CELEX: 31972R2113
Language: en
Date: 1972-10-03 00:00:00
Title: Regulation (EEC) No 2113/72 of the Commission of 3 October 1972 amending Regulation (EEC) No 2637/70 as regards the special period of validity of export licences for cereals and rice

110                                      Officiai Journal of tue European Communities
No L 226/ 10                             Official Journal of the European Communities                                     4.10.72
                                   REGULATION (EEC) No 21 13/ 72 OF THE COMMISSION
                                                         of 3 October 1972
                amending Regulation (EEC) No 2637/70 as regards the special period of validity of export
                                                    licences for cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNI­                               Whereas it is further necessary to ensure that the compe­
TIES ,                                                                tent authorities are not presented with unjustified appli­
                                                                      cations lodged for reasons other than those referred to in
Having . regard to the Treaty establishing the European               Article 24 ; whereas Article 24 ( 8) should therefore be
Economic Community ;                                                  amended;
Having regard to Council Regulation No 120/67/EEC 1                   Whereas the measures provided for in this Regulation
of 13 June 1967 on the common organization of the
                                                                      are in accordance with the Opinion of the Management
market in cereals, as last amended by Regulation (EEC)                Committee for Cereals ,
No 792/72 2, and in particular Article 12 (2) thereof;
                                                                      HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation No 359/67/EEC 3
of 25 July 1967 on the common organization of the
market in rice, as last amended by Regulation (EEC) No                                          Article 1
2726/ 7 1 4, and in particular Article 10 (2) thereof;
                                                                      The following shall be substituted for Article 24 of Regu­
                                                                      lation (EEC) No 2637 / 70 :
Whereas Article 24 of Commission Regulation (EEC)
No 2637/70 5 of 23 December 1970 on special detailed
rules for the application of the system of import and                       1 . In special cases, the period of validity of an ex­
export licences and advance fixing certificates for agri­                  port licence for common wheat, rye, barley , maize,
cultural products, as last amended by Regulation (EEC)                     rice, wheat flour and rye flour may be longer than
                                                                           that laid down in Articles 21 , 22 or 23 when the par­
No 1603/72 6, allows the period of validity of export li­
                                                                           ty concerned envisages the conclusion of a lon­
cences to be longer than the normal period; whereas this
                                                                           ger-term contract.
provision has a commercial and economic purpose;
                                                                           2. In this case, the party concerned shall lodge with
Whereas a longer period of validity may be allowed only
in cases where this can be justified by the existence of                   the competent authority an application for an export
                                                                           licence together with an application for advance fix­
concrete plans for contracts which may be regarded as
                                                                           ing of the refund applicable on the date of lodging
special because of the quantities involved and the specif­
                                                                           that application for the expected destination and
ic needs of the purchaser as regards the phasing of deli­                  also an indication of the minimum and maximum
veries ;
                                                                           quantity that he expects to export and the minimum
                                                                           and maximum period necessary for carrying out the
Whereas extension of the normal period of validity could
lead to distortions of competition between Community                       exportation ; however, the minimum quantity may
                                                                           not be less than 75 000 metric tons for common
exporters ; it is therefore necessary to exclude from the
                                                                           wheat, rye, barley , maize, wheat flour and rye flour
scope of that Article 24 all contracts to be concluded
under invitations to tender issued in importing third                      or 50 000 metric tons for rice. This application shall
countries and for which special provisions are laid down                 . be accompanied by the lodging of a special security ,
in Article 23 of Regulation (EEC) No 2637/70 ;                             calculated on the basis of the maximum quantity
                                                                           and covered by Article 25 ( 1) of this Regulation and
                                                                           Article 5 of Regulation (EEC) No 1373/70.
                                                                           3 . The Member State to which the competent au­
 1 OJ No 117, 19.6.1967, p. 2269/67.                                       thority receiving this application belongs shall notify
2  OJ No L 94, 21.4.1972, p. 7 .                                           the Commission , which shall act in accordance with
3  OJ No 174, 31.7.1967, p. 1 .                                            the procedure laid down in Articles 26 of Regula­
4  OJ No L 282, 23.12. 1971 , p. 6 .
5  OJNoL. 283 , 29.12.1970, p. 15 .                                        tions Nos 120/67/EEC and 359/67/EEC, with
6  OJ No L 170, 28.7.1972 , p. 6 .                                         particular reference to the quantity and to the econ­
 ---pagebreak---                                    Official Journal of the European Communities                                         1
omic aspects of the expected exportation and which                  6. Except in the case offorce majeure, if the party
shall, in the case of acceptance, set a time limit with­            concerned does not comply with the provisions of
in which the party concerned must submit the con­                   paragraphs 4 and 5 the licence shall not be issued
tract to the competent authority . The latter shall in­             and the special security shall be forfeited.
form the party concerned of its decision.
                                                                    7. When the period of validity fixed is not thatap^
4. When the    period of validity fixed for a licence is            plied for by the party concerned, but is' longer than"
the same as    that applied for, the party concerned                that laid down iji Articles 21 , 22 or 23 , the provi­
shall, within  the time limit set in accordance with                sions of paragraphs 4, 5 and 6 shall apply . However,
paragraph 3 ,   submit to the competent authority a                 the party concerned may cancel his application for a
signed original of the contract, together with a copy               licence within the time limit set for submitting the
thereof. This document shall specify at least the                   contract; in that case, the special security shall be
quantity covered by the contract, which must lie                    released forthwith .
within the limits of the minimum and maximum in­
dicated, the destination, the period in which the ex­               8. When an extension of the period of validity
portation is to be carried out, which must lie within               provided for in Article 21 , 22 or 23 has been refused,
the minimum and maximum periods indicated, the                      the licence shall not be issued and the special secu­
price fixed for the duration of the contract and the                rity shall be released forthwith.
terms of payment. The licence shall then be issued
after conversion of the special security into a deposit             9. When the speciall security is converted into a
as provided for in Article 12 ( 1) of Regulation                    deposit as provided for in Article 12 ( 1 ) of Regular
No 120/67/EEC and in Article 10(1) of Regula­                       tion No 120/67/EEC and in Article 10 ( 1 ) of Regu­
tion No 359/67/EEC . The country of destination                     lation No 359/67/EEC , the amount of the deposit
shall be indicated in section 13 and the licence shall              shall be adjusted in line with the quantity covered by
make it obligatory to export to that country .                      the contract and the balance shall be released forth-"
                                                                    with .'                                                 =
5 . If the party concerned has been unable to con­
                                                                                          A rticle 2
clude such a contract, he shall inform the competent
authority within the time limit set for submitting the         This Regulation shall enter into force on the third day
contract; the licence shall not be issued and the spe­         following its publication in the Official Journal ] of the
cial security shall be relased forthwith.                      European Communities­
          This Regulation shall be binding in its entirety and directly applicable in all Member States.
          Done at Brussels , 3 October 1972.
                                                                                        For the Commission
                                                                                            The President
                                                                                          S. L. MANSHOLT