Commission Regulation (EC) No 2110/2000 of 4 October 2000 amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice
Date: 2000-10-04
Institutions: European Commission
Subjects: ACP countries, cereal product, cereals, export licence, import licence, rice

5.10.2000

EN

Official Journal of the European Communities

L 250/23

COMMISSION REGULATION (EC) No 2110/2000

of 4 October 2000

amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the
system of import and export licences for cereals and rice

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 Regulation (EC) No 1666/
2000 (2), and in particular Article 13(11) thereof,

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (3), as last amended by Regulation (EC) No 1667/2000 (4),
and in particular Articles 9(2) and 13(15) thereof,

Whereas:

(1)

(2)

(3)

following the submission of

Article 7(3) of Commission Regulation (EC) No 1162/
95 (5),
last amended by Regulation (EC) No 1432/
1999 (6), lays down the conditions under which export
licences for products in the cereals and rice sectors are
to be issued. The Commission may, within three
working days
licence
applications, decide not to grant applications. Such a
measure may in some cases disrupt the continuity of
supplies of products in respect of which regular supplies
are necessary. To remedy that situation, operators so
requesting should be given the opportunity to obtain an
export licence without refund. However, special condi-
tions of use must be attached to such licences.

Article 13(7) of Regulation (EEC) No 1766/92 and
Article 13(11) of Regulation (EC) No 3072/95 stipulate
that the provisions of those Articles relating to refunds
may be waived in respect of products eligible for refunds
as part of food aid operations. The rate of the refund
applicable to national supplies eligible for export refunds
as part of food aid operations should therefore be deter-
mined.

Article 12(1) of Regulation (EC) No 1162/95 lays down
the method for calculating the refund for the products
referred to in Article 1(1)(a) and (b) of Regulation (EEC)
No 1766/92. Paragraph 2 of that Article lays down a
different calculation method where the term of validity
of the export licence extends beyond the end of the
marketing year. The two paragraphs lay down reference

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 193, 29.7.2000, p. 1.
(3) OJ L 329, 30.12.1995, p. 18.
(4) OJ L 193, 29.7.2000, p. 3.
(5) OJ L 117, 24.5.1995, p. 2.
(6) OJ L 166, 1.7.1999, p. 56.

periods for maize and grain sorghum which are different
from those for other cereals. Article 12(4) and (5)
provide for a similar system for rice.

Since the adoption of the Regulation, it has been found
that those provisions could be applied in different ways
by the Member States and this could result in distortion
of competition between operators. The provisions must
therefore be clarified so that
they can be applied
uniformly throughout the Community.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

(4)

(5)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1162/95 is amended as follows:

1.

in Article 7, the following paragraph is added:

‘3 a. Without prejudice to Article 16 of Regulation (EEC)
No 1766/92, at the request of operators, export licences
without refund shall be issued on the day of submission of
applications, except where an export duty is applicable to
the product in question on the day of submission.

Where, at the time of export, an export duty has been fixed
for the product covered by licences issued pursuant to the
first subparagraph, that duty shall apply.

Such export licences shall be valid for 30 days from the day
of issue.

One of the following wordings shall be entered in Section
22 of the licence:

— Limitación establecida en el apartado 3 bis del artículo 7

del Reglamento (CE) no 1162/95

— Begrænsning, jf. artikel 7, stk. 3a, i forordning (EF) nr.

1162/95

— Kürzung der Gültigkeitsdauer nach Artikel 7 Absatz 3a,

der Verordnung (EG) Nr. 1162/95

— Περιορισµός που προβλέπεται στο άρθρο 7 παράγραφος 3α

του κανονισµού (ΕΚ) αριθ. 1162/95

— Limitation provided for in Article 7(3a) of Regulation

(EC) No 1162/95

L 250/24

EN

Official Journal of the European Communities

5.10.2000

— Limitation prévue à l'article 7, paragraphe 3 bis, du

règlement (CE) no 1162/95

Where the price break is greater than the refund in ques-
tion, the corrected refund shall be reduced to zero.

— Limitazione prevista all'articolo 7, paragrafo 3 bis, del

regolamento (CE) n. 1162/95

— Beperking als bepaald in artikel 7, lid 3 bis, van Verord-

ening (EG) nr. 1162/95

— Limitação estabelecida no n.o 3A do artigo 7.o do Regu-

lamento (CE) n.o 1162/95

— Asetuksen (EY) N:o 1162/95 7 artiklan 3 a kohdassa

säädetty rajoitus

— Begränsning enligt artikel 7.3a i

förordning (EG) nr

1162/95’;

2. Article 10(a) is replaced by the following:

‘(a) EUR 1 per tonne in the case of import licences to
which the fourth indent of Article 10(4) of Regulation
(EEC) No 1766/92 does not apply and of products
covered by Council Regulation (EC) No 3072/95 (*) and
EUR 5 per tonne in the case of export licences:

— for a product for which, on the day of submission
of the application, no export refund or duty has
been fixed,

— for a product for which the export refund or duty is

not fixed in advance,

— issued pursuant to Article 7(3a) of this Regulation;

(*) OJ L 329, 30.12.1995, p. 18.’

3. The following Article 11a is added:

‘Article 11a

The rate of refund applicable to national food-aid supplies
shall be that applying on the day on which the Member
State opens the invitation to tender for the supply in
question.’

4. Article 12(2) is replaced by the following:

‘2. Where the term of validity of
licences extends
beyond the end of the marketing year and export occurs
refunds on products
in the following marketing year,
listed in Article 1(1)(a) and (b) of Regulation (EEC) No
1766/92, exclusive of any monthly increases referred to
in paragraph 1, with the exception of maize and grain
sorghum shall be reduced by the price break between the
two marketing years. That price break shall occur on 1
July and shall be defined as:

(a) the

difference

between

the

exclusive of any monthly increase,
and the new marketing years; plus

intervention

prices,
for the previous

(b) an amount equal to the monthly increase, multiplied
by the number of months elapsing between August
inclusive.
and the month of

the licence application,

Refunds reduced by the price break shall be increased as
in accordance
from August in the new marketing year,
with the rules set out in paragraph 1, by the monthly
increase applying to the new marketing year.

In the case of maize and grain sorghum, the rules
2 a.
on adjustment set out in paragraph 2 shall apply mutatis
mutandis, with the following exceptions:

— the end of the marketing year shall be deemed to be

30 September,

— the abovementioned price break shall occur on 1

October instead of 1 July,

— the month of August shall be replaced by November,

— the monthly increases shall be those applicable to the

marketing years in question.’;

5.

in Article 12(5), the first subparagraph is replaced by the
following:

‘5. Where the term of validity of the licence extends
beyond the end of the marketing year and export occurs
in the following marketing year, refunds, excluding the
monthly increases referred to in paragraph 4, shall be
reduced by the break in the intervention price for paddy
rice between the two marketing years, based on the
processing stage and the applicable processing coeffi-
cient.’;

6.

in Article 12(5),
after the third subparagraph:

the following subparagraph is added

‘Where the price break is greater than the refund in ques-
tion, the corrected refund shall be reduced to zero.’;

7.

in Article 12, the following paragraph 6 is added:

‘6.
This Article shall not apply to licences issued for
the purpose of a food aid operation within the meaning
of Article 10(4) of
the Agreement on Agriculture
concluded as part of the Uruguay Round of multilateral
trade negotiations,
referred to in Article 16 of
Commission Regulation (EC) No 1291/2000 (*).

as

(*) OJ L 152, 24.6.2000, p. 1.’

Article 2

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

Points 4, 5 and 6 of Article 1 shall apply from 1 July 2000.

5.10.2000

EN

Official Journal of the European Communities

L 250/25

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

Done at Brussels, 4 October 2000.

For the Commission

Franz FISCHLER

Member of the Commission