Commission Regulation (EC) No 1033/98 of 18 May 1998 amending Regulation (EEC) No 3719/88 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products

COMMISSION REGULATION (EC) No 1033/98 of 18 May 1998 amending Regulation (EEC) No 3719/88 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products
THE 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 organisation of the market in cereals (1), as last amended by Commission Regulation (EC) No 923/96 (2), and in particular Articles 9(2) and 23 thereof, and to the corresponding provisions of the other regulations on the common organisation of the market in agricultural products,
Whereas Article 8(4) of Commission Regulation (EEC) No 3719/88 (3), as last amended by Regulation (EC) No 1404/97 (4), provides that where the quantity imported or exported exceeds the quantity shown on the licence or certificate by not more than 5 %, it is to be considered to have been imported or exported under that licence or certificate;
Whereas, where an import licence covering an agricultural product is also used to administer a tariff quota to which preferential arrangements apply, such preferential arrangements are to apply to importers by virtue of the licence or certificate irrespective of whether the product is to be accompanied by a document from a third country;
Whereas, with a view to avoiding any overrun in the quota, the preferential arrangements must apply up to the quantity for which the licence or certificate was issued; whereas, with a view to facilitating imports, the tolerance provided for in Article 8(4) of Regulation (EEC) No 3719/88 should be permitted, provided that it is specified at the same time that the part of the quantity exceeding that shown on the licence or certificate but within the tolerance does not qualify under the preferential arrangements and full duty is payable thereon on import;
Whereas, where imports of a product are not subject to presentation of an import licence and where such a licence serves to administer a quota, the application of the tolerance is not necessary; whereas in such cases the quantity in excess of that shown on the licence or certificate should be regarded as having been imported outside the licence and subject to full duty and cannot qualify under the preferential arrangements covering the quota;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the relevant management committees,