Commission Regulation (EC) No 2307/98 of 26 October 1998 on the issue of export licences for dog and cat food falling within CN code 2309 10 90 qualifying for special import treatment in Switzerland
Date: 1998-10-26
Institutions: European Commission
Subjects: EU production, Switzerland, export licence, pet food, quantitative restriction, tariff exemption

L 288/8

EN

Official Journal of the European Communities

27. 10. 98

COMMISSION REGULATION (EC) No 2307/98

of 26 October 1998

on the issue of export licences for dog and cat food falling within CN code
2309 10 90 qualifying for special import treatment in Switzerland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2931/79
of 20 December 1979 on the granting of assistance for the
exportation of agricultural products which may benefit
from a special import treatment in a third country (1), and
in particular Article 1(2) thereof,

Whereas, as part of the consultations with Switzerland on
implementing the results of the Uruguay Round, agree-
ment has been reached on introducing a series of meas-
ures that provide, inter alia, for the duty-free import into
Switzerland of an annual quota of 6 000 tonnes of dog
and cat food of Community origin falling within CN
code 2309 10, including CN code 2309 10 90; whereas
the Swiss authorities are responsible for administering the
quota;

Whereas exports of dog and cat food falling within CN
code 2309 10 90 covered by Council Regulation (EEC)
No 827/68 (2), as last amended by Commission Regula-
tion (EC) No 195/96 (3), are not subject to the presenta-
tion of an export licence;

Whereas, to guarantee the Community origin of the prod-
ucts, export licences for dog and cat food benefiting from
special import treatment in Switzerland must be made
compulsory; whereas the issue of such licences must be
subject to the presentation by the exporter of a declara-
tion attesting to the Community origin of the product;

Whereas the licences provided for in this Regulation are
not intended to authorise exports but merely to prove the
Community origin of exported products; whereas it is
therefore unnecessary to provide for a security guaran-
teeing fulfilment of an obligation to export;

Whereas the provisions of
this Regulation are either
supplementary to, or derogate from, Commission Regula-
tion (EEC) No 3719/88 (4), as last amended by Regulation
(EC) No 1044/98 (5);

(1) OJ L 334, 28. 12. 1979, p. 8.
(2) OJ L 151, 30. 6. 1968, p. 16.
(3) OJ L 26, 2. 2. 1996, p. 13.
(4) OJ L 331, 2. 12. 1988, p. 1.
(5) OJ L 149, 20. 5. 1998, p. 11.

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

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down the detailed arrangements for
exports to Switzerland of dog and cat food of Community
origin falling within CN code 2309 10 90 and liable to
qualify for import into Switzerland duty free as part of an
annual quota of 6 000 tonnes of dog and cat food falling
within CN code 2309 10.

Article 2

The exports referred to in Article 1 shall be subject

1.
to the presentation of an AGREX export licence.

Licence applications shall be admissible only where

2.
the applicant:

— declares in writing that all the materials used in the
manufacture of the products for which the application
is made were obtained entirely within the European
Union,

authorities,

any further

— undertakes in writing to provide, at the request of the
competent
substantiation
which the latter consider necessary for the issuing of
the licence and to accept, where applicable, any
checks by those authorities of the accounts and of the
conditions under which the products concerned are
manufactured.

If the applicant is not himself the manufacturer of the
products, he shall present a similar statement and under-
taking by the manufacturer in support of his application.

3.
Box 20 of the licence and licence application shall
refer to this Regulation and contain the words ‘The
exported product does not qualify for a refund'.

Issue of

4.
lodging of a security.

the licence shall not be subject

to the

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Official Journal of the European Communities

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Licences shall be issued as soon as possible after

5.
applications are lodged.

8. Regulation (EEC) No 3719/88 shall apply, save as
otherwise provided in this Regulation.

6.
issue
Licences shall be valid from their date of
within the meaning of Article 21(1) of Regulation (EEC)
No 3719/88 until the following 31 December.

7. At the request of the party concerned, a certified
copy of the endorsed licence shall be issued.

Article 3

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

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

Done at Brussels, 26 October 1998.

For the Commission

Franz FISCHLER

Member of the Commission