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,
1.  Notwithstanding Article 12 (2) of Regulation (EEC) No 1766/92,  Article 13 (2) of Regulation (EEC) No 1418/76 and Article 16 (2) of Regulation (EEC) No 805/68, for  import licences with advance-fixing of the import levy issued from 8 April 1995, the application of  the levy applicable on the day of the licence application, adjusted, where appropriate, on the  basis of the threshold price, shall be limited to imports carried out on or before 30 June 1995.
For the purpose of applying the first subparagraph, the licences shall contain one of the following  in Section 24:
-  exacción reguladora fijada por anticipado aplicable hasta el 30 de junio de 1995,
-  prélèvement préfixé applicable jusqu'au 30 juin 1995,
-  levy fixed in advance applicable until 30 June 1995,
-  forudfastsat afgift gaeldende indtil 30. juni 1995,
-  Bis 30. Juni 1995 im voraus festgesetzte Abschoepfung,
-  ðñïêáèïñéóìÝíç aaéóoeïñUE aaoeáñìïaeïìÝíç Ýùò ôéò 30 Éïõíssïõ 1995,
-  Prelievo prefissato valido fino al 30 giugno 1995,
-  Vooraf vastgestelde heffing van toepassing tot en met 30 juni 1995,
-  Direito nivelador prefixado aplicável até 30 de Junho de 1995,
-  foerutfaststaelld avgift tillaemplig till och med den 30 juni 1995,
-  ennakkovahvistettua maksua sovelletaan 30 paeivaeaen kesaekuuta 1995.
2.  Imports effected under the common organization of the markets in cereals and rice from 1 July  1995 on the basis of import licences with advance-fixing of the import levy issued before 8 April  1995 and in accordance with Article 17 (1) of Commission Regulation (EEC) No 3719/88  (1) shall be  subject to the import duties resulting from the application of the provisions of Title II of  Regulation (EEC) No 1766/92 and Title II of Regulation (EEC) No 1418/76 respectively, in the  versions applicable from 1 July 1995.
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.