COMMISSION REGULATION (EC) No 829/95 of 12 April 1995  derogating from Commission Regulation (EC) No 1223/94 laying down special detailed rules for the  application of the system of advance-fixing certificates for certain agricultural products exported  in the form of goods not covered by Annex II to the Treaty, and derogating from Commission  Regulation (EEC) No 3665/87 laying down common detailed rules for the application of the system of  export refunds on 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 organization of  the market in cereals  (1), as amended by the Act of Accession of Austria, Finland and Sweden, and  in particular Articles 13 (1), the third paragraph of 13 (4) and 23 thereof,
Whereas Article 4 of Commission Regulation (EC) No 1223/94 of 30 May 1994 laying down special  detailed rules for the application of the system of advance-fixing certificates for certain  agricultural products exported in the form of goods not covered by Annex II to the Treaty  (2),  specifies the period of validity of advance-fixing certificates for refunds;
Whereas the situation on the durum wheat market makes it necessary to adjust the period of validity  of advance-fixing certificates for durum wheat exported in the form of goods not covered by Annex  II to the Treaty in order to prevent applications for advance fixing of refunds for speculative  purposes;
Whereas provision should be made that application of the system of prefinancing of export refunds  for durum wheat exported in the form of goods not covered by Annex II, pursuant to Commission  Regulation (EEC) No 3665/87 laying down common detailed rules for the application of the system of  export refunds on agricultural products  (3), should not, because of the current situation on the  durum wheat market, lead to an extension of the period of validity of advance-fixing certificates  for durum wheat exported in the form of goods not covered by Annex II to the Treaty;
Whereas provisions should be made that application of the system for prefinancing should not lead,  taking account of the current situation on durum wheat market, to an extension of the validity of  the rate applied on the day of acceptance of the declaration of payment for exports of durum wheat  in the form of goods not covered by Annex II to the Treaty;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Cereals,
1.  By derogation from Article 4 (2) (c) of Regulation (EC) No  1223/94, the duration of validity of certificates delivered between the date of entry into force of  this Regulation and 31 May 1995 of advanced fixing of refunds for durum wheat exported in the form  of goods not covered by Annex II to the Treaty, is limited to 31  May 1995.
2.  The provisions in the last subparagraph of Article 27 (5) of Regulation (EEC) No 3665/87 shall  not apply to the certificates referred to in the previous paragraph.
3.  In any case, the export declaration must be accepted by 31 May 1995 at the latest.
By derogation from Article 27 (5) of Regulation (EEC) No 3665/87 the acceptance of a  declaration of payment cannot take place, in cases where an export refund advance fixing  certificate is not presented, unless a declaration of exportation of the goods is accepted by 31  May 1995 at the latest.
This Regulation shall enter into force on the day following 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.