Commission Regulation (EC) No 1479/98 of 10 July 1998 amending Regulation (EC) No 1223/94 laying down special detailed rules for the application of the system of advance-fixing certificates for certain agricultural products exported in the form of goods not covered by Annex II to the Treaty
Date: 1998-07-10
Institutions: European Commission
Subjects: animal protein, egg, export licence, glucose, maize, syrup

11. 7. 98

EN

Official Journal of the European Communities

L 195/9

COMMISSION REGULATION (EC) No 1479/98

of 10 July 1998

amending Regulation (EC) No 1223/94 laying down special detailed rules for the
application of the system of advance-fixing certificates for certain agricultural
products exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3448/93 of
6 December 1993 laying down the trade arrangements
applicable to certain goods resulting from the processing
of agricultural products (1), as amended by Regulation
(EC) No 1097/98 (2), and in particular the first indent of
Article 8(3) thereof,

Whereas Commission Regulation (EC) No 1223/94 of 30
May 1994 laying down special detailed rules for the
application of the system of advance-fixing certificates for
certain agricultural products exported in the form of
goods not covered by Annex II to the Treaty (3), as last
amended by Regulation (EC) No 1054/98 (4), provides that
advance-fixing certificates for cereals are valid until the
end of the fifth month following the month in which the
application was lodged;

1516/96 (6); whereas the amount of the security applicable
to eggs in shell exported in the form of ovalbumin should
accordingly be extended to all products covered by Regu-
lation (EEC) No 2771/75;

Whereas the advance-fixing certificates issued pursuant to
Regulation (EC) No 1223/94 are not export certificates;
whereas it must therefore be specified that the provisions
of Article 33(3)(b)(i) of Commission Regulation (EEC) No
3719/88 (7), as last amended by Regulation (EC) No 1044/
98 (8) do not apply;

Whereas the measures provided for in this Regulation are
the Management
in accordance with the opinion of
Committee on horizontal questions concerning trade in
processed agricultural products not listed in Annex II,

HAS ADOPTED THIS REGULATION:

Whereas glucose is deemed to be derived from maize,
although it can be produced from maize, potatoes or
wheat;

Article 1

Whereas the use during the new wheat year but before
the end of the old maize year of an advance-fixing certi-
ficate obtained during the old wheat year can result in an
economic advantage which no longer corresponds to the
purpose of the refunds; whereas, where advance-fixing
certificates for maize are used to export glucose,
the
period of validity should accordingly be limited to the
end of the wheat year (30 June);

Whereas glucose prices are adjusted gradually to the new
year’s production; whereas
advance-fixing certificates
issued from July to September should therefore be valid
for a limited period;

Whereas from 1 June 1998 refund rates can be fixed in
advance for all eggs exported in the form of goods listed
in Annex I to Council Regulation (EEC) No 2771/75 (5),
as last amended by Commission Regulation (EC) No

(1) OJ L 318, 20. 12. 1993, p. 18.
(2) OJ L 157, 30. 5. 1998, p. 1.
(3) OJ L 136, 31. 5. 1994, p. 33.
(4) OJ L 151, 21. 5. 1998, p. 19.
(5) OJ L 282, 1. 11. 1975, p. 49.

Regulation (EC) No 1223/94 is hereby amended as
follows:

1. In Article 4(2) the following point (d) is added:

‘(d) with regard to maize exported in the form of
glucose, glucose syrup, maltodextrine or maltodex-
trine syrup falling within CN codes 1702 30 51,
1702 30 59, 1702 30 91, 1702 30 99, 1702 40 90,
1702 90 50,
and
2106 90 55:

1702 90 75,

1702 90 79

(cid:190) certificates applied for before 26 June shall be

valid until 30 June at the latest,

(cid:190) certificates applied for from 26 June to 30
September shall be valid until the end of the
30th day following the day of issue.

The validity of
shall not be
changed where the maize is exported in other
forms.';

such certificates

(6) OJ L 189, 30. 7. 1996, p. 99.
(7) OJ L 331, 5. 12. 1988, p. 1.
(8) OJ L 149, 20. 5. 1998, p. 11.

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Official Journal of the European Communities

11. 7. 98

2. the existing text of Article 7 becomes paragraph 1, and

the following paragraph 2 is added:

‘2.
Article 33(3)(b)(i) of Regulation (EEC) No 3719/
88 shall not apply to certificates issued pursuant to this
Regulation.';

3. in Article 9, in the fourth line of the table, in the
column headed ‘Description of basic products',
‘Poultry eggs in shell, fresh or preserved, other than for
is
hatching, exported in the form of ovalbumin'
replaced by ‘Products covered by Regulation (EEC) No
2771/75 (eggs)'.

Article 2

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

Where the person concerned so requests, Article 1(2) shall
apply to securities in respect of which the file is still open
on the date 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, 10 July 1998.

For the Commission

Martin BANGEMANN

Member of the Commission