Commission Regulation (EC) No 1023/95 of 5 May 1995 limiting the application of import levies fixed in advance under the common organizations of the market in cereals, rice and beef and veal to 30 June 1995

COMMISSION REGULATION (EC) No 1023/95 of 5 May 1995 limiting the  application of import levies fixed in advance under the common organizations of the market in  cereals, rice and beef and veal to 30 June 1995
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,
Whereas from the application on 1 July 1995 of the new import arrangements for agricultural  products, as established by Regulation (EC) No 3290/94, variable import levies will no longer  apply; whereas in their place the duties of the Common Customs Tariff will apply, except where  special rules apply in certain sectors;
Whereas import licences generally have a period of validity of several months; whereas, therefore,  levies fixed in advance from April may, in many cases, be valid beyond 30 June 1995, making the  import charges resulting from the new arrangements partly inapplicable; whereas it is therefore  necessary, in the cereals, rice and beef and veal sectors, governed respectively by Council  Regulations (EEC) No 1766/92  (2), (EEC) No 1418/76  (3) and (EEC) No 805/68  (4), as last amended  by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94, where  advance fixing of the levy is permitted to limit the application of levies fixed in advance to  imports effected on or before 30 June 1995;
Whereas the fact that variable levies will be abolished on 1 July 1995 has been known by operators  since the publication of Regulation (EC) No 3290/94; whereas it is imperative to ensure that this  measure is applied as soon as possible in order to guarantee that the new import arrangements  function smoothly from their introduction; whereas operators were informed of the Commission's  intention of adopting this transitional measure by the Commission notice published in the Official  Journal of the European Communities (5);
Whereas pursuant to Article 12 (2) of Regulation (EEC) No 1766/92 and Article 13 (2) of Regulation  (EEC) No 1418/76, levies fixed in advance in the cereals and rice sectors are adjusted on the basis  of the threshold price in force during the month of importation; whereas under the new import  arrangements laid down in Annexes I and II to Regulation (EC) No 3290/94, threshold prices will no  longer be set for the 1995/96 marketing year; whereas in those sectors the threshold price fixed  for the 1994/95 marketing year will no longer apply from 1 July 1995; whereas, therefore, levies  provisionally fixed in advance cannot become definitive; whereas operators have been aware of this  since the entry into force of Regulation (EC) No 3290/94; whereas consequently it is appropriate  also to provide for the application of normal customs duties to imports effected from 1 July 1995  on the basis of advance-fixing certificates issued before the publication of the abovementioned  notice;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committees concerned,