Commission Regulation (EC) No 1044/98 of 19 May 1998 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: 1998-05-19
Institutions: European Commission
Subjects: agricultural product, export licence, import licence, tariff preference

20. 5. 98

EN

Official Journal of the European Communities

L 149/11

COMMISSION REGULATION (EC) No 1044/98

of 19 May 1998

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

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 organisation of the
market in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Articles
9(2) and 23 thereof, and to the corresponding provisions
of the other regulations establishing a common organ-
isation of the markets in agricultural products,

Whereas Article 16a of Commission Regulation (EEC) No
3719/88 (3), as last amended by Regulation (EC) No 1033/
98 (4), provides for computerised and electronic systems to
be used for issuing and administering licences and cer-
tificates; whereas a legal framework should be laid down
to allow such systems to be used more flexibly and more
widely;

Whereas Article 33 of Regulation (EEC) No 3719/88
provides for a period of six months within which proof
must be provided that products exported have left the
customs territory of the Community or have reached a
specified destination; whereas in order to simplify the task
of exporters, that time limit should be increased so that it
is no shorter than that for the furnishing of the same
proof as regards export refunds;

Article 1

Regulation (EEC) No 3719/88 is hereby amended as
follows:

1. Article 16a(2) is replaced by the following:

‘2. Where titular holders or transferees of licences or
certificates need to use the electronic form thereof in a
Member State which is not linked to the computerised
issuing system, they shall request an extract therefrom.

Such extracts shall be issued without delay and at no
additional cost in the form provided for in Article 16.

In Member States linked to the computerised issuing
system, such extracts shall, where applicable, be used
in the form of the paper extract.';

2. in the second indent of Article 33(3)(a) and Article

33(4),

‘six months' is replaced by ‘12 months'.

Article 2

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

Whereas the measures provided for in this Regulation are
in accordance with the opinion of the relevant manage-
ment committees,

However, Article 1(2) shall also apply to licences and
certificates still valid on the day of entry into force of this
Regulation.

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

Done at Brussels, 19 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 331, 2. 12. 1988, p. 1.
(4) OJ L 148, 19. 5. 1998, p. 4.