COMMISSION REGULATION (EC) No 2136/95 of 7 September 1995 amending  Regulation (EC) No 1464/95 on special detailed rules for application of the system of import and  export licences in the sugar sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1785/81 of 30 June 1981 on common organization of the  markets in the sugar sector  (1), as last amended by Regulation (EC) No 1101/95  (2), and in  particular Articles 13 (2) and 39 thereof,
Whereas special detailed rules of application for import and export licences in the sugar sector  were adopted by Commission Regulation (EC) No 1464/95  (3);
Whereas respect for the export volume obligations arising from the Agreement on Agriculture  resulting from the Uruguay multilateral negotiations is ensured using export licences issued with a  set refund; whereas to this end the licences applied for should be issued following a reflection  period in which the Commission will be able to take whatever action may be needed in cases where  acceptance of the applications in question would result in an overshoot or risk of overshoot of the  volume and/or appropriations set in the Agreement on Agriculture for the marketing year in  question;
Whereas to enable the Commission to assess during this period what if any action needs to be taken  Member States should be required to notify without delay all applications for licences involving  periodically fixed refunds; whereas such measures may cover pending applications; whereas  applicants for licences should be able on certain terms to withdraw their application if an  acceptance percentage has been set;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Sugar,
Regulation (EC) No 1464/95 is hereby amended as follows:
1.  Article 2 first subparagraph is replaced by:
'By way of derogation from the fourth indent of the first subparagraph and from the second  subparagraph of Article 5 (1) of Regulation (EEC) No 3719/88 and from the first indent of the  second subparagraph of Article 2a of Commission Regulation (EEC) No 3665/87, no export licence  shall be required for the purposes of export operations relating to a quantity not exceeding two  tonnes of sugar produced under quotas falling within CN code 1701 and of sugar syrups falling  within CN codes 1702  60  90, 1702  90  99, 1702  90  71 and 2106  90  59.` 2.  Article 9 (1) is replaced by:
'1.  Without prejudice to application of Article 21 of Regulation (EEC) No 1785/81, licences for  sugar falling within CN code 1701 for quantities exceeding 10 tonnes, excluding:
(a)  C sugar;
(b)  candy sugar;
(c)  flavoured sugar; sugar with added colouring matter;
(d)  preferential sugar for importation into the Community in accordance with Regulation (EEC) No  2782/76;
(e)  special preferential sugar for importation into the community under Article 37 of Regulation  (EEC) No 1785/81 shall be issued -  in the case of import licences, on the third working day following that on which the application  was lodged,
-  in the case of export licences, on the fifth working day following that on which the application  was lodged.` 3.  The following Article 9a is added:
'Article 9a 1.  If a stage is reached at which applications for export licences bearing on quantities and/or  expenditure commitments overshoot or risk overshooting the volume and/or appropriations set in the  Agreement on Agriculture, account taken of Article 9 thereof, for the marketing year in question  the Commission may decide:
(a)  to set a flat-rate percentage level for acceptance by Member States of the quantities applied  for but for which licences have not yet been issued;
(b)  that Member States will reject applications for which export licences have not yet been  issued;
(c)  to suspend the lodging of applications for export licences for five working days; it may  prolong suspension, the procedure specified in Article 41 of Regulation (EEC) No 1785/81 applying.  Export licence applications made during the suspension period shall be invalid.
2.  Should the quantities applied for be reduced or refused the security against the licence shall  be immediately released for the quantities not granted.
3.  Applicants may withdraw their licence applications within 10 working days of publication in the  Official Journal of the European Communities of a flat-rate acceptance percentage as indicated at  (b) in paragraph 1 if it is less than 80  %. Member States shall thereupon release the security.
4.  Member States shall immediately notify to the Commission:
(a)  all applications for export licences for quantities exceeding 10 tonnes involving a  periodically fixed refund;
(b)  the quantities affected by action taken in application of paragraph 1.`
This Regulation shall enter into force on 1 October 1995.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.