Commission Regulation (EC) No 1372/95 of 16 June 1995 laying down detailed rules for implementing the system of export licences in the poultrymeat sector
Date: 1995-06-16
Institutions: European Commission
Subjects: animal breeding, exchange of information, export licence, export refund, poultry, poultrymeat













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31995R1372

Commission Regulation (EC) No 1372/95 of 16 June 1995 laying down detailed rules for implementing the system of export licences in the poultrymeat sector  


Official Journal L 133 , 17/06/1995 P. 0026 - 0035 





COMMISSION  REGULATION (EC) No 1372/95 of 16 June 1995 laying down detailed rules for implementing the system  of export licences in the poultrymeat sectorTHE COMMISSION OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organization  of the market in poultrymeat  (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 3 (2), 8 (12) and 15  thereof, Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and  transitional arrangements required in the agricultural sector in order to implement the agreements  concluded during the Uruguay Round of multilateral trade negotiations, and in particular Article 3  (1) thereof, Whereas Regulation (EEC) No 2777/75 provides that from 1 July 1995 all exports for which export  refunds are requested, with the exception of exports of day-old chicks, shall be subject to the  presentation of an export licence with advance fixing of the refund; whereas therefore specific  implementing rules should be laid down for the poultrymeat sector which should, in particular,  include provisions for the submission of the applications and the information which must appear on  the applications and licences, in addition to those contained in Commission Regulation (EEC) No  3719/88 of of 16 November 1988 laying down common detailed rules for the application of the system  of import and export licences and advance fixing licences for agricultural products  (3), as last  amended by Regulation (EC) No 1199/95  (4); Whereas, in order to assure proper administration of the system, the rate of the security for  export licences under the said system should be fixed; whereas in view of the risk of speculation  inherent in the system in the poultrymeat sector, export licences should not be transferable and  precise conditions governing access by traders to the said system should be laid down; whereas it  is necessary for particular conditions of access in the case of export licences for certain  traditional markets in order to limit speculative applications which could put at risk the  production which is specifically destined for those markets for a transitional period; Whereas Article 8 (11) of Regulation (EEC) No 2777/75 provides that compliance with the obligations  arising from agreements concluded during the Uruguay Round of multilateral trade negotiations  regarding the export volume shall be ensured on the basis of the export licences; whereas therefore  a detailed schedule for the lodging of applications and 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 appreciate the quantities applied for as well as the expenditure involved and, if appropriate,  to take specific measures applicable in particular to the applications which are pending; whereas  it is in the interest of traders to allow the licence application to be withdrawn after the  acceptance coefficient has been fixed; Whereas, in the case of applications concerning quantities equal to or less than 25 tonnes, the  export licence should be issued immediately if the trader requests it; whereas these licences,  however, should benefit from refunds only in accordance with the measures which the Commission  might possibly have taken for the period in question; Whereas in order to ensure an exact follow up of the quantities to be exported, a derogation from  the rules regarding the tolerances laid down in Regulation (EEC) No 3719/88 should be laid down; Whereas the Commission must dispose of precise information concerning applications for licences and  of the use of licences issued, in order to be able to manage this system; whereas, in the interests  of efficient administration, the notifications from Member States to the Commission should be made  according to a uniform model; Whereas to avoid any interruption of exports at the time of entry into force of the Agreement on  Agriculture of the Uruguay Round, authorization should be given for export licences to be applied  for and issued before the date of the entry into force of this Agreement, but for use after that  date; Whereas Article 8 (6) of Regulation (EEC) No 2777/75 provides that for day-old chicks export  refunds may be granted on the basis of an 'ex-post` export licence; whereas therefore implementing  rules for such a system should be laid down with the aim of ensuring efficient verification that  the obligations arising from the agreements concluded in the framework of the Uruguay Round  negotiations are complied with; whereas, however, it would appear unnecessary to require the  lodging of a security in the case of licences applied for after exportation; Whereas the provisions of Commission Regulation (EEC) No 572/73 of 26 February 1973 establishing  egg and poultrymeat products eligible for the advance fixing of export refunds  (1), as last  amended by Regulation (EC) No 3501/93  (2), and of Commission Regulation (EEC) No 3652/81 of 18  December 1981 laying down detailed rules for implementing the system of advance fixing certificates  for refunds in the poultrymeat and eggs sector  (3), as last amended by Regulation (EC) No 1030/95   (4), are replaced by the provisions of this Regulation and of Commission Regulation (EEC) No  1371/95  (5) laying down detailed rules for implementing the system of export licences in the egg  sector; whereas the abovementioned Regulations should therefore be repealed as from the date of  entry into force of the Agreement on Agriculture of the Uruguay Round; Whereas the Management Committee for Poultrymeat and Eggs has not delivered an opinion within the  time limit set by the chairman, HAS ADOPTED THIS REGULATION: Article 1 As from 1 July 1995, all exports of products in the poultrymeat  sector for which an export refund is requested, with the exception of chicks falling within CN  codes 0105  11 and 0105  19, shall be subject to the presentation of an export licence with advance  fixing of the refund, in accordance with the provisions of Articles 2 to 8. 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 second 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 11-digit product code of the agricultural product nomenclature for  export refunds. 3.  The categories of products referred to in the second subparagraph of Article 13a of Regulation  (EEC) No 3719/88, as well as the rate of the security for export licences, are set out in Annex I. 4.  Applications for licences and licences shall bear, in section 20, at least one of the  following: -  Reglamento (CE) n° 1372/95, -  Forordning (EF) nr. 1372/95, -  Verordnung (EG) Nr. 1372/95, -  Êáíïíéóìueò (AAÊ) áñéè. 1372/95, -  Regulation (EC) No 1372/95, -  Règlement (CE) n° 1372/95, -  Regolamento (CE) n. 1372/95, -  Verordening (EG) nr. 1372/95, -  Regulamento (CE) nº 1372/95, -  Asetus (EY) N :o 1372/95, -  Foerordning (EG) nr 1372/95. Article 3 1.  Applications for export licences must be lodged with the competent authorities form  Monday and Wednesday of each week. 2.  Applicants for export licences must be natural or legal persons who, at the time applications  are submitted, are able to prove to the satisfaction of the competent authorities in the Member  States that they have been engaged in trade in the poultrymeat sector for at least 12 months.  However, retail establishments or restaurants selling their products to end consumers may not lodge  applications. As regards exports to countries referred to in Annex IV, until 30 June 1996 export licences may be  applied for only by natural or legal persons who are able to prove to the satisfaction of the  competent authorities in the Member States that they have exported not less than 1  000 tonnes of  products falling within CN codes 0207, 1602  20, 1602  31 and 1602  39 in each of the two calendar  years preceding the year in which the licence application was lodged. 3.  Export licences are issued on the Monday following the period referred to in paragraph 1,  provided that none of the particular measures referred to in paragraph 4 have since been taken by  the Commission. 4.  Where applications for export licences concern quantities and/or expenditure which exceed the  normal trade patterns or where there is a risk that they will be exceeded, taking account of the  limits referred to in Article 8 (11) of Regulation (EC) No 2777/75 and/or the corresponding  expenditure during the period in question, 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 period may be decided in accordance with the procedure provided for in  Article 17 of Regulation (EEC) No 2777/75. In these cases, applications for export licences lodged  during the suspension period shall be inadmissible. These measures may be adjusted according to the category of product. 5.  Where quantities applied for are rejected or reduced, the security shall be released  immediately for all quantities for which an application was not satisfied. 6.  Notwithstanding paragraph 3, where a single percentage of acceptance less than 80 per cent is  set, the licence shall be issued at the latest by the 11th working day following publication of  that percentage in the Official 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 than the Monday following the lodging of the licence application. Article 4 1.  Where the applications referred to in Article 3 (1) relate to 25 tonnes or less,  and if the operator requests it at the same time, the competent authority shall immediately issue  the licence applied for by indicating in section 22 at least one of the following: -  Certificado de exportación sin perjuicio de medidas especiales de conformidad con el apartado 4  del artículo 3 del Reglamento (CE) n° 1372/95, -  Eksportlicens udstedt med forbehold af saerforanstaltninger i henhold til artikel 3, stk. 4, i  forordning (EF) nr. 1372/95, -  Ausfuhrlizenz, erteilt unter Vorbehalt der besonderen Massnahmen gemaess Artikel 3 Absatz 4 der  Verordnung (EG) Nr. 1372/95, -  Ðéóôïðïéçôéêue aaîáãùãÞò ðïõ aaêaessaeaaôáé ìaa ôçí aaðéoeýëáîç ôùí aaéaeéêþí ìÝôñùí óýìoeùíá ìaa ôï UEñèñï 3  ðáñUEãñáoeïò 4 ôïõ êáíïíéóìïý (AAÊ) áñéè. 1372/95, -  Export licence issued subject to any particular measures taken under Article 3 (4) of Regulation  (EC) No 1372/95, -  Certificat d'exportation délivré sous réserve de mesures particulières conformément à l'article  3 paragraphe 4 du règlement (CE) n° 1372/95, -  Titolo d'esportazione rilasciato sotto riserva d'adozione di misure specifiche a norma  dell'articolo 3, paragrafo 4 del regolamento (CE) n. 1372/95, -  Uitvoercertificaat afgegeven onder voorbehoud van bijzondere maatregelen zoals bedoeld in  artikel 3, lid 4, van Verordening (EG) nr. 1372/95, -  Certificado de exportação emitido sem prejuízo de medidas especiais em conformidade com o nº 4  do artigo 3º do Regulamento (CE) nº 1372/95, -  Vientitodistus myoennetty, jollei asetuksen (EY) N :o 1372/95 3 artiklan 4 kohdan mukaisista  erityistoimenpiteistae muuta johdu, -  Exportlicens utfaerdad med foerbehaall foer saerskilda aatgaerder med stoed av artikel 3.4 i foerordning  (EG) nr 1372/95. 2.  From the Monday following the week during which the applications referred to in Article 3 (1)  were lodged, the competent authority, upon the request of the operator concerned, shall, in the  light of the particular measures taken under Article 3 (4) for the week in question, amend the  licence issued. To this end, it shall cancel the indication referred to in paragraph 1 and shall  indicate in section 22 at least one of the following: (a)  if particular measures have not been taken or if a single percentage of acceptance has been  set: -  Certificado de exportación con fijación anticipada de la restitución por una cantidad de [  .  .   .  ] toneladas de los productos que se indican en las casillas 17 y 18, -  Eksportlicens med forudfastsaettelse af eksportrestitution for en maengde paa [  .  .  .  ] tons af  de i rubrik 17 og 18 anfoerte produkter, -  Ausfuhrlizenz mit Vorausfestsetzung der Erstattung fuer eine Menge von [  .  .  .  ] Tonnen der  in Feld 17 und 18 genannten Erzeugnisse, -  Ðéóôïðïéçôéêue aaîáãùãÞò ðïõ ðaañéëáìâUEíaaé ôïí ðñïêáèïñéóìue ôçò aaðéóôñïoeÞò ãéá ìssá ðïóueôçôá [  .  .   .  ] ôueíùí ðñïúueíôùí ðïõ aaìoeássíïíôáé óôá ôaaôñáãùíssaeéá 17 êáé 18, -  Export licence with advance fixing of the refund for a quantity of [  .  .  .  ] tonnes of the  products shown in sections 17 and 18, -  Certificat d'exportation comportant fixation à l'avance de la restitution pour une quantité de [   .  .  .  ] tonnes de produits figurant aux cases 17 et 18, -  Titolo d'esportazione recante fissazione anticipata della restituzione per un quantitativo di [   .  .  .  ] t di prodotti indicati nelle caselle 17 e 18, -  Uitvoercertificaat met vaststelling vooraf van de restitutie voor [  .  .  .  ] ton produkt  vermeld in de vakken 17 en 18, -  Certificado de exportação com prefixação da restituição para uma quantidade de [  .  .  .  ]  toneladas de produtos constantes das casas 17 e 18, -  Vientitodistus, johon sisaeltyy tuen ennakkovahvistus [  .  .  .  ] tonnille kohdassa 17 ja 18  mainittuja tuotteita, -  Exportlicens med foerutfaststaellelse av exportbidrag foer en kvantitet av [  .  .  .  ] ton av de  produkter som naemns i faelt 17 och 18. (b)  if the applications for licences have been rejected: -  Certificado de exportación sin derecho a restitución, -  Eksportlicens, der ikke giver ret til eksportrestitution, -  Ausfuhrlizenz ohne Anspruch auf Erstattung, -  Ðéóôïðïéçôéêue aaîáãùãÞò ÷ùñssò aeéêássùìá ãéá ïðïéáaeÞðïôaa aaðéóôñïoeÞ, -  Export licence without entitlement to any refund, -  Certificat d'exportation ne donnant droit à aucune restitution, -  Titolo d'esportazione che non dà diritto ad alcuna restituzione, -  Uitvoercertificaat dat geen recht op een restitutie geeft, -  Certificado de exportação que não dá direito a qualquer restituição, -  Vientitodistus ei oikeuta tukeen, -  Exportlicens som inte ger raett till exportbidrag. 3.  Exports which are effected on the basis of licences issued under this Article shall benefit  from a refund only in accordance with the indication inserted under point (a) of paragaph 2. Article 5 Export licences shall not be transferable. Article 6 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 indicated: -  Restitución válida por [  .  .  .  ] toneladas (cantidad por la que se expida el certificado), -  Restitutionen omfatter [  .  .  .  ] t (den maengde, licensen vedroerer), -  Erstattung gueltig fuer [  .  .  .  ] Tonnen (Menge, fuer welche die Lizenz ausgestellt wurde), -  AAðéóôñïoeÞ éó÷ýïõóá ãéá [  .  .  .  ] ôueíïõò (ðïóueôçôá ãéá ôçí ïðïssá Ý÷aaé Ýêaeïèaass ôï  ðéóôïðïéçôéêue), -  Refund valid for [  .  .  .  ] tonnes (quantity for which the licence is issued), -  Restitution valable pour [  .  .  .  ] tonnes (quantité pour laquelle le certificat 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 (maeaerae, jolle todistus on myoennetty), -  Ger raett till exportbidrag foer [  .  .  .  ] ton (den kvantitet foer vilken licensen utfaerdats). Article 7 1.  Member States shall communicate to the Commission, each Wednesday from 1 p.m., by  fax: (a)  the applications for export licences with advance fixing of refunds referred to in Article 1  which were lodged from Monday to Wednesday of the same week; (b)  the quantities for which export licences have been issued on the preceding Monday; (c)  the quantities for which applications for export licences have been withdrawn under Article 3  (6) during the preceding week. 2.  The notification of the applications referred to in point (a) of paragraph 1 shall specify: -  the quantity in product weight for each category referred to in Article 2 (3), -  the breakdown by destination of the quantity for each category in the case where the rate of  refund varies according to the destination, -  the rate of refund applicable, -  the total amount of refund prefixed in ECU per category. 3.  Member States shall communicate to the Commission on a monthly basis following the expiry of  validity of export licences the quantity of unused export licences. 4.  Applications referred to in paragraphs 1 and 3, including 'nil` notifications, shall be made in  accordance with the model set out in Annex II. Article 8 Applications for export licences to be used for exports as from 1 July 1995, may be  lodged as from 19 June 1995. Article 9 1.  For chicks falling within CN codes 0105  11 and 0105  19, operators shall declare  at the time when customs formalities for exports are fulfilled, that they intend to claim an export  refund. 2.  Not later than one working day after exporting, operators shall lodge with the competent  authority the application for an 'ex-post` export licence for the chicks exported. In section 22 of  the licence application and of the licence, shall be indicated the term 'ex-post` together with the  customs office where customs formalities have been fulfilled as well as the date on which they took  place. By derogation from Article 14 (2) of Regulation (EEC) No 3719/88 no security shall be required. 3.  Member States shall communicate to the Commission, each Monday before 1 p.m., by fax, the  number of 'ex-post` export licences applied for or the absence of such applications, during the  preceding week. The notifications shall be made in accordance with the model set out in Annex III  and shall specify, where applicable, the details referred to in Article 7 (2). 4.  'Ex-post` export licences shall be issued each following Wednesday, provided that none of the  particular measures referred to in Article 3 (4) are taken by the Commission after the export  concerned. Where such measures are taken they shall apply to the exports already carried out. This licence accords entitlement to payment of the refund applicable on the day on which the  customs formalities for exports were fulfilled. 5.  Article 22 of Regulation (EEC) No 3719/88 shall not apply to the 'ex-post` licences referred to  in paragraphs 1 to 4. The licences shall be presented directly by the interested party to the agency in charge of the  payment of export refunds. This agency shall attribute and stamp the licence. Article 10 Regulations (EEC) No 572/73 and (EEC) No 3652/81 are repealed. Regulation (EEC) No 3652/81 shall remain applicable, however, for advance fixing certificates  issued before 1  July 1995 pursuant to that Regulation. Article 11 This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities. It shall apply to the export licences referred to in Article 1 as from 19 June 1995. The provisions of Articles 4, 9 and 10, however, shall apply from 1 July 1995. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 16 June 1995. For the Commission Franz FISCHLER Member of the Commission  ANNEX I >TABLE> ANNEX II >START OF GRAPHIC>Application of Regulation (EC) No 1372/95 COMMISSION OF THE EUROPEAN COMMUNITIES - DG VI/D/3 PPoultrymeat sector Application for export licences PPoultrymeat Sender: Date: Period: Monday .  .  . to Wednesday .  .  . Member State: Person to contact: Telephone: Fax: Addressee: DG VI/D/3 - fax: (322)  296  62  79 or 296  12  27 -  Part A - Weekly notification (to complete separately for each category)     Category Quantity Destination Rate of refund (ECU/100 kg) Total amount of prefixed refunds                                                        Total per category              Category Total quantities applied for by categories               -  Part B - Weekly notification  Category Total quantities issued by categories on Monday               -  Part C - Weekly notification  Category Total quantities withdrawn by categories during the previous week               -  Part D - Monthly notification  Category Unused quantities             >END OF GRAPHIC> ANNEX III >START OF GRAPHIC>Application of Regulation (EC) No 1372/95 COMMISSION OF THE EUROPEAN COMMUNITIES - DG VI/D/3 - Poultrymeat sector Application for ex-post export licences - Chicks Sender: Date: Period: Monday.  .  . to Friday.  .  . Member State: Person to contact: Telephone: Fax: Addressee: DG VI/D/3, fax: (322)  296  62  79 or 296  12  27 Weekly notification (to be completed separately for each category)     Category Quantity Destination Rate of refund (ECU/100 pieces) Total amount of prefixed refunds                                                        Total per category              Category Total quantities applied for by categories               >END OF GRAPHIC> ANNEX IV Angola Egypt Saudi Arabia Kuwait Bahrain Qatar Oman United Arab Emirates Jordan Republic of Yemen Lebanon Syria