COMMISSION REGULATION (EC)  No 2078/95 of 30 August 1995 concerning derogations in the cereals sector from Regulation (EEC) No  3665/87 laying down common detailed rules for the application of the system of export refunds on  agricultural products and from 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 (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 (EEC) No 1766/92 of 30 June 1992 on the common orgnization of  the market in cereals  (2), as last amended by Regulation (EC) No 1863/95  (3), and in particular  Article 9 thereof,
Whereas, in order to guarantee that a distinction is made between quantities exported before and  quantities exported on or after the date of entry into force of the Uruguay Round Agricultural  Agreement, Commission Regulation (EC) No 1521/94  (4), lays down that the period of validity of  export licences issued under the arrangements currently in force is limited to 30 June 1995 and  that products covered by one of the systems referred to in Articles 4 and 5 of Council Regulation  (EEC) No 565/80  (5), as last amended by Regulation (EEC) No 2026/83  (6), must be the subject of  the export declaration;
Whereas it has transpired that a large number of operators have faced marketing difficulties for  the products mentioned in Annex A to Regulation (EEC) No 1766/92 and are therefore not able,  despite their efforts, to comply with the time limit of 60 days from the date of acceptance of the  export declaration within which the products must leave the customs territory of the Community,  which is laid down in Article 4 and Article 32 (1) of Commission Regulation (EEC) No 3665/87  (7),  as last amended by Regulation (EC) No 1384/95  (8) and Article 30 (1) (b) (i) of Commission  Regulation (EEC) No 3719/88  (9), as last amended by Regulation (EC) No 1199/95  (10); whereas  provision should therefore be made, because of the exceptional circumstances affecting these  products, for derogation from this time limit which should be increased to 90 days while  restricting this derogation to export licences issued before 1 May 1995;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Cereals,
By way of derogation from Article 30 (1) (b) (i) of Regulation (EEC)  No 3719/88 and Article 4 and Article 32 (1) of Regulation (EEC) No 3665/87, the time limit of 60  days shall be increased to 90 days for products mentioned in Annex A to Regulation (EEC) No 1766/92  for export refunds for which an export licence or an advance-fixing certificate issued before 1 May  1995 has been submitted, supported by the export declaration or the declaration of payment referred  to in Article 25 (1) of Regulation (EEC) No 3665/87.
This Regulation shall enter into force on the day of its publication in the Official  Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.