the Commission has taken a decision.
Article 8
1. Export licences shall be issued to successful tenderers after their
applications for export licences have been received by the competent
departments of the Member States and in respect of the quantities
awarded to them.
2. In the relevant section of the licence applications, and of the licences
themselves, shall be stated the destination specified in the regulation
issuing the invitation to tender. Licences shall entail the obligation to
export to the stated destination.
Article 9
Tendering securities shall be released:
(a) where tenders are not accepted;
(b) when the successful tenderer has provided proof that the security
provided for in Article 10 of Commission Regulation (EC) No
1162/95 (1) has been submitted.
Where the undertaking provided for in Article 5 (3) (b) hereof is not
fulfilled, the tendering security shall be forfeited except in cases of force
majeure .
Article 10
Export refunds on the products listed in Article 1 (1) (a), (b) and (c) of
Regulation (EEC) No 1766/92 shall be fixed at least once a month.
Article 11
1. The export refund on wheat flour, meslin flour and rye flour, wheat
groats, wheat meal and malt shall be fixed taking account of the quality
of the basic cereal necessary to manufacture 1 000 kg of the product in
question. "M2The processing coefficients expressing the relationship
between the quantity of the basic product and the quantity of that product
contained in the processed product shall be as set out in Annex I. 3
2. The ash content of the flour shall be determined using the method ofanalysis defined in Annex II.
Article 12
Refunds on the products listed in Article 1 (1) (a), (b) and (c) of
Regulation (EEC) No 1766/92 shall be paid once proof has been
provided that the products are of Community origin.
Article 13
Notwithstanding Article 18 of Regulation (EEC) No 3665/87, proof of
completion of customs formalities for release for consumption shall not
be required for payment of refunds fixed in a contract awarded for
refunds on exports to all third countries, provided that the operator
provides proof that a quantity of at least 1 500 tonnes of cereal product
have left the customs territory of the Community on board a vessel
suitable for sea transport.!B
(1) OJ No L 117, 24. 5. 1995, p. 2.!M31995R1501 — EN — 01.03.2001 — 006.001 — 6
Such proof shall be provided by the following endorsement certified by
the competent authority on the control copy referred to in Article 6 of
Regulation (EEC) No 3665/87, on the single administrative document or
on the national document proving that the goods have left the
Community customs territory:
«Exportación de cereales por vía marítima; artículo 13 del Reglamento
(CE) no1501/95»
»Eksport af korn ad søvejen — Artikel 13 i forordning (EF) nr. 1501/95«
„Ausfuhr von Getreide auf dem Seeweg — Verordnung (EG) Nr.
1501/95 Artikel 13“
«Ε/ksiαγωγή σιτηρών δια θαλάσσης — Άρθρ/omikron 13 τ/omikronυ καν/omikronνισµ/omikronύ
(ΕΚ) αριθ. 1501/95»
‘Export of cereals by sea — Article 13 of Regulation (EC) No 1501/95’
«Exportation de céréales par voie maritime — Règlement (CE)
no1501/95, article 13»
«Esportazione di cereali per via marittima — Regolamento (CE)
n. 1501/95, articolo 13»
„Uitvoer van graan over zee — Verordening (EG) nr. 1501/95, artikel
13”
«Exportação de cereais por via marítima — Artigo 13.o, Regulamento
(CE) n.o1501/95»
”Viljan vienti meriteitse — Asetus (EY) N:o 1501/95 13 artikla”
”Export av spannmål sjövägen — Artikel 13 i förordning (EG) nr
1501/95”.
Article 13a
1. Where the differentiation of the refund is the result solely of a refund
not having been fixed for Poland, and notwithstanding Article 16 of
Regulation (EC) No 800/1999, proof that customs formalities for
importation have been completed shall not be required for payment of
the refund for products falling within CN codes 1001 90, 1101, 1102 and
ex 2302.
2. The fact that a refund has not been fixed for the export of products
falling within CN codes 1001 90, 1101, 1102 and ex 2302 to Poland shall
not be taken into account in determining the lowest rate of refund within
the meaning of Article 18(2) of Regulation (EC) No 800/1999.
Article 14
Where the operator provides proof of completion of customs formalities
for release for consumption in Switzerland or Liechtenstein, the amount
of the export refund for exports to ‘all third countries’ fixed under an
invitation to tender shall be reduced by the difference between that
amount and the amount of the export refund in force for the
abovementioned destinations on the day the contract is awarded.
Article 15
Where the conditions laid down in Article 16 of Regulation (EEC) No
1766/92 are met in respect of one or more products, the following
measures may be taken:
(a) an export tax may be applied. A corrective amount may be fixed.
Such taxes and corrective amounts may vary according to
destination;
(b) the issuing of export licences may be totally or partly suspended;
(c) the export licence applications pending may be rejected in whole or
in part.!B
!M7
!B1995R1501 — EN — 01.03.2001 — 006.001 — 7
!M1
However, no tax shall be applied to exports of cereals or cereal products
carried out to implement Community and national food aid measures
provided for under international agreements or other supplementary
programmes, or to implement other Community free supply measures.
Article 16
Where there is no invitation to tender, the export tax to be collected shall
be that applicable on the day on which customs formalities are
completed.
However, export taxes applicable on the day of submission of licence
applications shall apply, at the request of the party concerned lodged at
the same time as the licence application, to exports to be effected during
the term of validity of the licence.
Article 17
The measures referred to in Article 15 shall be adopted in accordance
with the procedure laid down in Article 23 of Regulation (EEC) No
1766/92. However, in emergencies, the Commission may adopt the
measures.
Article 18
Regulation (EEC) No 1533/93 is hereby repealed. However, it shall
continue to apply to licences issued before 1 July 1995.
Article 19
This Regulation shall enter into force on 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
!M4
!B1995R1501 — EN — 01.03.2001 — 006.001 — 8
ANNEX I
CN codeAsh content (expressed
in mg) per 100 g of
flour, groats and meal"M2Processing
coefficients indicating
the number of kg of
cereals per 1 000 kg of
products in question. 3
1. Flour of common wheat, spelt or meslin 1101 00 15 100 0 to 600 1 370
1101 00 15 130 601 to 900 1 2801101 00 15 150 901 to 1 100 1 1801101 00 15 170 1 101 to 1 650 1 0901101 00 15 180 1 651 to 1 900 1 020
2. Rye flour 1102 10 00 500 0 to 1 400 1 370
1102 10 00 700 1 401 to 2 000 1 080
3. Common wheat groats and meal 1103 11 90 200 0 to 600 1 370
4. Durum wheat groats and meal 1103 11 10 200 0 to 1 300
(sieve with mesh
0,160 mm)1 500
1103 11 10 400 0 to 1 300 1 340
1103 11 10 900 over 1 300 1 260
5. Malt, not roasted 1107 10 19 "
M61 2703
1107 10 99
Malt, roasted 1107 20 00 "M61 4903!B1995R1501 — EN — 01.03.2001 — 006.001 — 9
ANNEX II
Method of determining the ash content of flour
Apparatus
1. Laboratory scales sensitive to 0,1 mg, box of corresponding weights.
2. Electric muffle kiln, with adequate draught and a temperature gauge and
regulator.
3. Round, flat-bottomed incineration dishes (about 5 cm in diameter,
maximum height 2 cm); preferably of gold and platinum alloy or ofquartz or porcelain.
4. Desiccator (with an internal diameter of about 18 cm) fitted with a neck
and a perforated plate, in porcelain or aluminium.
Dehydration agent: calcium chloride, phosphorous pentoxide or silica gel
coloured blue.
Method
1. The weight of the test sample should be between 5 and 6 g. When it is flour
of which the ash content referred to dry matter is likely to be over 1 %, the
weight of the test sample should be between 2 and 3 g. The weight of thetest sample may be rounded up to the nearest 10 mg; all other quantitiesare weighed to the nearest 0,1 mg.
2. Immediately before use the dishes must be heated in the muffle kiln at
incineration temperature to constant weight; a period of 15 minutes is
usually sufficient.
The dishes are then cooled in the desiccator to laboratory temperature
under the conditions indicated in paragraph 7.
3. Place the test sample in the dish and spread it out in an even layer, without
heaping. Immediately before incineration damp the test sample with 1 to 2ml of ethyl alcohol.
4. Place the dishes in the mouth of the kiln, leaving the door open. When the
substance has ceased to flame, push the dishes into the kiln. When the kiln
door has been closed, an adequate draught must be maintained, but not so
strong as to blow the substance out of the dishes.
5. Incineration must result in the total combustion of the flour, including any
sooty particles among the ashes. It will be considered completed when theresidue is almost white after cooling.
6. The incineration temperature must reach 900° C.7. When incineration is completed, remove the dishes from the kiln and place
them on a sheet of eternit for about one minute to cool, then put them inthe desiccator (not more than four dishes at a time). The closed desiccatoris placed near the analysis scales. Weigh the dishes when they are
completely cold (about one hour).
Results
1. Margin of error: if the ash content does not exceed 1 %, the results of a
double test should not differ by more than 0,02 units of ash content; if the
ash content exceeds 1 %, the difference should not exceed 2 % of the ashcontent. If the difference exceeds these limits the test must be repeated.
2. The ash content must be expressed per 100 parts of dry matter and rounded
up to 0,01.!
B1995R1501 — EN — 01.03.2001 — 006.001 — 10