CELEX: 31995R2481
Language: en
Date: 1995-10-25 00:00:00
Title: Commission Regulation (EC) No 2481/95 of 25 October 1995 amending Regulation (EC) No 1502/95 on rules of application (cereal sector import duties 1995/96 marketing year) for Council Regulation (EEC) No 1766/92

Avis juridique important

|

31995R2481

Commission Regulation (EC) No 2481/95 of 25 October 1995 amending Regulation (EC) No 1502/95 on rules of application (cereal sector import duties 1995/96 marketing year) for Council Regulation (EEC) No 1766/92  

Official Journal L 256 , 26/10/1995 P. 0010 - 0011

COMMISSION REGULATION (EC) No 2481/95 of 25 October 1995 amending  Regulation (EC) No 1502/95 on rules of application (cereal sector import duties 1995/96 marketing  year) for Council Regulation (EEC) No 1766/92THE COMMISSION OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of  the market in cereals  (1), as last amended by Regulation (EC) No 1863/95  (2), and in particular  Article 10 (4) thereof, Whereas the third subparagraph of Article 2 (1) of Commission Regulation (EC) No 1502/95  (3), as  last amended by Regulation (EC) No 1817/95  (4), provides for the adjustment of the import duty  between two regular fixing days by the difference between the intervention price valid for the  month in which it was fixed plus 55  % and that for the month of importation plus 55  %; whereas,  in practice, the application of this adjustment has caused problems for the Member States' customs  services; whereas, for the sake of simplification, the adjustment may be carried out by the  Commission by fixing import duties at the beginning of each month; Whereas, also for the sake of simplification, the securities provided for in Article 2 (5) (c) and  Article 5 of Regulation (EC) No 1502/95 should be lodged with the customs services of the Member  States and not with the authority issuing the licence; whereas the provisions of the last  subparagraph of Article 6 (3) concerning the release of securities should be adjusted accordingly;  whereas Regulation (EC) No 1502/95 should therefore be amended; Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Cereals, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1502/95 is hereby amended as follows: 1.  in Article 2: (a)  paragraph 1 is replaced by the following: 'The import duties referred to in Article 10 (2) of Regulation (EEC) No 1766/92 on products of the  following codes: -  CN 1001  10  00 to 1001  90  99 (except meslin), -  CN 1002  00, -  CN 1003  00  10 and 1003  00  90, -  CN 1005  10  90 and 1005  90  00, -  CN 1007  00  90, shall be calculated daily but fixed every second Wednesday and on the last working day of each  month by the Commission for application from the following working day and the first day of the  following month respectively. However if during the period of application of the duty thus fixed,  the average import duty calculated differs by ECU 5 per tonne or more from that fixed, a  corresponding adjustment shall be made. The duties fixed on the last working day of each month  shall be based on the following month's intervention price. If the Wednesday on which import duties are due to be fixed is not a working day for the Commission  they shall be set on the first working day following.`; (b)  paragraph 5 (c) is replaced by the following: '(c)  lodging with the competent authority concerned a security of ECU 8 per tonne. The security  shall be released on condition that the importer produces evidence of the specific final use  warranting a quality premium over the price of the product referred to in (a). That evidence must  prove to the satisfaction of the competent authorities of the Member State of importation that all  the cereals imported have been processed into the product specified in the declaration referred to  in (a) within the time limit referred to in (b). If processing is carried out in a Member State  other than that of importation, evidence of processing shall be provided by means of the T5 control  copy.`; 2.  the second indent of Article 5 is replaced by the following: '-  if the import duty on the quality indicated in box 20 is not the highest duty for the product  category in question, provide a written undertaking to lodge with the competent authority  concerned, on the day of acceptance of the declaration of release for free circulation, a specific  security additional to those required pursuant to Commission Regulation (EC) No 1162/95  (1). The  amount of the security shall be equal to the difference on the day of acceptance of the declaration  of release for free circulation between the highest duty and that applicable to the quality shown  plus a supplement of ECU 5 per tonne.`; 3.  Article 6 (3) is replaced by the following: '3.  If the analysis results show the imported wheat to be of a lower standard quality than entered  on the import licence, the importer shall pay the difference between the import duty applicable to  the product shown on the licence and that on the product actually imported. The security referred  to in Article 5 shall then be released except for the ECU 5 per tonne supplement. If the above difference is not paid within one month, the security referred to in Article 5 shall  be forfeit.` Article 2 This Regulation shall enter into force on the third day following its publication in  the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 25 October 1995. For the Commission Franz FISCHLER Member of the Commission