Commission Regulation (EC) No 2137/95 of 7 September 1995 amending Regulation (EEC) No 3719/88 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products
Date: 1995-09-07
Institutions: European Commission
Subjects: agricultural product, customs formalities, export, export licence, export refund













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31995R2137

Commission Regulation (EC) No 2137/95 of 7 September 1995 amending Regulation (EEC) No 3719/88 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products  


Official Journal L 214 , 08/09/1995 P. 0021 - 0021 





COMMISSION REGULATION  (EC) No 2137/95 of 7 September 1995 amending Regulation (EEC) No 3719/88 laying down common  detailed rules for the application of the system of import and export licences and advance fixing  certificates for agricultural productsTHE 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 Regulation (EC) No 1863/95  (2), and in particular  Article 9 (2) and Article 13 (11) thereof, as well as the corresponding provisions in other  Regulations on the common organization of the market in agricultural products, Whereas Article 23 (1) of Commission Regulation (EEC) No 3719/88  (3), as last amended by  Regulation (EC) No 1199/95  (4), provides that where products exported are not subject to the  production of an export licence and a licence is not required for those products in order for them  to benefit from advance fixing of the refund, a Member State may establish a simplified procedure  under which the advance fixing certificate may be kept by the authority in the Member State which  is competent both for issuing the certificate and paying the refund, without the certificate having  to be presented to the exporting customs authorities; whereas that simplified procedure was  provided for because, in the case of an advance fixing certificate, all that is needed is a method  of fixing the refund in advance, not a real export licence; Whereas Council Regulation (EC) No 3290/94  (5) provides that the refund must only be granted where  an application is submitted and an export licence including advance fixing of the refund is  presented; whereas, in the case of several products, a licence is only required for the granting of  the refund; Whereas the terms 'advance fixing certificate` and 'export licence including advance fixing of the  refund` as they appear in the different language versions of Community agricultural legislation may  create confusions concerning the scope of application of Article 23 of Regulation (EEC) No 3719/88;  whereas the conditions of application of that Article should therefore be made clear; Whereas the measures provided for in this Regulation are in accordance with the opinions of the  Management Committees concerned, HAS ADOPTED THIS REGULATION: Article 1 A fifth paragraph is added to Article 23 of Regulation (EEC) No  3719/88 as follows: '5.  This Article shall also apply to products for which an export licence comprising advance  fixing of the refund is only required for the granting of the refund.` Article 2 This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities. It shall apply from 1 July 1995. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 7 September 1995. For the Commission Franz FISCHLER Member of the Commission