COMMISSION REGULATION (EC) No 1009/98 of 14 May 1998 amending Regulation (EC) No 1372/95 laying down detailed rules for implementing the system of export licences in the poultrymeat sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1), as last amended by Commission Regulation (EC) 2916/95 (2), and in particular Article 3(2) thereof,
Whereas Commission Regulation (EC) No 1372/95 (3), as last amended by Regulation (EC) No 2370/96 (4), lays down detailed rules for implementing the system of export licences in the poultrymeat sector;
Whereas Commission Regulation (EEC) No 3665/87 (5), as last amended by Regulation (EC) No 604/98 (6), lays down common detailed rules for the application of the system of export refunds on agricultural products; whereas Article 3 thereof defines the day of export; whereas the text of Regulation (EC) No 1372/95 should be amended to adjust it to that definition;
Whereas Commission Regulation (EC) No 2448/95 of 10 October 1995 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (7) establishes new subdivisions of CN code 0105 with effect from 1 January 1996; whereas Articles 1 and 9 of Regulation (EC) No 1372/95 should therefore be adjusted;
Whereas Articles 4 and 9 of and Annex II to Regulation (EC) No 1372/95 contain errors which should be corrected;
Whereas the time limit for notification by Member States to the Commission of applications for 'ex-post` export licences should be the same as for other export licences;
Whereas the measures provided for in this Regulation are in accordance with the opinion of Management Committee for Poultrymeat and Eggs,
Regulation (EC) No 1372/95 is hereby amended as follows:
1. in Articles 1 and 9(1), 'CN codes 0105 11 and 0105 19` is replaced by 'CN codes 0105 11, 0105 12 and 0105 19`;
2. in Article 4(3)(a), the references to Sections 17 and 18 are replaced by references to Sections 15 and 16;
3. in Article 9:
(a) in the first subparagraph of paragraph 2:
- the reference to Section 22 is replaced by a reference to Section 20,
- the phrase 'the date on which they took place` is replaced by 'the date of export within the meaning of Article 3 of Regulation (EEC) No 3665/87`;
(b) in the first subparagraph of paragraph 3, the first sentence is replaced by the following:
'Member States shall communicate to the Commission, each Friday from 1 p.m., by fax, the number of 'ex-post` export licences applied for or the absence of such applications, during the current week.`;
(c) in paragraph 4, the second subparagraph is replaced by the following:
'This licence accords entitlement to payment of the refund applicable on the day of export within the meaning of Article 3 of Regulation (EEC) No 3665/87.`;
4. in Annex II, Part A, 'ECU/100 kg` is replaced by 'ECU/100 kg or 100 pieces`.
This Regulation shall enter into force on 1 June 1998.
This Regulation shall be binding in its entirety and directly applicable in all Member States.