Commission Regulation (EC) No 1518/2003 of 28 August 2003 laying down detailed rules for implementing the system of export licences in the pigmeat sector

Commission Regulation (EC) No 1518/2003
of 28 August 2003
laying down detailed rules for implementing the system of export licences in the pigmeat sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat(1), as last amended by Regulation (EC) No 1365/2000(2), and in particular Articles 8(2), 13(12) and 22 thereof,
Whereas:
(1) Commission Regulation (EC) No 1370/95 of 16 June 1995 laying down detailed rules for implementing the system of export licences in the pigmeat sector(3) has been substantially amended several times(4). In the interests of clarity and rationality the said Regulation should be codified.
(2) Regulation (EEC) No 2759/75 provides that all exports for which export refunds are requested shall be subject to the presentation of an export licence with advance fixing of the refund. Therefore specific implementing rules should be laid down for the pigmeat sector which should in particular include provisions for the submission of the applications and the information which must appear on the applications and licences, in addition to those contained in Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing licences for agricultural products(5), as last amended by Regulation (EC) No 325/2003(6).
(3) In order to assure proper administration of the system, the rate of the security for export licences under the said system should be fixed. In view of the risk of speculation inherent in the system in the pigmeat sector, export licences should not be transferable and precise conditions governing access by traders to the said system should be laid down.
(4) Article 13(11) of Regulation (EEC) No 2759/75 provides that compliance with the obligations arising from agreements concluded during the Uruguay Round of multilateral trade negotiations regarding the export volume shall be ensured on the basis of the export licences. Therefore a detailed schedule for the lodging of applications and for the issuing of licences should be laid down.
(5) In addition, the decision regarding applications for export licences should be communicated only after a period of consideration. This period would allow the Commission to appreciate the quantities applied for as well as the expenditure involved and, if appropriate, to take specific measures applicable in particular to the applications which are pending. It is in the interest of traders to allow the licence application to be withdrawn after the acceptance coefficient has been fixed.
(6) In the case of applications concerning quantities equal to or less than 25 tonnes, the export licence should be issued immediately if the trader requests it. In this case, the licences shall not be subject to any special measures taken by the Commission.
(7) In order to ensure an exact follow up of the quantities to be exported, a derogation from the rules regarding the tolerances laid down in Regulation (EC) No 1291/2000 should be laid down.
(8) The Commission must dispose of precise information concerning applications for licences and of the use of licences issued, in order to be able to manage this system. In the interests of efficient administration, the notifications from Member States to the Commission should be made according to a uniform model.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,