CELEX: 31970R2637
Language: en
Date: 1970-12-23 00:00:00
Title: Regulation (EEC) No 2637/70 of the Commission of 23 December 1970 on special detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products

932                                      Official Journal of the European Communities
  29.12.70                                Official Journal of the European Communities                             No L 283 / 15
                                 REGULATION (EEC) No 2637/70 OF THE COMMISSION
                                                       of 23 December 1970
                 on special detailed rules for the application of the system of import and export licences
                                      and advance fixing certificates for agricultural products
  THE     COMMISSION         OF    THE    EUROPEAN       COM­         Having regard to Council Regulation No
  MUNITIES,                                                           171 /67/EEC10 of 27 June 1967 on export refunds and
                                                                      levies on olive oil, as last amended by Regulation
  Having regard to the Treaty establishing the                        (EEC) No 2555/7011 and in particular Article 11
  European' Economic Community ;                                      thereof;
  Having regard to Council Regulation                      No         Having regard to Council Regulation No
  136/66/EEC1 of 22 September 1966 on                       the       359/67/EEC12 of 25 July 1967 on the common
  establishment of a common organisation of                 the       organisation of the market in rice, as last amended by
  market in oils and fats, as last amended                   by       Regulation (EEC) No 1253/70, and in particular
  Regulation (EEC) No 2554/70,2 and in particular                     Articles 10 (2), 13 (5 ) and 17 (6) thereof;
  Articles 16 (2 ), 17 (3 ) 18 (3 ) and 28 (3 ) thereof;
  Having      regard     to     Council     Regulation      No
                                                                      Having     regard     to    Council     Regulation    No
                                                                       1009,/67/EEC13 of 18 December 1967 on the common
  162/66/EEC3 of 27 October 1966 on trade in oils and
                                                                      organisation of the market in sugar, as last amended
  fats between the Community and Greece, and in
                                                                      by Regulation (EEC) No 1253/70, and in particular
  particular Article 8 thereof;                                       Articles 11 (2), 15 (5 ) and 17 (4) thereof;
  Having regard to Council Regulation 120/67/EEC4 of
  13 June 1967 on the common organisation of the                      Having regard to Council Regulation (EEC) No
  market in cereals, as last amended by Regulation                    804/68 14 of 27 June 1968 on the common
  (EEC) No 2434/705 and in particular Articles 12 (2),                organisation of the market in milk and milk
  15 (5 ) and 16 (6) thereof;                                         products, as last amended by . Regulation (EEC) No
                                                                      1253/70, and in particular Articles 13 (3 ) and 17 (4)
                                                                      thereof;
  Having regard to Council Regulation No
  122/67/EEC8 of 13 June 1967 on the common
  organisation of the market in eggs, as last amended                 Having regard to Council Regulation (EEC) No
  by Regulation (EEC) No 436/70,7 and in particular                   805/68 15 of 27 June 1968 on the common
  Article 9 (3 ) thereof;                                             organisation of the market in beef and veal, as last
                                                                      amended by Regulation (EEC) No 1253/70, and in
  Having regard to Council Regulation No                              particular Articles 14 (4) and 15 (3 ) thereof;
  142/67/EEC8 of 21 June 1967 on export refunds on
  colza, rape and sunflower seeds, as last amended by                 Having regard to Council Regulation (EEC) No
  Regulation (EEC) No 2556/70,9 and in particular                      865/68 16 of 28 June 1968 on the common
  Article 6 thereof;                                                  organisation of the market in products processed
                                                                      from fruit and vegetables, as last amended by
  1 OJ  No  172, 30.9.1966, p. 3025/66.
  2 OJ  No  L 275, 19.12.1970, p. 5 .
  3 OJ  No  197, 29.10.1966, p. 3393/66.                              10  OJ No L 130, 28.6.1967, p. 2600/67.
  4 OJ  No  117, 19.6.1967, p. 2269/67:                                11 OJ No 275, 19.12.1970, p. 6.
  5 OJ  No  L 262, 3.12.1970, p . 1 .                                 12  OJ No L 174, 31.7.1967, p. 1 .
  6 OJ  No  117, 19.6.1967, p. 2293/67.                               13  OJ No 308, 18.12.1967, p. 1 .
  7 OJ  No  L 55, 10.3.1970, p . 1 .                                  14  OJ No L 148, 28.6.1968, p. 13 ..
  8 OJ  No  125, 26.6.1967, p . 2464/67.                               15 OJ No L 148, 28.6.1968, p. 24.
' » OJ No L 275, 19.12.1970, p. 8.                                     16 OJ No L 153, 1.7.1968, p. 8.
 ---pagebreak---                                     Official Journal of the European Communities                                     933
Regulation (EEC) No 2275/70,1 and in particular                Whereas, following the amendment made by
Articles 5 (3 ) and 6 (3 ) thereof;                            Regulation (EEC) No 2554/70 to Article 17 of
                                                               Regulation      No     136/66/EEC,     all  implementing
Having regard to Council Regulation (EEC) No                   measures relating to that Article should henceforth be
540/702 of 20 March 1970 on the treatment to be                adopted in this sector by an act of the Commission
accorded to rice and broken rice originating in the            taken in accordance with the procedure of the
Associated African States and Madagascar or in the             Management Committee; whereas the provisions
Overseas Countries and Territories, and in particular          applicable up to the present should be restated and
Article 5 thereof;                                             harmonised on certain points ;
Having regard to Council Regulation (EEC) No                   Whereas Article 4a of Regulation No 142/67/EEC
816/703 of 28 April 1970 laying down additional                established a system of advance fixing certificates for
provisions for the common organisation of the                  export refunds on oilseeds ; whereas special
market in wine, as amended by Regulation (EEC) No              procedures covering these arrangements should be
1253/70 and in particular Article 8 (3 ) thereof;              adopted by amending those provisions already in
                                                               force as regards the advance fixing of the appropriate
Whereas the Community rules relating to the.                   refund;
different sectors covered by the common organisation
of agricultural markets provide that, from 1 January           Whereas it is evident from the forms relating to
1971 , import and export licences and advance fixing           exports annexed to Regulation (EEC) No 1373 /70
certificates shall be applicable to imports and exports        that the corresponding licences or certificates may
effected in the Community ; whereas Commission                 relate to several products in the cases provided for in
Regulation (EEC) No 1373 /704 of 10 July 1970 on               Community rules ; whereas the application of those
common detailed rules for the application of the               rules appears necessary both where certain
                                                               subdivisions of the nomenclature used for refunds
system of import and export licences and advance
fixing certificates for agricultural products subject to       cover two tariff sub-headings and also where the
a single price system, adopted provisions common to            exact composition of the products can be known
the different agricultural sectors, applicable to this         only after manufacture;
system, and repealed the corresponding provisions              Whereas it is evident from Article 25 of Regulation
previously in force in each sector;                            No 1009/67/EEC that undenatured sugar produced
                                                               in excess of the maximum quota cannot qualify for
Whereas Regulation (EEC) No 1373 /70 has kept in               an, export refund ; whereas provision should therefore
force certain specific provisions in each product              be made for adding a note to this effect on licences
sector relating to the system of licences and                  for such exports;
certificates ; whereas these provisions should be
combined in a single instrument, harmonised so far             Whereas, with regard to milk and milk products,
as possible and extended where necessary ;                     when invitations to tender are issued by armed forces
                                                               stationed in the territory of a Member State but not
Whereas, in certain cases, the licences and certificates       coming under its flag, the quantity of products to be
are issued for imports and exports of products                 delivered cannot be exactly known until the end of
originating in, coming from or going to specific               the delivery period provided for in the invitation to
countries, or for specific purposes ; whereas it should        tender; whereas it is possible, in such cases, to issue
be made clear that such licences or certificates are           export licences only for the quantity expected to be
valid only for the imports or exports for which they           delivered; whereas, where the quantity of products to
have been issued;                                              be     delivered    exceeds     the   original   estimate,
                                                               supplementary licences should be issued and the
Whereas, pursuant to Article 8 ( 1 ) of Regulation             quantities should not be worked out until the end of
(EEC) No 1373/70, the period of validity of these              the delivery period ;
licences and certificates is reckoned from the date on
which application for them was lodged, that date               Whereas, it is evident from Article 2 of Council
being considered to be the date of issue; whereas              Regulation (EEC) No 888/685 of 28 June 1968
however, in certain sectors, there is a certain delay in       laying down general rules on special import terms for
issuing them, to allow an assessment of the market             certain • frozen meats intended for processing, that
situation ; whereas, in such cases, the application of         Article 14 (3 ) (b) ( aa) of Regulation (EEC) No 805/68
Article 8 ( 1 ) is inappropriate ;                             can apply only when it is established that certain
                                                               conditions have been satisfied or will be satisfied;
                                                               whereas, since those conditions are unlikely to be
1 OJ No L 246, 12.11.1970, p. 4.                               satisfied in the near future, it is not necessarv to keep
2 OJ No L 68, 25.3.1970, p. 1 .
3 OJ No L 99, 5.5.1970, p. 1 .
4 OJ No L 158, 20.7.1970, p. 1 .                               5 OJ No L 156, 4.7.1968, p . 7.
 ---pagebreak--- 934                                  Official Journal of the European Communities
in force the corresponding measures laid down by                import and export licences and advance fixing
Article 8 of Commission Regulation (EEC) No                     certificates established by :
1083/68 1 of 28 July 1968 laying down detailed rules
of application in respect of import licences for beef           — Article 17 of Regulation No 136/66/EEC
and veal ;                                                      — Article 12 of Regulation No 120/67/EEC
Whereas the measures provided for in this Regulation            — Article 4a of Regulation No 142/67/EEC
are in accordance with the Opinions of the
Management Committee for Oils and Fats, for                     — Article 10 of Regulation No 359/67/EEC
Cereals, for Poultrymeat and Eggs, for Sugar, for
                                                                — Article 5a of Regulation No 175/67/EEC
Milk and Milk Products, for Beef and Veal, for
Products Processed from Fruit and Vegetables and                — Article 11 of Regulation No 1009/67/EEC
for Wine ;
                                                                — Article 13 of Regulation (EEC) No 804/68
HAS ADOPTED THIS REGULATION :                                   — Article 15 of Regulation (EEC) No 805/68
                         Article 1
                                                                — Article 6 of Regulation (EEC) No 865/68
                                                                — Article 6 of Regulation (EEC) No 204/69
This Regulation lays down special detailed rules for
the application, to each sector, of the system of               — Article 8 of Regulation (EEC) No 816/70.
                                                         TITLE I
                                                     OILS AND FATS
   Sub-title I — Olive oil ; import and export licences         Regulation No 162/66/EEC, the licence shall be
                         Article 2
                                                                issued on the fourth working day after that on which
                                                                the application is lodged.
To qualify for treatment under the special terms
provided for in the Regulations made for the                                             Article 5
implementation of the agreements between the
Community and certain countries, both the
                                                                 1.     A licence without advance fixing of the levy or
application for an import licence and the licence shall         refund shall be valid from its actual date of issue
include in sections 13 and 14 the name of the country
concerned .                                                     until the end of the third month following that of
In such case, the licence shall make it obligatory to
import, from the country shown, the product,                    2 . . An import licence with advance fixing of the
satisfying the conditions laid down in the Regulations          levy shall be valid for the thirty days following its
mentioned in the first subparagraph, for which the               actual date of issue .
licence has been issued .
                                                                3.      An export licence with advance fixing of the
                         Article 3                               refund shall be valid from • its actual date of issue
                                                                 until the end of the second month following that of
                                                                issue .
An application for exportation with advance fixing of
the refund, lodged on the last working day of a
month, shall be considered to have been lodged on                                        Article 6
 the first working day of the following month.
                                                                 1 . The amount of the security for a licence
                         Article 4                               without advance fixing of the levy or refund shall be
                                                                 0-50 units of account per 100 kg net.
Without prejudice to the application of Article 20 of
 Regulation No 136/66/EEC and of Article 6 of
                                                                 2.     The amount of the security for a licence with
                                                                 advance fixing of the levy or refund shall be 4 units
   OJ No L 181 , 27.7.1968, p . 11 .                             of account per 100 kg net.
 ---pagebreak---                                     Official Journal of the European Communities                                      935
                         Article 7                             month following that of issue. The period referred to
                                                               in Article 9 ( 1 ) of Regulation No 171/67/EEC shall
When, in application of Article 18 of Regulation               expire at the end of the period of validity of the
(EEC) No 1373/70, the period of validity of an                 import licence.
export licence with advance fixing of the refund is
extended, the amount of the refund shall be that               5 . The quantity and quality of oil to be imported
fixed in advance for the last month of validity of the         per 100 kg of oil exported shall be determined as
licence before it was extended.                                follows :
                                                               ( a) 100 kg of virgin oil falling within sub-heading No
                         Article 8                                    15.07 A II of the Common Customs Tariff, if the
                                                                      exported oil falls within that sub-heading ;
1.     The authorisation to import free of levy
mentioned in Article 9 ( 1 ) of Regulation No                  (b ) 111 kg of virgin oil falling within sub-heading
171/67/EEC shall be granted on condition that the                     No 15.07 A II of the Common Customs Tariff, if
party concerned requests it when lodging his export                   the exported oil falls within sub-heading No
licence application and provided that proof is                         15.07 A I ( a) of the Common Customs Tariff;
furnished that the exportation has taken place.                ( c) 149 kg of oil, other than virgin oil falling within
                                                                      sub-heading No 15.07 A II of the Common
2.     Section 12 of the export licence application and               Customs Tariff, if the exported oil falls within
of the licence shall contain the endorsement ' EX/IM'.                sub-heading No 15.07 A I ( b) of the Common
                                                                    • Customs Tariff.
Section 18 of the licence shall contain one of the
following endorsements :
                                                               6 . Freedom from levy shall not be applied to the
    'sans restitution en especes'                              imported quantity of a product which, on account of
    'ohne Barerstattung'                                       the tolerance, exceeds the quantity shown on the
                                                               import licence.
    'senza restituzione in constanti '
    'zonder restituties in geld'
                                                                   Sub-title II — Oilseeds : advance fixing certificate
    (without cash refund).
3 . A licence to import free of levy may be applied                                         Article 9
for only when the requirements of the export licence
have been fulfilled or after expiry of the period of           Applications for certificates lodged on the last
validity of the export licence. The application shall          working day of a month shall be considered to have
be lodged with the agency issuing the export licence           been lodged on the first working day of the following
within fifteen days of the expiry date of that licence .       month.
The import licence shall be issued up to the amount
of the quantities actually exported by applying the                                        Article 10
ratios laid down in paragraph 5 , when the evidence
required for the release of the security for the export        The quantity shown on the certificate shall refer to a
licence has been furnished .
                                                               product of standard quality for -which the target
                                                               price has been fixed. Section 20 of the certificate
Section 12 of the import licence application and of
the licence shall contain the endorsement 'EX/IM'.
                                                               shall contain one of the following endorsements :
                                                                     'la quantité se réfère à la qualité type'
Section 20 of the licence shall contain one of the
following endorsements :                                             'Menge bezogen auf die Standardqualität'
    'franchise de prélévement'                                       'il quantativo si riferisce alla qualità tipo'
    'Abschopfungsfrei'                                               'Hoeveelheid heeft betrekking op de standaard­
                                                                     kwaliteit'
    'esenzione da prelievo'
                                                                     ( The quantity relates to standard quality).
    'vrijdom van heffing'
    (free of levy).                                            If the quality of the exported product differs from
                                                               that standard quality, the quantity attributed to the
4.     Import and export licences shall be valid from          certificate shall be adjusted by the method of
their actual date of issue until the end of the third          calculation used for fixing refunds.
 ---pagebreak--- 936                                    Official Journal of the European Communities
                          Article 1 1                             certificate shall contain the name of the country or
                                                                  countries of destination. Export to the country or
 1.    The certificate shall be valid from its date of            countries named shall be obligatory under that
 issue within the meaning of Article 8 ( 1 ) of                   certificate .
 Regulation (EEC) No 1373/70 until the end of the
 second month following that of issue.
                                                                                             Article 12
 2.    However, with regard to the export of :
 ( a) colza and rape seed to Algeria,                             1.    For certificates referred to in Article 11 ( 1 ), the
                                                                  amount of the security shall be 3 units of account per
 (b) colza and rape seed with a germinating power of              100 kg net.
      over 90% or sulphurated, with less than 0-5% of
      impurities, in bags, to Argentina, Austria,
    ■ Denmark, Great Britain, Portugal, Spain, Sweden,            2.    For certificates referred to in Article 11 (2), the
      Switzerland and the United States,                          amount of the security shall be 5 units of account per
                                                                  100 kg net.
      the certificate shall be valid from its date of issue
      within the meaning of Article 8 ( 1 ) of Regulation
      (EEC) No 1373/70 until the end of the sixth
      month following that of issue.                                                         Article 13
3 . In the cases mentioned in paragraph 2 (b ), the               When, in application of Article 18 of Regulation
certificate shall be issued only for quantities of 50             (EEC) No 1373/70, the period of validity of the
 metric tons or less .                                            certificate is extended, the amount of the refund
                                                                  granted shall be that fixed in advance for the last
4.     In the cases mentioned in paragraph 2, Section             month of validity of the certificate before it was
 13 of the application for a certificate and of the               extended.
                                                          TITLE II
                                 CEREALS AND RICE : IMPORT AND EXPORT LICENCES
                          Article 14                                                         Article 16
The obligation to import or to export shall be                    1.    When the application for an export licence is
considered to have been fulfilled when the quantity               submitted in connection with an invitation to tender
imported or exported is not more than 7% less than                or a public auction held by the intervention agencies
the quantity shown on the licence.                                in accordance with Articles 5 and 6 of Regulation
                                                                  (EEC) 376/70, the licence shall be issued only for the
                                                                  quantities for which the applicant has been declared
                                                                  the successful tenderer. The security for the
                         Article 15                               remainder shall be released .
As regards applications for import or export licences             Section 18 of the licence shall contain one of the
relating to the products listed in Article 1 ( 1 ) ( a) and       following endorsements :
(b) of Regulation No 359/67/EEC and lodged on a
Thursday, 1300 hours and 1430 hours shall be                          'valable pour . . . (quantité en chiffres et en
substituted     for    1600   hours    and    1730    hours           lettres)'
respectively in Articles 5 and 6 of Regulation (EEC)                  'giiltig fiir . . . (Mengen in Zahlen und Worten)'
No 1373 /70.
                                                                      'valido per .• . . (quantitative in cifre e in lettere)'
If the meeting of the Management Committee for
Rice is held on a day other than a Thursday and if                    'geldig voor . . . (hoeveelheid in cijfers en letters)'
the Commission has published the date of the                          (valid for . . . (quantity in figures and in words)).
meeting in the Official Journal of the European
Communities at least one week in advance, the
provisions of the preceding paragraph shall be                    The export licence shall be valid only up to the
applicable for the date announced.                                quantity shown in section 18 .                       s
 ---pagebreak---                                        Official Journal of the European Communities                                    937
   2. " The provision of paragraph 1 shall apply only if               'Prélèvement demandé conformément à l'article 3
   the applicant has lodged an application for a licence               paragraphe 2 du R. 540/70',
   together with an application for advance fixing of the
   refund.                                                             'Abschöpfung beantragt gemäß Artikel 3 Abs . 2,
                                                                       VO . 540/70',
   3 . When, pursuant to Article 5 (5 ) of Regulation                  'Prelievo richiesto in conformità dell'articolo 3
    (EEC) No 376/70, it is decided that a tender is valid              par. 2R. 540/70',
   only if accompanied by an application for an export                 'Heffing verzocht overeenkomstig artikel 3 ,- lid 2,
    licence together with an application for advance                   Verord. 540/70',
   fixing of the refund for the destination in question,
   the provisions of this Article shall also apply. In that            (Levy requested in accordance with Article 3 (2)
   case the country of destination shall be shown in                   of R. 540/70).
   section 13 and the licence shall make exportation to
   that country obligatory.                                       In the cases referred to in the preceding paragraphs,
                                                                  the licence shall make it obligatory to import the
                          Article 17
                                                                  product, originating in the Associated African States
                                                                  and Madagascar or in the Overseas Countries and
                                                                  Territories, for which the licence was issued.
   For products falling within tariff sub-headings Nos
    11.01 E and 11.02 A V, the party concerned may, in
   his application for an export licence, include within                                  Article 19
   each of these headings products under two
   contiguous sub-headings. For products falling within           Section 12 of an export licence issued for exports to
   tariff sub-heading No 23.07 B I, containing less than          be made within the framework of the Food Aid
   50% by weight of milk products, the party concerned            Convention shall contain one of the following
   may include in his application products under two              endorsements :
   tariff sub-headings in the following combinations :
                                                                       'Aide alimentaire'
   — 23.07 B I (a) and 23.07 B I ( b) 1 , or
                                                                       'Nahrungsmittelhilfe'
   — 23.07 B I (a) and 23.07 B I (b) 2, or
                                                                       'Aiuto alimentäre'
   — 23.07 B I (b) 1 and 23.07 B I (c) 1 , or
                                                                       'Voedselhulp'
 ' — 23.07 B I (b) 2 and 23.07 B I (c) 2.
                                                                       (Food aid),
   The two sub-headings included in the application
   shall be entered on the export licence.                        and section 13 shall contain the name of the country
                                                                  of destination. This licence shall apply only for an
                                                                  export to be made under these terms.
                          Article 18
                                                                                          Article 20
   To qualify for treatment under the special terms laid
   down in Article 1 of Regulation (EEC) No 540/70,
   section 14 of the application for an import licence            1.     An import licence for products listed in Article
   and sections 14 and 20 of the licence shall contain            1 ( a) and (b) of Regulation No 120/67/EEC shall be
   one of the following endorsements :                            valid from its date of issue within the meaning of
                                                                  Article 8 ( 1 ) of Regulation (EEC) No 1373/70 until
        'EAMA/PTOM'                                               the end of the third month following that of issue.
        'AASM/ULG'
                                                                  2. An import licence for products listed in Article
        'SAMA/PTOM'
                                                                  1 ( a) and (b) of Regulation No 359/67/EEC shall be
        'GASM/LGO'                                                valid from its date of issue within the meaning of
                                                                  Article 8 ( 1 ) of Regulation (EEC) No 1373 /70 until
        (AASM/OCT).                                               the end of the third month following that of issue.
   Where the application for an import licence is                 3 . An import licence for products listed in Article
   accompanied by a request for the levy to be applied            1 (c) and (d) of Regulation No 120/67/EEC and in
   in accordance with the provisions of Article 3 (2) of          Article 1 ( 1 ) (c) of Regulation No 359/67/EEC shall
   Regulation (EEC) No 540/70, Section 20 of the                  be valid from its date of issue within the meaning of
. licence shall contain one of the following                      Article 8 ( 1 ) of Regulation (EEC) No 1373 /70 until
   endorsements :                                                 the end of the fourth month following that of issue.
 ---pagebreak--- 938                                   Official Journal of the European Communities
                           Article 21                            country, an export licence for common wheat, rye,
                                                                 barley, maize, rice, wheat flour and rye flour shall be
1.       An export licence for products listed in Article 1      valid from its date of issue within the meaning of
( a) and (b ) of Regulation No 120/67/EEC shall be               Article 8 ( 1 ) of Regulation (EEC) No 1373/70 until
valid from its date of issue within the meaning of               the date when the obligations under the award of the
Article 8 ( 1 ) of Regulation (EEC) No 1373/70 until             contract are to be fulfilled .
the end of the sixth month following that of issue.
                                                                 However, the period of validity of such a licence may
2. An export licence for products listed in Article 1            not exceed 12 months following the month of issue
(c) of Regulation No 120/67/EEC shall be valid from              of the licence within the meaning of Article 8 ( 1 ) of
its date of issue within the meaning of Article 8 ( 1 ) of       Regulation (EEC) No 1373/70.
Regulation ( EEC) No 1373/70 until the end of the
eighth month following that of issue.
                                                                                         Article 24
3 . , An export licence for products referred to in
Article 1 (d) of Regulation No 120/67/EEC,                       1 . In special cases, the period of validity of an
excluding malt and maize flour, groats and meal,                 export licence for common wheat, rye, barley, maize,
shall be valid from its date of issue within the
                                                                 rice, wheat flour and rye flour may be longer than
meaning of Article 8 ( 1 ) of Regulation (EEC) No                that laid down in Articles 21 , 22 or 23 when the
1373 /70 until the end of the sixth month following              party concerned envisages the conclusion of a
that of issue.
                                                                 longer-term contract.
4. An export licence for malt (heading No 11.07 of
the Common Customs Tariff) shall be valid from its               2. In this case, the party concerned shall lodge
date of issue within the meaning of Article 8 ( 1 ) of           with the competent authority an application for an
Regulation (EEC) No 1373 /70 until the end of the                export licence together with an application for
eleventh month following that of issue.                          advance fixing of the refund applicable on the date of
                                                                 lodging that application for the expected destination
                                                                 and also an indication of the minimum and
5.       An export licence for maize flour (sub-heading
No 11.01 E of the Common Customs Tariff) and                     maximum quantity that he expects to export and the
for maize groats and meal (sub-heading No 11.02                  minimum       and   maximum      period  necessary   for
AV of the Common Customs Tariff) shall be valid                  carrying out the exportation. This application shall
from its date of issue within the meaning of Article 8           be accompanied by the lodging of a special security,
( 1 ) of Regulation (EEC) No 1373/70 until the end of            calculated on the basis of the maximum quantity and
the second month following that of issue.                        covered by Article 25 ( 1 ) of this Regulation and
                                                                 Article 5 of Regulation (EEC) No 1373/70.
                           Article 22
                                                                 3 . The Member State, to which the competent
1 ; An export licence for products listed in Article 1           authority receiving this application belongs, shall
( 1 ) (a) of Regulation No 359/67/EEC shall be valid             notify the Commission, which shall act in "accordance
from its date of issue within the meaning of Article 8           with the procedure laid down in Articles 26 of
(1) of Regulation (EEC) No 1373/70 until the end of              Regulation No 120/67/EEC and No 359/67/EEC,
the fifth month following that of issue.                         with particular reference to the quantity and to the
                                                                 economic aspects of the expected exportation and
                                                                 which shall, in the case of acceptance, set a time limit
2. An export licence for the product referred to in              within which the party concerned must submit the
Article 1 ( 1 ) (b ) of . Regulation No 359/67/EEC shall         contract to the competent authority. The latter shall
be valid from its date of issue within the meaning of            inform the party concerned of its decision.
Article 8 ( 1 ) of Regulation ( EEC) No 1373 /70 until
the end of the second month following that of issue ;
                                                                 4. When the period of validity fixed for a licence is
3 . An export licence for products listed in Article 1           the same as that applied for, the party concerned
                                                                 shall, within the time limit set in accordance with
( 1 ) ( c) of Regulation No 359/67/EEC shall be valid
from its date of issue within the meaning of Article 8           paragraph 3 , submit to the competent authority a
(1 ) of Regulation (EEC) No 1373/70 until the end of             signed original of the contract, together with a copy
the third month following that of issue ;                        thereof. This document shall specify at least the
                                                                 quantity covered by the contract, which must lie
                                                                 within the limits of the minimum and maximum
                           Article 23                            indicated, the destination, the    period in which the
                                                                 exportation is to be carried       out, which must lie
Where exportation is effected pursuant to an                     within the minimum and              maximum      periods
invitation to tender opened in an importing third                 indicated, the price fixed for    the duration of the
 ---pagebreak---                                     Official Journal of the European Communities                                       939
contract and the terms of payment. The licence shall           Regulation No 359/67/EEC, the amount of the deposit
then be issued after conversion of the special security        shall be adjusted in line with the quantity covered by
into a deposit as provided for in Article 12 ( 1 ) of          the contract or, where the second sentence of
Regulation No 120/67/EEC and in Article 10 ( 1 ) of            paragraph 8 is applied, by the licence, and the
Regulation No 359/67/EEC. The country of                       balance shall be released forthwith :
destination shall be indicated in section 13 and the
licence shall make it obligatory to export to that
country.
                                                                                         Article 25
5 . If the party concerned has been unable to                  1 . The amount of the security for licences for the
conclude such a contract, he shall inform the                  products listed in Article 1 of Regulation No
competent authority within the time limit set for              120/67/EEC and Article 1 of Regulation No
submitting the contract; the licence shall not be              359/67/EEC shall be as follows :
issued and the special security shall be released
forthwith.                                                     — 0*50 unit of account per metric ton for import or
                                                                     export licences without advance fixing of the levy
6., Except in the case of force majeure, if the party                or refund;
concerned does not comply with the provisions of               — 3 units of account per metric ton for import
paragraphs 4 and 5, the licence shall not be issued                  licences and 5 units of account per metric ton for
and the special security shall be forfeited.                         export licences, where the levy or refunds is fixed
                                                                     in advance .
7. When the period of validity fixed is not that
applied for by the party concerned, but is longer than         2. For import and export licences, 93% and 7%
that laid down in Articles 21 , 22 and 23 , the                shall be substituted for 95% and 5% respectively in
provisions of paragraphs 4, 5 and 6 shall apply.               Article 16 of Regulation (EEC) No 1373/70 .
However, the party concerned may cancel his
application for a licence within the time limit set for        3 . Where Article 16 (2) of Regulation (EEC) No
submitting the contract; in that case, the special              1373/70 is applied, the amounts to be taken into
 security shall be released forthwith.
                                                               account when calculating the forfeited security or
                                                               part security shall be :
 8 . When an extension of the period of validity
provided for in Articles 21 , 22 or 23 has been refused,        ( a) for import or export licences without advance
the licence shall not be issued. However, the party                   fixing of the levy or refund :
 concerned may, within fifteen days following advice
of the rejection of the application, require that the                 the amount determined in accordance with the
application be treated as an application for a licence                provisions of paragraph 1 ( a);
 of a normal period of validity, to be reckoned from
 the date of the initial application ; in that case, the        ( b) for import licences with advance fixing of the
party concerned shall specify the quantity he wishes                  levy :
to export, which must be within the limits of the
                                                                      the amount determined in accordance with the
minimum and maximum initially declared. The
 licence shall then be issued after conversion of the                 provisions of paragraph 1 (b);
special security into a deposit as provided for in
Article 12 ( 1 ) of Regulation No 120/67/EEC and                (c) for export licences with advance fixing of the
 Article 10 ( 1 ) of Regulation No 359/67/EEC. The                    refund :
 country of destination indicated in the initial                      0-50 unit of account per metric ton, which may
 application shall be entered in section 13 and the                   be supplemented by an amount corresponding to
 licence shall make export to that country obligatory.                the difference between :
 In the case of a refusal to issue a licence of longer                — the refund applicable on the last day of
 duration, the special security shall be released                         validity of the export licence, and
 forthwith either when the interested party informs
 the competent authority that he no longer requires a                 — the refund fixed in advance applicable on the
 licence of a normal period of validity, or after fifteen                 last day of validity of the export licence if the
 days if within that period the party concerned has                       latter amount is less than the former.
 not applied for a licence of a normal period of
 validity.                                                      When the licence makes it obligatory to export to a .
                                                                particular country, the refund taken into account in
 9. When the special security is converted into a               calculating the security which will be forfeited shall
  deposit as provided for in Article 12 ( 1 ) of                be the refund valid for that country; otherwise the
 Regulation No 120/67/EEC, and in Article 10 ( 1 ) of           refund for ' other third countries ' shall be used .
                                         \
 ---pagebreak--- 940                                     Official Journal of the European Communities
                          Article 26                                    /applied shall be that in force on the day when the
                                                                         application is lodged for a licence for an import or
When the period of validity of the licence is extended                   export to be carried out during the last month of
and the amount of levy or refund has been fixed in                       validity of the licence.
advance, the premium or corrective amount to be
                                                               TITLE III
                                           EGGS : ADVANCE FIXING CERTIFICATES
                         Article 27                                      2. In the case of an export connected with an
                                                                         invitation to tender opened in an importing third
Section 13 of the application for a certificate and of                    country, the certificate shall be valid from the date of
the certificate shall contain the name of the country                     issue within the meaning of Article 8 ( 1 ) of
or countries of destination. The certificate shall make                   Regulation (EEC) No 1373/70 until the date when
it obligatory to export to the country or countries                      the obligations arising under the award of that
named.                                                                   contract are to be fulfilled. However, the period of
                                                                         validity of such a certificate may not exceed twelve
                                                                         months following the month of issue of the certificate
                                                                         within the meaning of Article 8 (1 ) of Regulation
                          Article 28                                      (EEC) No 1373/70.
1.    Subject to the provisions of paragraph 2, the
certificate shall be valid from its date of issue within                                          Article 29
the meaning of Article 8 ( 1 ) of Regulation (EEC) No
1373/70 until the end of the sixth month following                        The amount of . the security for each product is
that of issue.                                                            determined in the following Table :
                   CCT
                                                                                                          Amount in
                  heading                              Description of goods                            u. a. /100 kg net
                    No
                  04.05          Birds' eggs and egg yolks, fresh, dried, or otherwise
                                 preserved, sweetened or not:
                                  B. Eggs, not in shell; egg yolks :
                                     1 . Suitable for human consumption :
                                         (a) Eggs, not in shell:
                                             1 . Dried                                                        5-00    '
                                             2. Other                                                         1-50
                                         (b) Egg yolks:
                                             1 . Liquid                                                       2-50
                                             2 . Frozen                                                       2-70
                                             3 . Dried                                                        5-00
                                                               TITLE IV
                                          SUGAR: IMPORT AND EXPORT LICENCES
                          Article 30                                      Community, the application for an export licence
                                                                          shall be lodged with the competent authority of the
1.     If the refund is • fixed in advance within the                     Member State in which the notice of award of
framework of a tendering procedure held in the                            contract was issued.
 ---pagebreak---                                              Official Journal of the European Communities                                    941
2.         Section 12 of the licence application and of the                                       Article 32
licence            shall   contain    one   of    the    following
endorsements :                                                          1.      An import licence for products listed in Article
( a) 'Règlement d'adjudication n0 . . . (JO n0 . . .                    1 ( 1 ) (a), (b ) and (d) of Regulation No 1009/67/EEC,
         du . . .)'                                                     shall be valid for sixty days from its date of issue
                                                                        within the . meaning of Article 8 ( 1 ) of Regulation
         'délai de présentation des offres expirant le . . .'           (EEC) No 1373/70.
 ( b ) 'Ausschreibungsverordnung Nr. . . . (ABl Nr. . . .
         vom . . .)'                                                    2. An import licence for products listed in Article
         'Ablauf der Angebotsfrist am , . .'                            1 ( 1 ) (c) of Regulation No 1009/67/EEC shall be
                                                                        valid from its date of issue within the meaning of
(c) 'Regolamento di gara n                 (GU n. . . . del . . .)'     Article 8 ( 1 ) of Regulation (EEC) No 1373/70 until
         'il termine di presentazione delle offerte scade               the end of the third month following that of issue.
         il . . .'
                                                                        3.      Unless it has been decided otherwise under the
(d) 'Verordening m.b.t.               inschrijving nr. . . .      (PB
         nr. . . . van . '. .)'                                         terms of the invitation to tender, an export licence
                                                                        for products listed in Article 1 ( 1 ) of Regulation No
         'Indieningstermijn aanbiedingen eindigt op . . .'              1009/67/EEC shall be valid from its date of issue
         (Tendering Regulation No . . . (OJ No . . . of . . .))         within the meaning of Article 8 ( 1 ) of Regulation
         (Final date for submission of tenders . . .).                  (EEC) No 1373/70 until the end of the third month
                                                                        following that of issue.
3.         The export licence shall be issued for the
quantity entered on the relevant notice of award of                                               Article 33
contract. Section 18 shall specify the rate of refund
mentioned in that notice of award, expressed in the                     1 . The security for licences for the products listed
currency of the Member State issuing the licence.                       in Article 1 of Regulation No 1009/67/EEC shall, per
                                                                        100 kg net, amount to :
4. The provisions of Article 17 of Regulation
(EEC) No 1373/70 may be invoked only when this                          ( a) for import or export licences without advance
Article is applied.                                                           fixing of the levy or refund :
                                                                              — 0-20 unit of account for products falling
                                                                                  within heading No 17.01 ,
                                Article 31
                                                                              — 0-02 unit of account for products falling
                                                                                  within headings Nos 12.04 and 17.03 ,
For undenatured white or raw sugar produced in
excess of the maximum quota, to be exported under                             — 0 -20 unit of account for products falling
Article 25 of Regulation No 1009/67/EEC, Section 12                               within headings Nos 17.02 and 17.05 ;
of the application and of the licence shall contain one
of the following endorsements :                                         ( b) for import licences with advance fixing of the
       'à exporter en vertu de l'article 25 du règlement                      levy :
       n° 1009/67/CEE'                                                       — 2-50 units of account for products falling
       ' Gemäß Artikel 25 der V.O. Nr. 1009/67/EWG                                within heading No 17.01 ,
       auszuführen'
                                                                              — 0-60 unit of account for products falling
      'Da esportare in virtù dell'articolo 25 del Reg n .                         within heading No 17.03 , provided that the
      1009/67/CEE'                                                                levy is not equal to zero,
       ' uit te voeren krachtens artikel 25 van Verord nr.
       1009/67/EEG'
                                                                              — 0-12 unit of account for products falling
                                                                                  within heading No 17.03 , provided that the
      (for export under Article 25 of Regulation No                               levy is equal to zero ;
      1009/67/EEC).
                                                                         (c) for export licences with advance fixing of the
Section 18 of the licence shall contain one of the                            refund :
following endorsements :
                                                                             — 3-00 units of account for products falling
      'a exporter sans restitutions'                                              within heading No 17.01 ,
       'ohne Erstattung auszufiihren'
                                                                             — 0-60 unit of account for products falling
       'da esportare senza restituzione'                                          within heading No 17.03 ,
      ' uit te voeren zonder restitutie'
                                                                             — 0-20 unit of account for products falling
       (for export without refund).                                               within headings Nos 17.02 and 17.05 .
 ---pagebreak--- 942                                   Official Journal of the European Communities
2. Where Article 16 (2) of Regulation (EEC) No                        — for raw sugar, the spot price, quoted on the
 1373/70 is applied, the amounts to be taken into                          London Exchange on the date of issue of the
 account when calculating the forfeited deposit shall                      licence within the meaning of Article 8 ( 1 ) of
 be :                                                                      Regulation (EEC) No 1373/70 and the spot
                                                                           price quoted on the London Exchange on the
 (a) for import or export licences without advance                         last day of validity of the export licence,
      fixing of the levy or refund, the amount shown in                    when the latter price is less than the former ;
      paragraph 1 ( a);
                                                                      — for white sugar, the spot price quoted on the
                                                                           Paris Bourse on the date of issue of the
 (b) for import- licences with advance fixing of the
      levy for products falling within tariff headings                     licence within the meaning of Article 8 ( 1 ) of
      Nos 17.01 and 17.03 , the amount shown in                         . Regulation (EEC) No 1373/70 and the spot
      paragraph 1 (a) plus the difference between the                      price quoted on the Paris Bourse on the last
      levy fixed in advance increased, where                               day of validity of the export licence, when the
      appropriate, by the premium, and the levy                            latter price is less than the former;
      applicable on the last day of validity of the                   — for molasses, the refund applicable on the date
      import licence increased, where appropriate, by                      of issue of the licence within the meaning of
      the premium, if the latter levy is less than the                     Article 8 ( 1 ) of Regulation (EEC) No 1373/70
      former.                                                              and the refund applicable on the last day of
                                                                           validity of the export licence, when the latter
      However, the amount shall be at least 0-12 unit                      is higher than the former.
      of account per 100 kg net for products falling
      within tariff heading No 17.03 ;                            (d) In the case of export licences with advance fixing
                                                                      of the refund for products falling within tariff
 (c) For export licences with advance fixing of the                   headings Nos 17.02 and 17.05 and listed in
      refund for products falling within tariff headings              Article 1 of Regulation No 1009/67/EEC, the
      Nos 17.01 and 17.03 , the amount shown in                       amount shown in the third indent of paragraph 1
      paragraph 1 ( a) plus the difference between :                   c •
                                                         TITLE V
                           MILK AND MILK PRODUCTS : IMPORT AND EXPORT LICENCES
                         Article 34                                   — for products falling within heading No 04.03
                                                                           of the Common Customs Tariff, of a fat
An export licence shall be submitted for all exports                       content not exceeding 99-5% by weight, in
from the Community of products listed in Article 1                         hermetically sealed cans of a net capacity of
of Regulation (EEC) No 804/68, for which a refund                          over 5 kg, or in other immediate packagings
is fixed in advance.                                                       of a net capacity of oyer 1 kg;
                                                                 (b ) of the fifth month following that of issue for the
                         Article 35                                   other products listed in Article 1 of Regulation
                                                                      (EEC) No 804/68 .
1 . An import licence shall be valid from its date of •               However in certain cases provision may be made
issue within the meaning of Article 8 ( 1 ) of                        for a special period of validity.
Regulation (EEC) No 1373/70 until the end of the
second month following that of issue.                            3 . In the case of an export in connection with an
                                                                 invitation to tender opened in an importing third
2.     An export licence shall be valid from its date of         country, the export licence shall be valid from its
issue within the meaning of Article 8 ( 1 ) of                   date of issue within the meaning of Article 8 ( 1 ) of
Regulation (EEC) No 1373/70 until the end :                      Regulation (EEC) No 1373/70 until the date by
                                                                 which any obligations arising under the award of that
( a) of the second month following that of issue :               contract are to be fulfilled. However, the period of
                                                                 validity of the licence may not exceed eighteen
      — for products falling within sub-headings Nos             months following the month in which the licence was
          04.02 A II (b) 1 and 04.02 B I (b) 2 ( aa) of          issued within the meaning of Article 8 ( 1 ) of
          the Common Customs Tariff,                             Regulation (EEC) No 1373/70.
 ---pagebreak---                                      Official Journal of the European Communities                                  943
                          Article 36                            The supplementary licence shall contain the same
                                                                details as the original licence, except with regard to
 1.     In cases where the conditions of an invitation to       the quantity and the date of issue. Furthermore,
tender issued by armed forces stationed in the                  section 2 shall contain one of the following
territory of a Member State but not coming under its            endorsements :
flag fix only approximately the quantity of milk or                 'certificat complémentaire'
milk products to be supplied, since the quantity that
will in fact be supplied can be determined only at the              'Zusatzlizenz'
end of the delivery period provided for in the
invitation to tender, the licence shall be issued for the           'Titolo complementare'
quantity approximately fixed under the terms of the                 'Aanvullend certificaat'
invitation to tender (hereinafter called the 'target
quantity'). In that case, one of the following                      (supplementary licence).
endorsements shall 'be made in section 12 of the
licence application and of the licence :                        4.    "Where the definitive quantity is less than the
      'quantite indicative'                                     target quantity mentioned in the original licence and,
                                                                where applicable, in the supplementary licence or
      'Richtmenge'                                              licences, the security corresponding to the balance
      'quantitá indicativa'                                     shall be released.
      'geschatte hoeveeldheid'
                                                                5.    The provisions of the first subparagraph of
      (target quantity).                                        Article 16 (2) of Regulation (EEC) No 1373/70 shall
                                                                not apply to licences referred to in this Article.
The licence shall be used only up to that quantity.
The obligation to export is fulfilled when the                                         Article 37
quantity fixed for supply by the agency inviting
tenders (hereinafter called the 'definitive quantity')
has been exported. The parties concerned shall                  1 . The amount of the security for import licences
submit the relevant evidence to the licence-issuing             for products referred to in Article 1 of Regulation
agency concerned.                                               (EEC) No 804/68 shall be 0-50 unit of account per
                                                                100 kg net.
2.      Section 13 of the application for a licence and
of the licence shall state the destination . The licence        2.    The amount of the security for export licences
shall make it obligatory to export to that destination.         for the products listed in Article 1 of Regulation
                                                                (EEC) No 804/68 shall, per 100 kg net, be :
3.      In cases where the quantity for export proves           — 3-00 units of account for products falling within
greater then the target quantity, one or more                       tariff heading No 04.03 of the Common Customs
supplementary licences shall, at the request of the                 Tariff;
party concerned, be issued by the agency which
issued the original licence.                                    — 1-00 unit of account for other products.
                                                        TITLE VI
                                         BEEF AND VEAL : IMPORT LICENCES
                         Article 38                                                    Article 39
Import licences shall be valid for ninety days from             The amount of the security for licences shall be 10-00
their actual date of issue within the meaning of                units of account per 100 kg net.
Article 8 ( 1 ) of Regulation (EEC) No 1373 /70 .
However, licences granting entitlement to the special                                  Article 40
import arrangements referred to in Article 14 (3 ) ( b )
( bb ) of Regulation (EEC) No 805/68 shall be valid             Treatment under the special import arrangements
for ninety days from their actual date of issue.                referred to in Article 14 (3 ) ( b) (bb) of Regulation
 ---pagebreak--- 944                                    Official Journal of the European Communities
 (EEC) No 805/68 shall be granted only on                         2.     On the eleventh day of each quarter, Member
presentation of a licence issued in accordance with               States shall before 1600 hours communicate to the
the following Articles.                                           Commission by telex the total quantity covered by
                                                                  the applications referred to in paragraph 1, lodged
                                                                  during the      period    referred   to   in  the   first
                          Article 41                              subparagraph of that paragraph.
1.      Section 12 of the application for a licence and           If that day is not a working day in the Member State,
                                                                  the communication shall be made before 1600 hours
of the licence shall contain one of the following
endorsements :                                                    on the first working day thereafter.
      'Viandes destinées à la transformation — régime
      bb) . . .'                                                  3.     Licences shall be issued on the twenty-first day
                                                                  of the first month of each quarter;
      'Zur Verarbeitung bestimmtes Fleisch — Regelung
     bb) . .                                                      However, if that day is not a working day in the
                                                                  Member State where the application was lodged,
     'Carni destinate alla trasformazione — Regime                licences shall be issued on the first working day
     bb) . .                                                      thereafter.
     'Vlees bestemd        voor     verwerking      —   bb )
     regeling . .                                                 4.     Licences may be issued to cover only a
                                                                  percentage of the quantity applied for. This
      (Meat for processing — arrangement (bb) •...).              percentage shall be the same for all applications
                                                                  lodged.
2.      Section 20 of the licence shall contain one of the        However, it may be decided that this percentage shall
following endorsements :                                          apply only to applications lodged exceeding a certain
                                                                  tonnage to be determined and only to the excess over
     'Suspension du prelevement a concurrence                     that tonnage. In that case, quantities not exceeding
     de . . . % pour . . . (quantité en chiffres et en            that tonnage shall not be affected by that percentage.
    •lettres) kg'                                                 Several applications from one applicant, lodged
     'Aussetzung der Abschöpfung in Höhe von . . .
                                                                  during the period referred to in paragraph 1 , shall be
                                                                  considered as a single application even when they
     v. H. für . . . (Menge in Zahlen und Worten) kg'
                                                                  relate to products falling within different tariff
     'Sospensione del prelievo fino al . . .% per . . .           sub-headings. ;
     (quantità in cifre e in lettere) kg'
     'Schorsing van de heffing ten belope van . . .%              5.     The security shall be released forthwith :
     voor . . . (hoeveelheid in cijfers en letters) kg'           ( a) for applications that cannot be • considered
                                                                       pursuant to the second subparagraph of
     (Suspension of levy up to . . .% per . . . (quantity              paragraph 1 ;
     in figures and words) kg).
                                                                  (b) where paragraph 4 is applied in proportion to the
                                                                       quantity for which the application was not
The percentage rate is that valid on the first day of                  granted.
each quarter.
The licence shall be valid only up to the quantity                                        Article 43
shown in Section 20 .
                                                                  When the total quantity for which applications were
                                                                  lodged during the period referred to in the first
                         Article 42                               subparagraph of Article 42 ( 1 ) is less than the
                                                                  quantity appearing in the quarterly estimate
                                                                  mentioned in the last subparagraph of Article 14 (2)
1 . Applications may be lodged only during the                    of Regulation (EEC) No 805/68, it may be decided
first ten days of each quarter.                                   that applications for licences may be lodged again
                                                                  during one or more specified periods within the
An application shall be considered only where the                 quarter in question. In that case, new dates shall be
special arrangements are applicable on the day                    fixed for the forwarding of applications by the
appointed for the actual issue of the licence.                    Member States and for the issue of licences .
 ---pagebreak---                                         Official Journal of the European Communities                                          945
                                                             TITLE VII
                               PRODUCTS PROCESSED FROM FRUIT AND VEGETABLES :
                                              ADVANCE FIXING CERTIFICATES
                         Article 44                                     may be accepted in relation to the tariff specification
                                                                         as to the density of the product.
Member States shall, at the request of the party
concerned, apply the arrangements for the advance                       Section 20 of the certificate in the case of imports and
fixing of levies and refunds laid down in Article 5 of                  Section 18 of the certificate in the case of exports
Regulation (EEC) No 865/68 .                                            shall contain one of the following endorsements :
                         Article 45                                          'tolérance densité de 0,03 '
Certificates shall be valid from their date of issue                         'Toleranzdichte 0,03 '
within the meaning of Article 8 ( 1 ) of Regulation                          'Tolleranza densità 0,03 '
(EEC) No 1373/70 until the end of the fifth month
following that of issue.                                                     'Dichtheidstolerantie 0,03 '
                                                                             (Density tolerance 0-03 ).
                         Article 46
When a product is imported which is subject to                          2.     Section 12 of the certificate shall in the case of
quantitative restrictions in a Member State, the                        exports, state for which basic product or products
certificate shall apply in that Member State only                       (sugar, glucose or glucose syrup), the refund is fixed
when a valid State document can' be produced                            in advance .
authorising import.
                                                                                                Article 48
                         Article 47
In using the certificate in the case of products falling                The amount of the security for each product is
within tariff heading No 20.07, a tolerance of 0-03                     determined in the following Table :
                  CCT
                                                                                                        Amount in
                 heading                             Description of goods                            u. a. / 100 kg net
                   No
              ex 13.03 B        Pectin                                                                       0-15
              ex 20.01          Vegetables and fruit, prepared or preserved by vinegar
                                or acetic acid , whether or not containing salt, spices
                                or mustard, with sugar                                                       0-15
              ex 20.02          Vegetables prepared or preserved otherwise than by
                                vinegar or acetic acid, with sugar                                           0-15
                 20.03          Fruit preserved by freezing, containing added sugar                          0-60
                 20.04          Fruit, fruit-peel, and parts of plants, preserved by
                                sugar (drained, glacé or crystallised)                                       1-50
             ex 20.05           Jams, fruit jellies, marmalades, fruit purée and fruit
                                pastes, being cooked preparations, containing added
                                sugar :
                                1 . Chestnut purée and paste                                                 1-50
                                2 . Other :
                                    — With a sugar content exceeding 30% by weight                   '       1-50
                                    -r- Other                                                               0-25
 ---pagebreak--- 946                                      Official Journal of the Euorpean Communities
                   CCT
                                                                                                         Amount in
                  heading                             Description of goods                            u. a. / 100 kg net
                     No
              ex 20.06            Fruit otherwise prepared or preserved, containing
                                  added sugar                                                                 0-25
              ex 20.07            Fruit juices (including grape must) and vegetable
                                  juices, containing added sugar, but unfermented and
                                  not containing spirit :
                                  — With an added sugar content exceeding 30% by
                                      weight                                                                  1-50
                                  — Other                                                                     0-25
                                                             TITLE VIII
                                                   WINE : IMPORT LICENCES
                           Article 49                                        ' tolérance de 0,4 degré'
                                                                             'Toleranz 0,4
1.     Section 7 of the application for a licence and of
the licence shall contain the following supplementary                        'Tolleranza di 0,4 gradi'
information :                                                                'Tolerantie van 0,4 graad'
( a) the colour of the wine or must,                                         (Tolerance of 0-4 ).
(b) in the case of Riesling or Sylvaner, the type of                                             Article 50
     vine.
                                                                         An import licence shall be valid from its date of issue
                                                                         within the meaning of Article 8 ( 1 ) of Regulation
2.     When the sub-heading of the Common Customs                        (EEC) No 1373/70 until the end of the third month
Tariff specifies the alcoholic strength of the product,                  following that of issue.
a tolerance of 0-4 degrees may be allowed in relation
to that specification, in the use of the licence.                                                Article 51
Section 20 of the licence shall contain one of the                       The amount of the security is determined in the
following endorsements :                                                 following Table :
                   CCT                                                                                     Amount
                  heading                             Description of goods                           . (in net weight
                    No                                                                                   or volume)
                  08.04 A II      Fresh grapes other than table grapes                             1-50 u.a. per 100 kg
                  22.04           Grape . must, in fermentation or with fermentation
                                  arrested otherwise than by the addition of alcohol               2-00 u.a. per hi
               Addit. note        Distilling wine                                                  2-50 u.a. per M
                 4 ( a) to
                 chap. 22
               Addit. note        Fortified wine                                                  7-50 u.a. per hi
                 4 (b) to
                 chap. 22
                  22.05 A         Sparkling wine                                                  6·00 u.a. per hi
 ---pagebreak---                                        Official Journal of the European Communities                                         947
                   CCJ                                                                                   Amount
                 heading                            Description of goods                             ( in net weight
                   No                                                                                   or volume)
                 22.05 B        Wine in bottles with 'mushrootri' corks held in place
                                by ties or fastenings, and wine in other containers
                                having an excess pressure of not less than 1 atmos­
                                phere but less than 3 atmospheres, measured at a
                                temperature of 20 °C                                              6Ό0 u.a. per hi
                 22.05          Other wine :
                                  I. of an actual alcoholic strength not exceeding 13°            2Ό0 u.a . per hi
                                 II. of an actual alcoholic strength exceeding . 13° but
                                     not exceeding 15°                                            2-50 u.a. per hi
                                III. of an actual alcoholic strength exceeding 15° but
                                     not exceeding 18°                                            3Ό0 u.a. per hi
                                IV. of an actual alcoholic strength exceeding 18° but
                                     not exceeding 22°                                            3-50 u.a. per hi
                                 V. of an actual alcoholic strength exceeding 22°                 4-00 u.a. per hi
                 22.07 A        Piquette                                                          1-00 u.a . per hi
                 22.10 A        Wine vinegar                                                      2-00 u.a. per hi
                 23.05 A        Wine lees                                                         1Ό0 u.a. per hi
                 23.05 B        Argol                                                             0-10 u.a. per 100 kg
                 23.06 A I      Grape marc                                                        1-00 u.a. per 100 kg
                                                           Article 52
              No security shall be required for a licence application relating to a quantity not exceeding
              1 hi or, as appropriate, 100 kg.
                                                          TITLE IX
              AGRICULTURAL PRODUCTS EXPORTED IN THE FORM OF GOODS NOT COVERED
                          BY ANNEX II TO THE TREATY: ADVANCE FIXING CERTIFICATES
                         Article 53                                    ( a) in section 12, a description of the goods to be
                                                                            exported and the numbers on the tariff
The certificate shall be applied for and issued for a                       heading(s) or sub-heading(s) within which they
single basic product. It shall contain a description of                     fall, as shown in Annexes B and C to Regulation
the goods in the form in which that basic product is                        (EEC) No 204/69 ; however, when the rate of
exported. Goods may be shown on the same                                    refund on the basic product for which the
certificate only where exportation justifies the                            certificate is issued varies according to the tariff
granting of a refund calculated at the same rate on                         category or the characteristics of the goods to be
the basis of the basic product in question .                                exported, the certificate shall show the exact
                                                                            nature of these goods and shall specify the
                         Article 54
                                                                            sub-heading of the Common Customs Tariff
                                                                            within which they fall ;
The application for a certificate and the certificate                  (b) in section 6, the nature and, in sections 10 and
shall contain :                                                             11 , the quantity expressed in net weight of the
 ---pagebreak--- 948                                    Official Journal of the European Communities
     basic product listed in Annex A to Regulation                          water content of less than 5% by weight (PG 2),
     (EEC) No 204/69, established in accordance with                        used for calculating the export refund on casein
     Article 1 (2) and Article 3 (1 to 3 ) of that                          (sub-heading No 35.01 A of the Common
     Regulation, for which the refund is to be fixed in                     Customs Tariff), and caseinates (sub-heading No
     advance; in section 7 and 8 respectively, the                          ex 35.01 C of the Common Customs Tariff),
     description according to the nomenclature of the                  the certificate shall be valid from its date of issue
     Common Customs Tariff and the tariff heading
     of the basic product for which the certificate is                 within the meaning of Article 8 ( 1 ) of Regulation
     issued .                                                           (EEC) No 1373 /70 until the end . of the eleventh
                                                                       month following that of issue.
                         Article 55                                    With regard to poultry eggs in shell, fresh or
                                                                       preserved, other than for hatching, used in
The certificate shall be valid from its date of issue                  calculating the export refund on ovalbumin
within the meaning of Article 8 ( 1 ) of Regulation                    (sub-heading No 35.02 A II ( a) of the Common
(EEC) No 1373/70 until the end of the fifth month                      Customs Tariff), the certificate shall be valid from its
following that of issue .                                              date of issue within the meaning of Article 8 ( 1 ) of
                                                                       Regulation (EEC) No 1373/70 until the end of the
However, with regard to :                                              sixth month following that of issue.
(a) barley exported in the form of beer (heading No                                           Article 56
     22.03 of the Coipmon Customs Tariff),
(b) milk powder, obtained by the spray process, of a                   The amount of security for the certificates is
    fat content of less than 1-5% by weight and of a                   determined as shown in the following Table :
                  CCT                                                                                 Amount in
                 heading                            Description of goods                           u. a. / 100 kg net
                   No                                                                             of basic products
              ex 04.02 A II     Milk powder, obtained by the spray process, of a fat
                                content by weight of less than 1-5% and of a water
                              . content by weight of less than 5% (PG 2):
                                — exported in the form of casein or caseinates                             0;50
                                — exported in other marketable forms                                       1-00
              ex 04.02 A II     Milk powder, obtained by the spray process, of a fat
                                content (by weight) of 26% and of a water content
                                (by weight) of less than 5% (PG 3 )                                        1-00
              ex 04.02 A III    Concentrated milk, of a fat content (by weight) of
                                7-5% and of a dry content (by weight) of 25% (PG 4)                        1-00
              ex 04.03          Butter of a fat content (by weight) of 82% (PG 6)                          3-00
                 04.05          Poultry eggs inf shell, fresh or preserved, other than
                 A I (b)        for hatching, exported in the form of ovalbumin                            1-00
                 10.01          Wheat and mesiin (mixed wheat and rye)                                     0-50
                 10.02          Rye                                                                        0-50
                 10.03          Barley                                                                     0-50
                 10.04          Oats ,                                                                     0-50
                 10.05 B        Maize (other than hybrid for sowing)                                       0-50
              ex 10.06 A        Hulled rice                                                                0-50
              ex 10.06 B        Milled rice                                                               0-50
 ---pagebreak---                                         Official Journal of the European Communities                                         949
                    CCT                                                                                 Amount in
                   heading                            Description of goods                           u. a. / 100 kg net
                     No                                                                             of basic products
                   10.06 C         Broken rice                                                               0-50
                   11.01 A         Wheat or mesiin flour                                                     0-50
                   11.01 B         Rye flour                                                                 0-50
                   11.02           Cereal groats and cereal meal of durum wheat                              0-50
                   A I (a)
                   11.02           Cereal groats and cereal meal of common wheat                             0-50
                   A I (b)
                   17.01           Beet sugar and cane sugar, solid                                          3-00
               ex 17.02 A II       Lactose, containing, in the dry state, 98-5% by weight
                                   of the pure product (PG 12)                                               1-00
                   17.03           Molasses, whether or not decolourised                                     0-60
                           Article 57                                       sugar, sugar beet and molasses, as last amended
                                                                            by Regulation (EEC) No 1373 /70 ;
1.    The following are hereby repealed :
                                                                            Commission Regulation (EEC) No 1083 /689 of
— Commission Regulation No 174/66/EEC1 of 7                                 26 July 1968 laying down detailed rules of
    November 1966 on import and export licences for                         application in respect of import licences for beef
    olive oil, as last amended by Regulation (EEC)                          and veal, as last amended by Regulation (EEC)
    No 1373/702;                                                            No 1373/70, with the exception of Articles 10 and
                                                                            11 ;
— Articles 4, 5, 6 and 7 of Commission Regulation
    No 284/67/EEC3 of 11 July 1967 on certain                               Commission Regulation (EEC) No 1096/6810 of
    detailed rules for the application of export refunds                    26 July 1968 on import and export licences for
    on oil seeds, as last amended by Regulation (EEC)                       milk and milk products, as last amended by
    No 1486/ 694 ;                                                          Regulation (EEC) No 1373/70 ;
— Commission Regulation No 473/67/EEC5 of 21                                Articles 2, 3 and 5 of Commission Regulation No
    August 1967 on import and export licences for                           1100/6811 of 26 July 1968 laying down detailed
    cereals, products processed from cereals, rice,                         rules for the advance fixing of export refunds on
    broken rice and products processed from rice, as                        milk and milk products ;
    last amended by Regulation (EEC) No 1373 /70 ;
                                                                            Commission Regulation (EEC) No 1128/68 12 of
— Articles 1 and 3 of Commission Regulation No                              30 July 1968 on the system for advance fixing of
    901 /67/EEC6      of 24 November           1967 on      the             levies or refunds on products processed from fruit
    system of advance fixing of export refunds on                           and vegetables ;
    certain oil seeds, as amended by Regulation (EEC)
    No 1801/687 ;                                                           Commission Regulation No 153/6913 of 27
                                                                            January 1969 on detailed rules concerning the
— Commission Regulation (EEC) No 836/68® of 28                              advance fixing of the import levy on olive oil ;
    June 1968 on import and export licences for
                                                                            Articles, 2, 3 , 4 and 5 of Commission Regulation
                                                                            (EEC) No 154/6914 of 27 January 1969 on
   OJ  No 202, 7.11.1966, p . 3485/66.
   OJ  No L 158, 20.7.1970, p . 1 .
   OJ  No  151 , 13.7.1967, p . 6.                                       9 OJ  No L 181, 27.6.1968, p. 11 .
   OJ  No L 186, 30.7.1969, p . 7.                                      10 OJ  No L 184, 29.7.1968, p. 2.
   OJ  No 204, 24.8.1967, p . 16.                                       11 OJ  No L 184, 29.7.1968, p. 14.
   OJ No  287, 25.11.1967, p. 12.                                       12 OJ No L 187, 31.7.1968, p. 9 .
   OJ No  L 275, 13.11.1968, p. 6.                                      13 OJ No L 22, 29.1.1969, p. 2.
   OJ No  L 151, 30.6.1968, p. 38 .                                     14 OJ No L 22, 29.1.1969, p. 4.
 ---pagebreak--- 950                                  Official Journal of the European Communities
    detailed rules for the application of export                     amended by Regulation (EEC) No 1373/70, with
    refunds and levies on olive oil, as amended by                   the exception of Articles 9 and 10;
    Regulation (EEC) No' 2219/701 ;
                                                                 — Commission Regulation (EEC) No 1014/705 of
— Commission Regulation (EEC) No 537/692 of 24                       29 May 1970 on import licences for wine, as
    March 1969 on supplementary provisions                           amended by Regulation (EEC) No 1373/70, with
    concerning export licences for milk products in                  the exception of Articles 10 and 11 .
    certain cases of invitations to tender ;
— Commission Regulation (EEC) No 5771693 of 26                   2. Paragraph 1 shall apply without prejudice to the
    March 1969 on advance fixing certificates for                provisions of the second subparagraph of Article 20
    certain agricultural products exported in the form           of Regulation (EEC) No 1373/70 .
    of goods not covered by Annex II to the Treaty,
    as last amended by Regulation (EEC) No
    1373/70 ;                                                                           Article 58
— Commission Regulation (EEC) No 570/704 of 26
    March 1970 laying down detailed rules for the                This Regulation shall enter into force on 1 January
    advance fixing of export refunds on eggs, as                  1971 .
             • This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 23 December 1970.
                                                                                     For the Commission
                                                                                        The President
                                                                                    Franco M. MALFATTI
1 OJ No   L 240, 30.10.1970, p . 72.                            • 5 OJ No L 118, 1.6.1970, p. 3 .
2 OJ No   L 72, 24.3.1969, p . 1 .
3 OJ No   L 75, 28.3.1969, p. 27.
4 OJ No   L 70, 27.3.1970, p. 4.