Commission Regulation (EC) No 1132/98 of 29 May 1998 extending the validity of certain export licences for common wheat flour
Date: 1998-05-29
Institutions: European Commission
Subjects: cereal flour, common wheat, export licence, export refund

30. 5. 98

EN

Official Journal of the European Communities

L 157/97

COMMISSION REGULATION (EC) No 1132/98

of 29 May 1998

extending the validity of certain export licences for common wheat flour

THE 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 organisation of the
market in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Articles 9
and 13 thereof,

licences

significant numbers of export

Whereas
for
common wheat flour have been issued since 1 February
1998 with advance fixing of the refunds; whereas most of
these licences are due to expire on 30 June 1998; whereas
failure to export by that date would lead to the forfeit of
the security; whereas recourse to pre-financing on 30
June 1998 is the only way of avoiding forfeit of the
security; whereas such recourse to pre-financing is one of
the rights associated with the export licences;

Whereas the greater overall volume than in previous years
of stocks of various cereals already placed in intervention
or anticipated carry-over stocks on the open market on 30
June 1998 creates a shortfall in storage capacity in certain
regions; whereas the pre-financing system will be difficult
or impossible to apply in practice as a result;

Whereas the situation as described above means that
recourse cannot be had to the pre-financing system;
whereas additional quantities of wheat may be offered for
intervention as a result and will be added to the existing
significant quantities already offered for intervention at
the end of this marketing year;

Whereas arrangements
ensure that the operators can fully use their licences;

should therefore be made to

Whereas the planned measure must be non-discrimin-
atory through being applied in the same way in all
Member States by the operators who choose not to use
pre-financing on 30 June 1998; whereas extending the
validity of the export licences for common wheat flour is
one measure that will meet this objective; whereas, under
the circumstances and as an exceptional measure, the
validity of these licences should be extended for one and
half months at the request of the interested party;

Whereas, in order to ensure that this measure is fully
effective,
the refund fixed in advance must not be
adjusted by the break in the marketing year; whereas
provision should therefore be made to waive Article 12 of
Commission Regulation (EC) No 1162/95 (3), as
last
amended by Regulation (EC) No 444/98 (4), as regards the
break in the marketing year;

Whereas in order
to avoid any undue advantage or
penalty, the interested party applying for an extension
should confirm the value of the refund at 30 June 1998
for the quantity in question, which value will remain
unchanged until 15 August 1998; whereas any negative
correcting factors applying in July and August 1998 to
refunds fixed in advance on or after 1 February 1998
should therefore be cancelled; whereas there are no
for granting the
grounds under
monthly increase for the month of August; whereas the
interested party must
therefore agree to forego this
increase;

the circumstances

Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its
chairman,

HAS ADOPTED THIS REGULATION:

Article 1

At the request of the interested party, the validity of the
export licences for common wheat flour issued on or after
1 February 1998 with advance fixing of the export refund
shall be extended to 15 August 1998.

Moreover, at the request of the interested party, the neg-
ative correcting factors applying in July and August 1998
and the adjustment for the price break provided for in
Article 12(3) of Regulation (EC) No 1162/95 shall be
cancelled for the export licences for flour issued on or
after 1 February 1998.

These applications shall be valid only if submitted no
later than five working days after the publication of this
Regulation in the Official Journal of the European
Communities and if the interested party agrees to forego
the monthly increase in the refund for August 1998.

(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.

(3) OJ L 117, 24. 5. 1995, p. 2.
(4) OJ L 56, 26. 2. 1998, p. 12.

L 157/98

EN

Official Journal of the European Communities

30. 5. 98

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

Article 2

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

Done at Brussels, 29 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission