CELEX: 
Language: en
Date: 1982-08-13 00:00:00
Title: Commission Decision of 29 July 1982 on the issuing of export licences without a security for food-aid operations for Poland

13 . 8 . 82                                Official Journal of the European Communities                              No L 238 / 57
                                                      COMMISSION DECISION
                                                             of 29 July 1982
                on the issuing of export licences without a security for food-aid operations for
                                                                  Poland
                                                               (82/ 557/ EEC)
THE COMMISSION OF THE EUROPEAN                                            should be required that the rights deriving from these
 COMMUNITIES,                                                             export licences be non-transferable ;
 Having regard to the Treaty establishing the European                    Whereas in Article 21 (2) of Commission Regulation
 Economic Community,                                                      (EEC) No 1371 /81 of 19 May 1981 laying down
                                                                          detailed rules for the administrative application of
                                                                          monetary compensatory amounts             as amended by
 Having regard to Council Regulation (EEC) No                             Regulation ( EEC) No 2898 /81 (6), which provides that
 2727/75 of 29 October 1975 on the common organi­                         no monetary compensatory amount shall be levied in
 zation of the market in cereals ('), as last amended by                  respect of exports to non-member countries for
 Regulation (EEC) No 1451 /82 (2), and in particular                      purposes of food-aid programmes carried out by
Article 12 (2) thereof, as well as the corresponding                      approved humanitarian organizations, the Commission
 provisions in other regulations on the common orga­                      has also provided for a derogation to facilitate the
 nization of the markets in agricultural products,                        operations referred to above ;
                                                                          Whereas the measures provided for in this Decision
Whereas the application for an export licence is                          are in accordance with the opinion of all the relevant
subject to the lodging of a security ; whereas in respect                 management committees,
of small quantities, Article 13 (4) of Commission
 Regulation (EEC) No 3183/ 80 of 3 December 1980
 laying down common detailed rules for the application
of the system of import and export licences and
advance fixing certificates for agricultural products (3),                HAS ADOPTED THIS DECISION :
as last amended by Regulation ( EEC) No 49/82 (4),
provides that Member States may issue licences or
certificates without security where the amount of secu­
rity involved is 25 ECU or less ;                                                                   Article 1
Whereas experience has shown that the quantities                          1 . Where no application is made for advance fixing
 exported to Poland by humanitarian organizations are                     of the refund, a Member State may issue export
greater than this limit ; whereas several of these orga­                  licences without a security provided that the licences
 nizations have been set up expressly for this purpose                    are applied for by a humanitarian organization in
and do not have the funds needed in order to lodge                        order to carry out food-aid operations to Poland .
 the security ; whereas this condition is an obstacle to
certain operations of a humanitarian nature ; whereas                     2.    ' Poland' shall be entered in section 13 of the
these operations are not commercial ; whereas, there­
fore, the Member States should be authorized to issue                     application for an export licence and of the licence ;
 licences without a security provided that no applica­                    the licence shall render export to Poland obligatory .
 tion is made for the advance fixing of the refund and
 the licence is applied for by a humanitarian organiza­                   3.    The rights deriving from these export licences
 tion for the purposes of food-aid operations for                         shall be non-transferable .
 Poland ;
                                                                          4. The application for a licence must be made to
Whereas to prevent abuse, entry of the destination                        the competent organization in the Member State
'Poland' on the licence should be obligatory and it                       where the applicant is established . Such licences must
                                                                          be returned to the issuing agency as soon as possible,
                                                                          and at the latest on expiry of the period of validity.
(')  OJ   No  L 281 , 1 . 11 . 1975, p . 1 .
(2)  OJ   No  L 164, 14. 6 . 1982, p . 1 .
")   OJ   No  L 338 , 13 . 12. 1980 , p . 1 .                             0 OJ No L 138 , 25 . 5 . 1981 , p . 1 .
M)   OJ   No  L 7 , 12 . 1 . 1982 , p . 7 .                               f ) OJ No L 287 , 8 . 10 . 1981 , p . 1 .
 ---pagebreak--- No L 238 / 58                   Official Journal of the European Communities                       13 . 8 . 82
                      Article 2                           Done at Brussels, 29 July 1982 .
The Member States shall lay down the conditions of
application of this Decision .
                                                                                 For the Commission
                      Article 3                                                    poul DALSAGER
This Decision is addressed to the Member States .                            Member of the Commission