1995R1501 — EN — 19.07.1995 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 1501/95
of 29 June 1995
layingdowncertaindetailedrulesfortheapplicationofCouncilRegulation(EEC)No1766/92on
thegrantingofexportrefundsoncerealsandthemeasurestobetakenintheeventofdisturbance
on the market for cereals
(OJ L 147, 30.6.1995, p. 7)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 95/96 of 23 January 1996 L 18 10 24.1.1996
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COMMISSION REGULATION (EC) No 1501/95
of 29 June 1995
laying down certain detailed rules for the application of Council
Regulation(EEC)No1766/92onthegrantingofexportrefundsoncerealsandthemeasurestobetakenintheeventofdisturbanceon
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, andby 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 cerealsmust be fixed, as a special measure in the event of a disturbance on themarket, in accordance with certain criteria enabling the differencebetween the quotations and prices for such products in the Communityand 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 shouldbe taken in particular of the different internal forwarding costs and therefund should be fixed bearing in mind the difference between therepresentative prices in the Community and the most favourable quota-tions 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, onthe one hand, the prices of the basic cereals, the quantities needed tomanufacture the products concerned and the value of the by-productsand, on the otherhand, the oppor tunities and conditions forthe sale ofthe 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 tothe 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 theproducts listed in Article 1 (a) and (b) of Regulation (EEC) No 1766/92to be fixed by invitation to tendercover ing a given quantity;
Whereas, in order to ensure equal treatment for all interested parties
within the Community, invitations to tendermust be or ganized inaccordance with uniform principles; whereas, to that end, decisionsopening invitations to tendershould be published togetherwith a noticeof invitation to tenderin 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 concernedare allocated;
Whereas situations may arise on the market in which the economic
aspects of the exports contemplated result in no further action being
(1) OJ No L 181, 1. 7. 1992, p. 21.
(2) OJ No L 349, 31. 12. 1994, p. 105.
1995R1501 — EN — 19.07.1995 — 001.001 — 3
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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 totender; whereas that obligation can be met only if tenders submitted aremaintained; whereas the security must accordingly be forfeited wheretenders are withdrawn;
Whereas detailed rules must be laid down to ensure that tenderers are
notified of the outcome of the invitation to tenderand that the necessar ylicences 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 toavoid the need to introduce checks to detect the slightest variations inquantities of the basic materials and without any noticeable effect on thequality of the product, a standard method of assessment should beadopted; whereas the analysis of the ash content of products manufac-tured has proved the most effective technical means of assessing thequantity of basic cereals used; whereas the analysis should be carriedout following the same procedure throughout the Community;
Whereas granting export refunds on cereals imported from third coun-
tries and re-exported to third countries does not appear justified;whereas refunds should accordingly be granted on Community productsonly;
Whereas Commission Regulation (EEC) No 3665/87 of 27 November
1987 laying down common detailed rules for the application of thesystem 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 inparticular on presentation of proof that the product has been imported inits unaltered state into the third country or into one of the third countriesfor which the refund applies; whereas, as regards cereals, the onlyrefund lower than that applicable to exports to third countries as awhole is that on exports to Switzerland and Liechtenstein; whereas, inorder to avoid obstructing most Community exports by requiring proofof arrival at destination, other means must be found to ensure thatproducts on which a refund applying to all third countries has been paidare not exported to the abovementioned countries; whereas, to that end,the need to present proof of arrival should be waived in all cases whereexport is effected by sea; whereas certificates drawn up by thecompetent authorities of the Member States stating that the productshave left the customs territory of the Community on board a vesselsuitable for sea transport are considered to provide a sufficient guar-antee;
Whereas Article 16 of Regulation (EEC) No 1766/92 provides that
appropriate measures may be taken when the quotations or prices on theworld market for one or more of the products referred to in Article 1 ofthat Regulation reach the level of Community prices, and when thatsituation is likely to continue or deteriorate, thereby disturbing or threat-ening to disturb the Community market; whereas to that end sufficientsupplies of cereals must be ensured; whereas for that purpose exporttaxes may be levied and the issuing of export licences totally or partlysuspended;
Whereas, since the situation envisaged in Article 16 of Regulation
(EEC) No 1766/92 may arise at relatively short notice, the Commissionmust be able to suspend the issue of export licences at any time;
Whereas this Regulation incorporates, while adjusting them to current
market conditions, the provisions of Commission Regulation (EEC) No
(1) OJ No L 351, 14. 12. 1987, p. 1.
(2) OJ No L 134, 20. 6. 1995, p. 14.
1995R1501 — EN — 19.07.1995 — 001.001 — 4
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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 forCer eals,
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 secondsubparagraph of Article 13 (8) of Regulation (EEC) No 1766/92, in thecase of the products listed in Article 1 (1) (a), (b) and (c) of thatRegulation, shall be fixed in the light of the following factors inparticular:
(a) the prices charged on the representative Community markets and
their trends, and the quotations recorded on the markets of thirdcountries;
(b) the marketing costs and the most favourable costs of transport from
the representative Community markets to the port or other place ofexport, 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 inArticle 1 thereof exported in the form of goods as listed in Annex Bthereto.
The provisions of the second subparagraph of Article 13 (8) of Regula-
tion (EEC) No 1766/92 shall apply to the products referred to in Article1 (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 inArticle 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.2. Decisions to issue invitations to tendershall be taken in accor d-
ance with the procedure laid down in Article 23 of Regulation (EEC)No 1766/92.
(1) OJ No L 151, 23. 6. 1993, p. 15.
(2) OJ No L 341, 30. 12. 1994, p. 48.
1995R1501 — EN — 19.07.1995 — 001.001 — 5
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3. Decisions to issue invitations to tendershall be accompanied by
the publication of notices of invitation to tenderdr awn up by theCommission setting out in particular the dates on which tenders may besubmitted and the relevant departments of the Member States to whichthey are to be sent.
4. Decisions to issue invitations to tenderand notices of invitation to
tendershall 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 tenderand the fir st date forthe submission of tender s.
Article 5
1. Interested parties shall submit tenders in writing or by any means
of written telecommunication to the competent department of theMemberState.
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 tenderingsecurity;
(b) they are accompanied by a written undertaking to submit, in respect
of quantities awarded and within two days of receipt of notificationof award pursuant to Article 7 (3), an application for advance fixingof an export refund or, where applicable, an application for advancefixing of an export tax equal to the amount tendered;
(c) they do not include any conditions otherthan those pr ovided forin
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 bepresent at the opening of the tenders shall be under an obligation ofsecrecy.
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 accord-
ance with the procedure provided for in Article 23 of Regulation (EEC)No 1766/92, decide to fix a maximum export refund or, where applic-able, a minimum export tax or to take no further action in respect of theinvitation 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 lowerthan the maximum refund.
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 theminimum tax.
3. The competent departments of the Member States concerned shall
notify all tenderers in writing of the outcome of their tenders as soon asthe Commission has taken a decision.
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Article 8
1. Export licences shall be issued to successful tenderers after their
applications for export licences have been received by the competentdepartments of the Member States and in respect of the quantitiesawarded to them.
2. In the relevant section of the licence applications, and of the
licences themselves, shall be stated the destination specified in theregulation issuing the invitation to tender. Licences shall entail theobligation 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) No1162/95 (
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 offorce 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 thequality of the basic cereal necessary to manufacture 1 000 kg of theproduct in question. The quantities of the basic cereals shall be as setout in Annex I.
2. The ash content of the flourshall be deter mined using the method
of analysis 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 beenprovided 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 notbe required for payment of refunds fixed by invitation to tender, oncondition that the operator provides proof that a quantity of at least1 500 tonnes of cereal product has left the customs territory of theCommunity on board a vessel suitable for sea transport.
Such proof shall be provided by the following endorsement certified by
the competent authority on the control copy referred to in Article 6 ofRegulation (EEC) No 3665/87, on the single administrative document oron the national document proving that the goods have left theCommunity customs territory:
‘Exportación de cereales por vía marítima; artículo 13 del Reglamento
(CE) n
o1501/95'
‘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'
(1) OJ No L 117, 24. 5. 1995, p. 2.
1995R1501 — EN — 19.07.1995 — 001.001 — 7
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‘Εξαγωγή σιτηρών δια θαλάσσης —Άρθρο 13του κανονισµού
(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) n
o1501/
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 14
Where the operator provides proof of completion of customs formalities
forr elease forconsumption in Switzer land orLiechtenstein, the amountof the export refund for exports to ‘all third countries' fixed under aninvitation to tender shall be reduced by the difference between thatamount and the amount of the export refund in force for the abovemen-tioned 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 followingmeasures 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 destina-tion;
(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.
▼
M1
However, no tax shall be applied to exports of cereals or cereal productscarried out to implement Community and national food aid measurespr ovided forunderinter national agr eements orothersupplementar yprogrammes, or to implement other Community free supply measures.
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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 arecompleted.
However, export taxes applicable on the day of submission of licence
applications shall apply, at the request of the party concerned lodged atthe same time as the licence application, to exports to be effected duringthe term of validity of the licence.
Article 17
In emergencies the Commission may apply the measures referred to in
Article 15 (b). It shall notify the Member States of its decision and shallpublish it in the Official Journal of the European Communities .
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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 enterinto for ce on 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in
all MemberStates.
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ANNEXI
CN codeAsh content (expressed in
mg) per100 g of flour ,
groats and mealNumberof kg
of cereals per
1 000 kg of
products in
question
1. Flourof common wheat, spelt or
meslin1101 00 15 100 0 to 600 1 370
1101 00 15 130 601 to 900 1 280
1101 00 15 150 901 to 1 100 1 180
1101 00 15 170 1 101 to 1 650 1 090
1101 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 0t o6 0 0 1 370
4. Durum wheat groats and meal 1103 11 10 200 0t o13 0 0
(sieve with
mesh 0,160 mm)1 500
1103 11 10 400 0 to 1 300 1 340
1103 11 10 900 over1 300 1 260
5. Malt, not roasted 1107 10 19 1 300
1107 10 99
Malt, roasted 1107 20 00 1 520
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ANNEXII
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 of quartz or porcelain.
4. Desiccator(with an inter nal diameterof 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 %, theweight of the test sample should be between 2 and 3 g. The weight of the testsample may be rounded up to the nearest 10 mg; all other quantities areweighed 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 usuallysufficient.
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 2 mlof ethyl alcohol.
4. Place the dishes in the mouth of the kiln, leaving the dooropen. When the
substance has ceased to flame, push the dishes into the kiln. When the kilndoorhas been closed, an adequate dr aught must be maintained, but not sostrong 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 in thedesiccator(not mor e than fourdishes at a time). The closed desiccatorisplaced nearthe analysis scales. Weigh the dishes when they ar e completelycold (about one hour).
Results
1. Margin of error: if the ash content does not exceed 1 %, the results of a
double test should not differby mor e than 0,02 units of ash content; if the ashcontent exceeds 1 %, the difference should not exceed 2 % of the ash content.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.