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

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
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 organization  of the market in pigmeat  (1), as last amended by Regulation (EC) No 3290/94  (2), and in  particular Articles 8 (2), 13 (12) and 22 thereof,
Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and  transitional arrangements required in the agricultural sector in order to implement the agreements  concluded during the Uruguay Round of multilateral trade negotiations, and in particular Article 3  (1) thereof,
Whereas Regulation (EEC) No 2759/75 provides that from 1 July 1995 all exports for which export  refunds are requested shall be subject to the presentation of an export licence with advance fixing  of the refund; whereas 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 (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for  the application of the system of import and export licences and advance fixing licences for  agricultural products  (3), as last amended by Regulation (EC) No 1199/95  (4);
Whereas, in order to assure proper administration of the system, the rate of the security for  export licences under the said system should be fixed; whereas 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;
Whereas 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;  whereas therefore a detailed schedule for the lodging of applications and for the issuing of  licences should be laid down;
Whereas, in addition, the decision regarding applications for export licences should be  communicated only after a period of consideration; whereas 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; whereas  it is in the interest of traders to allow the licence application to be withdrawn after the  acceptance coefficient has been fixed;
Whereas, 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; whereas these licences,  however, should benefit from refunds only in accordance with the measures which the Commission  might possibly have taken for the period in question;
Whereas 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 (EEC) No 3719/88 should be laid down;
Whereas 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; whereas, in the interests  of efficient administration, the notifications from Member States to the Commission should be made  according to a uniform model;
Whereas to avoid any interruption of exports at the time of entry into force of the Agreement on  Agriculture of the Uruguay Round, authorization should be given for export licences to be applied  for and issued before the date of the entry into force of this Agreement, out for use after that  date;
Whereas the provisions of Commission Regulation (EEC) No 1700/84 of 18 June 1984 laying down  detailed rules for implementing the system of advance fixing certificates for refunds in the  pigmeat sector  (5), as last amended by Regulation (EC) No 1022/95  (6), are replaced by the  provisions of this Regulation; whereas Regulation (EEC) No 1700/84 should therefore be repealed as  from the date of entry into force of the Agreement on Agriculture of the Uruguay Round;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Pigmeat,