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COMMISSION REGULATION ( EEC ) NO 455/78

OF 3 MARCH 1978

AMENDING ANNEX III TO REGULATION ( EEC ) NO 2044/75 WITH REGARD TO THE PERIOD OF VALIDITY OF EXPORT LICENCES ISSUED FOR MILK PRODUCTS IN CONNECTION WITH INVITATIONS TO TENDER

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 2560/77 ( 2 ) , AND IN PARTICULAR ARTICLES 13 ( 3 ) AND 17 ( 4 ) THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 2044/75 OF 25 JULY 1975 ON SPECIAL DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND THE ADVANCE FIXING OF REFUNDS IN RESPECT OF MILK AND MILK PRODUCTS ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1340/77 ( 4 ) , STIPULATES IN ARTICLE 6 THAT IN THE CASE OF EXPORTS MADE IN CONNECTION WITH INVITATIONS TO TENDER ISSUED BY NON-MEMBER COUNTRIES THE PERIOD OF VALIDITY OF EXPORT LICENCES MAY NOT EXCEED THAT PRESCRIBED IN ANNEX III TO THE REGULATION ; WHEREAS THE EXTENT OF THIS PERIOD IS LIMITED TO THE END OF THE 12TH MONTH FOLLOWING THAT IN WHICH THE LICENCE WAS ISSUED ; WHEREAS UNDER THE SAME ARTICLE THE PERIOD OF VALIDITY OF THE LICENCE BEGINS ON THE DAY ON WHICH THE APPLICATION FOR IT WAS LODGED ;

WHEREAS UNDER ARTICLE 19 ( 3 ) OF COMMISSION REGULATION ( EEC ) NO 193/75 OF 17 JANUARY 1975 LAYING DOWN COMMON DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF IMPORT AND EXPORT LICENCES AND ADVANCED FIXING CERTIFICATES FOR AGRICULTURAL PRODUCTS ( 5 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1470/77 ( 6 ) , APPLICATIONS FOR LICENCES MUST INCLUDE AN APPLICATION FOR ADVANCE FIXING OF THE REFUND , TO BE SUBMITTED NOT MORE THAN 15 DAYS BEFORE THE CLOSING DATE FOR THE SUBMISSION OF TENDERS ;

WHEREAS , IN PRACTICE , BECAUSE OF THE LENGTH OF THE PERIOD SOMETIMES ELAPSING BETWEEN SUBMISSION OF TENDERS AND THEIR ACCEPTANCE , THE EXPORTER IN CERTAIN CASES DOES NOT HAVE TIME TO DELIVER THE QUANTITIES AWARDED TO HIM BEFORE HIS LICENCE EXPIRES , OR ALTERNATIVELY THE REMAINING PERIOD OF THE LICENCE IS SHORTER THAN THE DELIVERY PERIOD STIPULATED FOR THE GOODS IN THE INVITATION TO TENDER ;

WHEREAS , IN ORDER TO REMEDY THIS SITUATION , THE PERIOD OF VALIDITY OF LICENCES OF THIS TYPE SHOULD BE EXTENDED TO AN EXTENT COMPATIBLE WITH THE EFFICIENT FUNCTIONING OF THE ADVANCE FIXING ARRANGEMENTS ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR MILK AND MILK PRODUCTS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

AT ( A ) IN THE FIRST COLUMN OF ANNEX III TO REGULATION ( EEC ) NO 2044/75 , " 12TH MONTH " IS REPLACED BY " 16TH MONTH " .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 3 MARCH 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .

( 2 ) OJ NO L 303 , 28 . 11 . 1977 , P . 1 .

( 3 ) OJ NO L 213 , 11 . 8 . 1975 , P . 15 .

( 4 ) OJ NO L 154 , 23 . 6 . 1977 , P . 22 .

( 5 ) OJ NO L 25 , 31 . 1 . 1975 , P . 10 .

( 6 ) OJ NO L 162 , 1 . 7 . 1977 , P . 11 .