Commission Regulation (EC) No 1268/95 of 2 June 1995 laying down certain transitional measures concerning the implementation of the Uruguay Round Agreement on Agriculture applicable to agricultural products exported in the form of goods not covered by Annex II to the Treaty and modifying Regulation (EC) No 2476/94

COMMISSION REGULATION (EC) No 1268/95 of 2  June 1995 laying down certain transitional measures concerning the implementation of the Uruguay  Round Agreement on Agriculture applicable to agricultural products exported in the form of goods  not covered by Annex II to the Treaty and modifying Regulation (EC) No 2476/94
THE  COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and  transitional arrangements required in the agriculture sector in order to implement the agreements  concluded during the Uruguay Round of multilateral trade negotiations  (1), and in particular  Article 3 thereof,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade  arrangements applicable to certain goods resulting from the processing of agricultural products   (2), and in particular Articles 8 (3) and 20 thereof,
Whereas, in order to ensure that a distinction is made between quantities exported before and  quantities exported after the date of entry into force of the Uruguay Round Agreement on  Agriculture, Article 1 of Commission Regulation (EC) No 2476/94  (3) lays down that the period of  validity of advance fixing certificates issued under the current arrangements for certain  agricultural products exported in the form of goods not covered by Annex II to the Treaty is  limited to 13 October 1995; whereas that provision could lead to an interruption of export flows  when the Uruguay Round Agreement on Agriculture enters into force for products exported in the form  of goods not covered by Annex II to the Treaty on 16 October 1995; whereas, to avoid such a  disruption of trade, transitional measures should be adopted to permit the use of advance fixing  certificates issued before 16 October 1995 after that date;
Whereas, in order to ensure precise administration of the quantities which may be exported,  certificates should be issued after a period for consideration and the information to be notified  to the Commission and the method to be used for that notification should be specified;
Whereas applications for advance fixing certificates involving moderate quantities of basic  products do not risk seriously upsetting the forecasts of expenditure during a budgetary year;
Whereas an application for advance fixing at the beginning of a budgetary year has the same effect  on overall expenditure in that year as an application lodged at the end of the year; whereas the  issue of certificates should therefore be subject to the same rules throughout the year;
Whereas quantities exported as international food aid within the meaning of Article 10 (4) of the  Uruguay Round Agreement on Agriculture should be identified;
Whereas the Management Committee on horizontal questions concerning trade in processed agricultural  products not listed in Annex II has not delivered an opinion within the time limit set by its  chairman,