CELEX: 31976R1381
Language: en
Date: 1976-06-16 00:00:00
Title: Council Regulation (EEC) No 1381/76 of 16 June 1976 amending for the sixth time Regulation (EEC) No 2042/75 on special detailed rules for the application of the system of import and export licences for cereals and rice

No L 156/ 16                             Official Journal of the European Communities                                17. 6. 76
                                        COUNCIL REGULATION (EEC) No 1381 /76
                                                          of 16 June 1976
               amending for the sixth time Regulation (EEC) No 2042/75 on special detailed
               rules for the application of the system of import and export licences for cereals
                                                              and rice
 THE COUNCIL OF THE EUROPEAN                                         HAS ADOPTED THIS REGULATION :
 COMMUNITIES,
 Having regard to the Treaty establishing the European                                          Article 1
 Economic Community,
                                                                     The following Article shall be added to Regulation
 Having regard to Council Regulation (EEC) No                        (EEC) No 2042/75 :
 2727/75 of 29 October 1975 on the common organiza­
                                                                          'Article 9a
 tion of the market in cereals ( ! ), as last amended by
 Regulation (EEC) No 1 143/76 (2), and in particular
 Article 12 (2) and the second subparagraph of Article                    By way of derogation from Article 9, the export
 26 (3) thereof,                                                         licence for products falling within heading No
                                                                          1 1 .07 of the Common Customs Tariff shall, where
Whereas Commission Regulation (EEC) No 2042/75                           it is requested for the purposes of export to a
 of 25 July 1975 on special detailed rules for the appli­                subzone defined in Regulation (EEC) No 306/76
 cation of the system of import and export licences for                  or, in the case of Europe, a third country of desti­
 cereals and rice (3), as last amended by Regulation                     nation, including Malta, Turkey and the Soviet
 (EEC) No 7 1 8/76 (4), stipulates that the export licence               Union, be valid for the day of its issue, within the
 for products falling within heading No 11.07 of the                     meaning of Article 9 ( 1 ) of Regulation (EEC) No
 Common Customs Tariff is valid until the end of the                      193/75, until the end of the 11th month following
 11th month following that of issue ;                                    that of issue. In that event, the destination shall be
                                                                         indicated in section 13 of the licence, the issue of
Whereas experience has shown that speculative use                        which shall carry the obligation to export to that
 may be made of a long period of validity ; whereas the                  subzone or, where appropriate, country.
 period of validity for the abovementioned products
 should therefore be aligned with that for the other                     This subzone or country of destination must be
 products processed from cereals ; whereas, however, in                  indicated not later than two months following the
                                                                         issue of the licence .
 accordance with international practice, a large propor­
 tion of delivery contracts are concluded for at least a
year ; whereas, in order to enable malt exporters to                     By way of derogation from Article 3 of Regulation
 continue to conclude such contracts, provision should                   (EEC) No 193/75, the rights deriving from the
 be made for a longer period of validity, provided that                  licence referred to in the preceding subparagraph
                                                                         shall not be transferable .'
 certain conditions are fulfilled ;
Whereas the Commission adopted measures which                                                   Article 2
were not in accordance with the opinion of the
 Management Committee for Cereals ; whereas, in
                                                                     Article 12 ( 1 ) (d) of Regulation (EEC) No 2042/75
 accordance with the first subparagraph of Article 26
                                                                     shall be replaced by the following :
(3) of Regulation (EEC) No 2727/75, these measures
 had therefore to be communicated to the Council
                                                                         '(d) Eight units of account per metric ton for
 immediately after their adoption ;
                                                                                export licences for products specified in
                                                                                Article 1 (d) of Regulation (EEC) No 2727/75
Whereas it has proved necessary to amend the                                    and in Article 1 of Regulation No 359/
 measures proposed by the Commission , in particular                            67/ EEC in respect of which the export refund
 as regards the destination of the exports and the                              or levy is fixed in advance.
 period within which the destination must be indicated
on the export licence and also as regards the amount                            However, in the case of licences issued in
of the security in the case of licences having a long                           accordance with Article 9a, the security shall
 period of validity,                                                            be 20 units of account per metric ton . In such
                                                                                cases, by way of derogation from Article 17 (2)
(') OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ  No  L 130 , 19 . 5. 1976, p. 1 .                                        of Regulation (EEC) No 193/75, the security
(3) OJ  No  L 213 , 11 . 8 . 1975, p. 5.                                        shall be released only on production of proof
(4) OJ  No  L 84, 31 . 3 . 1976, p. 25.                                         that the product has been imported into the
 ---pagebreak--- 17. 6. 76                        Official Journal of the European Communities                        No L 156/ 17
        relevant subzone or European third country of       Regulation shall replace Commission Regulation
        destination. Such proof shall be furnished in       (EEC) No 11 57/76 (!).
        accordance with Article 11 ( 1 ) of Regulation
        (EEC) No 192/75.'
                       Article 3
Annex II to Regulation (EEC) No 2042/75 is hereby                                  Article 5
replaced by the Annex to this Regulation.
                       Article 4
                                                            This Regulation shall enter into force on the day of its
In accordance with the second subparagraph of               publication in the Official Journal of the European
Article 26 (3) of Regulation (EEC) No 2727/75, this         Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 16 June 1976.
                                                                       For the Council
                                                                        The President
                                                                          G. THORN
                                                            (M OJ No L 130, 19 . 5. 1976, p. 32.
 ---pagebreak--- No L 156/ 18                 Official Journal of the European Communities                               17. 6. 76
                                                      ANNEX
                            PERIOD OF VALIDITY OF EXPORT LICENCES
                                                   A. For cereals
               CCT heading               Description of goods                       Period of validity
                   No
           10.01 A         Common wheat and meslin                         30  days
           10.02           Rye                                             90  days
           10.03           Barley                                          30  days
           10.04           Oats                                            90  days
           10.05 B         Maize, other than hybrid maize for sowing       30  days
           10.07           Buckwheat, millet, canary seed and grain
                           sorghum ; other cereals                         90 days
           10.01 B         Durum wheat                                     90 days
           11.01 A         Wheat or meslin flour                        \
                                                                           Until the end of the second
           11.01 B         Rye flour                                   f
                                                                           month      following that of
           11.02 A I       Wheat groats and meal (common wheat I           issue
                           and durum wheat)                            /
           11.01 E         Maize flour                                 /   Until the end of the fourth
                                                                           month      following that of
           11.02 A V       Maize groats and meal                       \   issue
           11.07           Malt                                            Until the end of the fourth
                                                                           month      following that of
                                                                           issue
                           Other products listed in Article 1 of Regu­     Until the end of the third
                           lation (EEC) No 2727/75                         month      following that of
                                                                           issue
                                                     B. For rice
           10.06 A I       Paddy rice
           10.06 A II      Husked rice                                    90 days
           10.06 B         Semi-milled or wholly milled rice
           10.06 C         Broken rice                                    30 days
           11.01 F         Rice flour
           11.02 A VI      Rice groats and meal
                                                                          Until the end of the third
           11.02 E II e) 1 Flaked rice
                                                                          month      following that of
           11.02 F VI      Rice pellets                                   issue
           11.08 A II      Rice starch