Commission Regulation (EC) No 726/98 of 31 March 1998 amending Regulation (EC) No 2543/95 laying down special detailed rules for the application of the system of export licences for olive oil
Date: 1998-03-31
Institutions: European Commission
Subjects: export licence, export refund, olive oil

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Official Journal of the European Communities

1. 4. 98

COMMISSION REGULATION (EC) No 726/98

of 31 March 1998

amending Regulation (EC) No 2543/95 laying down special detailed rules for the
application of the system of export licences for olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

concerned; whereas, to avoid that risk, special conditions
should apply to such cases;

Having regard to the Treaty establishing the European
Community,

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Oils and Fats,

Having regard to Council Regulation No 136/66/EEC of
22 September 1966 on the establishment of a common
in oils and fats (1), as last
organisation of
amended by Regulation (EC) No 1581/96 (2), and in par-
ticular Articles 2 and 3 thereof,

the market

Whereas Commission Regulation (EC) No 2543/95 (3), as
amended by Regulation (EC) No 2126/96 (4), lays down
special detailed rules for the application of the system of
licences for olive oil; whereas, with a view to
export
improving the way the system works, specific detailed
rules of application should be laid down for licences
without advance fixing of the refund,
in particular as
regards the rate of the security and the timetable for the
submission of application and the issuing of the licences;
whereas experience has shown that the amount of the
security and the periods for the submission of applica-
tions for licences and for their issue should be adjusted;
whereas in order not to interfere with the normal pattern
of exports without refunds the measures taken where
there is a risk that the quantities for normal disposal will
be exceeded should be restricted to exports licences
giving entitlement to the payment of a refund; whereas, in
order to monitor better the pattern of exports, the infor-
mation to be supplied by the Member States should be
specified;

Whereas the fourth indent of Article 5(1) of Commission
Regulation (EEC) No 3719/88 of 16 November 1988
laying down common detailed rules for the application of
the system of import and export licences and advance
fixing certificates
last
amended by Regulation (EC) No 1404/97 (6), states that
no licence shall be required for exports where the security
would be ECU 5 or less; whereas the low level of that
security for exports without refund means that a large
number of exports could be made without a licence,
the quantities
which would weaken monitoring of

for agricultural products (5), as

(1) OJ 172, 30. 9. 1966, p. 3025/66.
(2) OJ L 206, 16. 8. 1996, p. 11.
(3) OJ L 260, 31. 10. 1995, p. 33.
(4) OJ L 284, 6. 11. 1996, p. 15.
(5) OJ L 331, 2. 12. 1988, p. 1.
(6) OJ L 194, 23. 7. 1997, p. 5.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2543/95 is amended as follows:

1. In Article 2(2),

‘11-digit’ is replaced by ‘12-digit’.

2. In Article 2:

(1) paragraph 3 is replaced by:

‘3.

The security for export licences shall be:

(a) ECU 10 per 100 kilograms net in the case of
licences where the refund is fixed in advance;

(b) ECU 1 per 100 kilograms net in other cases.’;

(2) the following paragraph is added:

‘4. Notwithstanding the fourth indent of Article
5(1) of Regulation (EEC) No 3719/88, the licence is
not required when a quantity of 50 kilograms or
less is exported.’

3. In Article 3:

(1) paragraph 1 is replaced by:

Applications for export licences with advance
‘1.
fixing of
the refund must be lodged with the
competent authorities from Tuesday to Thursday of
each week. Applications lodged on Friday and
Monday shall be deemed to have been lodged on
the following Tuesday.’;

(2) the first subparagraph of paragraph 2 is replaced

by:

‘2.
Export licences with advance fixing of the
refund shall be issued on the first working day
from the Tuesday of the week following the period
referred to in paragraph 1, provided that none of
the particular measures referred to in paragraph 3
have since been taken by the Commission.’;

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(3) the last sentence of paragraph 3 is replaced by:

‘These measures relate to export
licences with
advance fixing of the refund and vary according to
the product code in the nomenclature of agricul-
tural products for export refunds.’;

(4) in the last

is
indent of Article 3(5),
replaced by ‘Tuesday’ and the following sentence is
added:

‘Monday’

‘Where the single percentage of acceptance less
than 80 % concerns only licences conferring enti-
tlement to a refund, the operator may request that
a licence not giving entitlement to a refund be
issued for the remaining quantity within the same
time limit.’;

(5) the following paragraph is added:

for

export

Applications

‘6.
licences without
advance fixing of the refund shall be lodged with
the competent authorities from Monday to Friday
of each week. The licences shall be issued immedi-
ately.’

4. Article 5 is amended as follows:

(1) in the introductory part of paragraph 1, ‘Thursday’

is replaced by ‘Friday’;

(2) paragraph 1(a) is replaced by:

‘(a) applications for export licences with advance
fixing of the refund lodged from Tuesday to
Thursday in accordance with Article 3(1);’

(3) in paragraph 1(b),

‘on the preceding Monday’ is
replaced by ‘between the previous Friday and the
listing licences with
Thursday of

that week,

advance fixing of the refund and those without
advance fixing of the refund separately’;

(4) in paragraph 2, the part of the sentence preceding

the indents is replaced by:

‘The notification of the applications referred to in
paragraph 1(a) and, where Article 3(5) applies, the
information referred to in paragraph 1(b) shall
specify’;

(5)

‘where appropriate,’ is added before ‘the rate’ in the
third indent of paragraph 2;

(6) the following subparagraph is added to paragraph

2:

‘This information shall be given separately where
the licences are to be issued for food aid opera-
tions.’;

(7) the following is added at the end of paragraph 3:

‘. . ., stating the marketing year during which the
licence was issued.’

5. Parts B and D of the Annex are replaced by those in

the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the
European Communities.

It shall apply from 18 April 1998.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 31 March 1998.

For the Commission

Franz FISCHLER

Member of the Commission

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ANNEX

‘— Part B — Weekly notification

(a) Licences with advance fixing of the refund:

Category

Total quantities issued
by categories between the
previous Friday and the
Thursday of that week (1)

Rate of refund
(ECU/100 kg)

(1) Where Article 3(5) applies, state the date on which the application for a licence was lodged and the percentage

applied.

(b) Licences without advance fixing of the refund:

Category

Total quantities issued
by categories between the
previous Friday and the
Thursday of that week

’

‘— Part D — Monthly notification

Category

Unused
quantities

Marketing year
during which
the licence
was issued

Refund fixed
in advance

Total amount
of refunds fixed
in advance

’