Commission Regulation (EC) No 1342/2003Dangos y teitl llawn

Article 8 U.K.

1. Export licences for products listed in Article 1(1)(a), (b) and (c) of Regulation (EEC) No 1766/92 and in Article 1 of Regulation (EC) No 3072/95 and for products falling within CN codes 1102 20 10, 1102 20 90, 1103 13 10, 1103 13 90, 1103 20 20, 1104 29 05, 1104 22 98, 1104 23 10, 1108 11 00, 1108 12 00, 1108 13 00, 1109 00 00, 1702 30 51, 1702 30 91, 1702 30 99, 1702 40 90, 1702 90 50, 1702 90 79, 2106 90 55, 2309 10 11, 2309 10 13, 2309 10 31, 2309 10 33, 2309 10 51, 2309 10 53, 2309 90 31, 2309 90 33, 2309 90 41, 2309 90 43, 2309 90 51 and 2309 90 53 as listed in Regulation (EEC) No 1766/92 shall be issued on the third working day after applications are lodged, provided that no special measures are taken in the meanwhile.

The Commission may decide not to grant applications.

The first subparagraph shall not apply to licences issued in connection with invitations to tender or to the licences referred to in Article 16 of Regulation (EC) No 1291/2000 that are issued for the purpose of a food aid operation within the meaning of Article 10(4) of the Agreement on Agriculture concluded as part of the Uruguay Round of multilateral trade negotiations(1). The scrutiny period shall not apply to the issue of export licences where an application relating to a quantity of 20 tonnes or less is submitted by a humanitarian agency without an accompanying refund application.

2. Without prejudice to Article 16 of Regulation (EEC) No 1766/92, at the request of operators, export licences without refund shall be issued on the day of submission of applications, except where an export duty is applicable to the product in question on the day of submission.

Where, at the time of export, an export duty has been fixed for the product covered by licences issued pursuant to the first subparagraph, that duty shall apply.

Such export licences shall be valid for 60 days from the day of issue.

[F1 Section 22 of licences shall contain one of the entries shown in Annex XI.]

3. Where this paragraph is specifically referred to when an export refund or an export tax on products listed in Article 1(1)(a), (b) and (c) of Regulation (EEC) No 1766/92 and Article 1(1)(a) of Regulation (EC) No 3072/95 is fixed, export licence applications must be accompanied by a copy of a contract. The contract must come from an official body in the country of destination or an undertaking with its place of business in that country and must indicate a quantity covered by, and a delivery period not extending beyond, the term of validity of the licence. No export licences may have been issued previously for the contract under this Article. The Member State concerned shall verify that licence applications comply with the conditions laid down in this paragraph and shall notify the Commission on the day they are lodged of the quantity covered by licences which are admissible. The corresponding licences shall actually be issued only on the third working day following the day on which the applications are submitted, provided that no special measures are taken by the Commission before then.

If applications for export licences as referred to in the first paragraph cover quantities in excess of those which may be committed for export and which are indicated in the regulation fixing the refund or tax in question, the Commission may fix a uniform percentage reduction in the quantities within two working days of submission of the applications. Licence applications may be withdrawn within two working days of the date of publication of the percentage reduction.

Notwithstanding Article 9 of Regulation (EC) No 1291/2000, rights deriving from licences shall not be transferable.

In the case of non-performance of the contract by the importing purchaser, the operator may export to a different country of destination but only against the export refund or export tax in force on the day on which applications for export licences to ‘other third countries’ were originally lodged. Where no export refund or export tax exists for ‘other third countries’ on the date of the original licence application, an ad hoc solution may be adopted, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92.

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1996/2006 of 22 December 2006 adapting several Regulations concerning the cereals market by reason of the accession of Bulgaria and Romania to the European Union.

(1)

OJ L 336, 23.12.1994, p. 22.