Commission Regulation (EC) No 904/2002 of 30 May 2002 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: 2002-05-30
Institutions: European Commission
Subjects: ACP countries, cereals, export licence, import licence, rice

31.5.2002

EN

Official Journal of the European Communities

L 142/25

COMMISSION REGULATION (EC) No 904/2002

of 30 May 2002

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,

(5)

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 Commission Regulation (EC) No
411/2002 (4), and in particular Article 9(2) and Article 13(15)
thereof,

Whereas:

(1)

(2)

(3)

(4)

The period of validity of the export licences without
refund referred to in Article 7(2a) and (3a) of Commis-
sion Regulation (EC) No 1162/95 (5), as last amended by
Regulation (EC) No 2298/2001 (6), is currently limited to
30 days from the day of issue. Experience has shown
that such a period is often too short because of the time
taken by goods to reach ports; that period of validity
should therefore be extended.

sufficient

It has been found that,
in periods of an increase in
refund rates, the security of EUR 30 per tonne laid
down in Article 10(c) of Regulation (EC) No 1162/95 is
not
large numbers of export
licences in force for rice being returned to the issuing
authorities. As such returns may generate problems in
they should be
the administration of
discouraged by raising this guarantee.

the exports,

to prevent

Article 10(d) of Regulation (EC) No 1162/95 lays down
a security of EUR 20 per tonne for the products referred
to in Article 1 of Regulation (EEC) No 1766/92. Given
the general reduction in refund levels the securities for
export licences should also be reduced.

Article 10(e) of Regulation (EC) No 1162/95 lays down
for malt three different security amounts depending on
the period of validity of the export licences. Given the

(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 62, 5.3.2002, p. 27.
(5) OJ L 117, 24.5.1995, p. 2.
(6) OJ L 308, 27.11.2001, p. 16.

reduction in refund levels for malt exports the securities
for those licences should be reduced and standardised.

Since the application of Agenda 2000, more and more
cereal products have been exported with a refund equal
to zero. Article 12 of Regulation (EC) No 1162/95
provides for a monthly adjustment of the amount of the
refund. To avoid those cereal exports being regarded as
subsidised under the rules of the World Trade Organ-
isation negative corrections
should be applied. To
simplify administration of the exports it is preferable to
regard a refund at an amount equal to zero as being
ineligible for such an adjustment.

(6)

(7)

Article 12(6) of Regulation (EC) No 1162/95 stipulates
that the adjustment provisions are not to apply to food
aid operations. Since a similar provision has been intro-
duced into Regulation (EC) No 2298/2001 laying down
detailed rules for the export of products supplied as food
aid that paragraph should be repealed.

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

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 7(2a) is replaced by the following:

‘2a.
In cases where no refund or export tax has been
fixed, export licences for the products referred to in Article
1 of Regulation (EEC) No 1766/92 and Article 1 of Regula-
tion (EC) No 3072/95 shall be valid for 60 days from the
day of issue.’

2. The third subparagraph of Article 7(3a) is replaced by the

following:

‘Such export licences shall be valid for 60 days from the day
of issue.’

3. The first sentence of Article 10(c)

is replaced by the

following:

‘EUR 45 per tonne for the products referred to in Article 1
of Regulation (EEC) No 3072/95 in the case of export
licences.’

L 142/26

EN

Official Journal of the European Communities

31.5.2002

4. Article 10(d) is replaced by the following:

7. In Article 12, the following paragraph 4a is added:

‘(d) EUR 15 per tonne for the products referred to in
Article 1 of Regulation (EEC) No 1766/92 in the case of
export licences.
However, in the case of licences issued with a refund in
accordance with Article 7(2),
the security shall be
EUR 24 per tonne.
For exports to ACP countries under
licences with
special terms of validity, in accordance with Article 9 of
the security shall be EUR 12 per
this Regulation,
tonne.’

5. Article 10(e) is deleted.

6. In Article 12, the following paragraph 1a is added:

‘1a.
The adjustment provided for in paragraph 1 shall
not apply where the amount of the refund is equal to zero.’

‘4a.
The adjustment provided for in paragraph 4 shall
not apply where the amount of the refund is equal to zero.’

8. Article 12(6) is deleted.

Article 2

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

It shall apply from 1 July 2002.

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

Done at Brussels, 30 May 2002.

For the Commission

Franz FISCHLER

Member of the Commission