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Commission Regulation (EC) No 1342/2003Show full title

Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice

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[F1Article 1 U.K.

1. This Regulation lays down specific detailed rules for the application of the system of import and export licences and advance fixing certificates implemented by Commission Regulation (EC) No 376/2008 (1) for the products listed in Parts I and II of Annex I to Council Regulation (EC) No 1234/2007 (2) .

2. Regulation (EC) No 376/2008 and Commission Regulations (EC) No 1301/2006 (3) and (EC) No 1454/2007 (4) shall apply, save as otherwise provided in this Regulation.]

Textual Amendments

Article 2U.K.

1.Where applications for export licences are submitted in connection with invitations to tender issued pursuant to Article 7 of Commission Regulation (EEC) No 2131/93(5), the licences shall be issued only for the quantities for which the applicants have obtained contracts.

The export licences shall be valid for no more than the quantity indicated in section 17. The figure ‘0’ shall be entered in section 19.

2.Applications for export licences as provided for in Article 8(2) of Regulation (EEC) No 2131/93 shall show the relevant destination in section 7. The holders of the licences shall be obliged to export the products in question to that destination.

All countries for which the same rate of export refund or tax applies shall be considered as one destination.

[F2Article 3 U.K.

1. Where export refunds are fixed by tender, the rate of refund appearing in statements of award of contracts shall be entered in letters and figures in section 22 of the licences. This rate shall be expressed in Euro and shall be preceded by one of the entries shown in Annex VII to this Regulation.

2. Where export taxes are fixed by tender, the rate of tax appearing in statements of award of contracts shall be entered in letters and figures in section 22 of the licences. This rate shall be expressed in Euro and shall be preceded by one of the entries shown in Annex VIII to this Regulation.]

Textual Amendments

Article 4U.K.

1.Notwithstanding Article 14 of Regulation (EC) No 1291/2000, for products falling within CN codes 1101 00 15, 1102 20, 1103 11 10 and 1103 13, applications for export licences may indicate products falling within two contiguous 12-digit subdivisions of the abovementioned subheadings.

The following product categories within the meaning of Article 14 of Regulation (EEC) No 1291/2000 shall apply:

category 1:1108 11 00 9200, 1108 11 00 9300
category 2:1108 12 00 9200, 1108 12 00 9300
category 3:1108 13 00 9200, 1108 13 00 9300
category 4:1108 19 10 9200, 1108 19 10 9300
category 5:1702 30 51 9000, 1702 30 91 9000, 1702 90 50 9100
category 6:1702 30 59 9000, 1702 30 99 9000, 1702 40 90 9000, 1702 90 50 9900, 2106 90 55 9000[F3.]
[F4category 7: 1006 20 11 9000 , 1006 20 13 9000 , 1006 20 15 9000 , 1006 20 92 9000 , 1006 20 94 9000 , 1006 20 96 9000 ,
category 8: 1006 30 21 9000 , 1006 30 23 9000 , 1006 30 25 9000 , 1006 30 42 9000 , 1006 30 44 9000 , 1006 30 46 9000
category 9: 1006 30 61 9100 , 1006 30 63 9100 , 1006 30 65 9100 , 1006 30 92 9100 , 1006 30 94 9100 , 1006 30 96 9100
category 10: 1006 30 61 9900 , 1006 30 63 9900 , 1006 30 65 9900 , 1006 30 92 9900 , 1006 30 94 9900 , 1006 30 96 9900 .]

The 12-digit subdivisions shown in applications shall appear on the export licences.

2.Notwithstanding Article 14 of Regulation (EC) No 1291/2000, for products falling within CN codes 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 containing less than 50 % by weight of milk products, export licence applications shall show:

(a)in section 15, the description of the product and its 12-digit code; in the case of products falling within two or more adjacent subdivisions the exporter may show the 12-digit refund nomenclature, in which case the following shall be indicated in section 15: preparations used for animal feed covered by Regulation (EC) No 1517/95;

(b)in section 16, the reference ‘2309’;

(c)in sections 17 and 18, the quantity of compound feedingstuffs which must be exported;

(d)in section 20, the content in cereal products to be incorporated in the compound feedingstuff if this is known, a distinction being made between maize and other cereals; otherwise, if use is made of the provision referred to in point (a) of annotating section 15 with a reference specifying two or more subdivisions, the bracket showing the quantities of maize and other cereals incorporated.

The details included on applications shall be shown on the export licences.

Textual Amendments

[F2Article 5 U.K.

For the purposes of the second paragraph of Article 15 of the Commission Regulation (EC) No 1501/95 (6) and of Article 16(10) of Regulation (EC) No 3072/95, section 22 of export licenses shall show one of the entries shown in Annex IX to this Regulation.]

Textual Amendments

[F1Article 6 U.K.

1. The period of validity of the import and export licence shall be as follows:

[F5((a)] F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) save as otherwise provided, for products imported or exported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications in accordance with articles 308a, 308b and 308c of Commission Regulation (EC) No 2454/93 (7) (first come first served principle): from the actual day of issue of the licence, in accordance with Article 22(2) of Regulation (EC) No 376/2008, until the end of the second month following the month of that day;

(c) for products exported for which a refund has been fixed and for products for which, on the day of submission of the licence application, an export tax has been fixed: from the day of issue of the licence, in accordance with Article 22(1) of Regulation (EC) No 376/2008, until the end of the fourth month following the month of that day.

[F62. Notwithstanding paragraph 1, the validity of export licences for products listed in Part II(A) of Annex II to Regulation (EC) No 376/2008 shall expire on the 60th day following their date of issue, as defined in Article 22(1) of the above-mentioned Regulation, where no refund has been fixed, whether or not in advance, or where these products are exported without a refund, in accordance with Article 8(3) hereof.]

3. By way of derogation from paragraph 1, the validity of export licences for which a refund has been fixed for products falling within CN codes 1702 30 , 1702 40 , 1702 90 and 2106 90 , shall expire not later than:

(a) 30 June for applications submitted until 31 May of each marketing year;

(b) 30 September for applications submitted from 1 June of a marketing year until 31 August of the following marketing year;

(c) 30 days from the day of issue of the licence for applications submitted from 1 September to 30 September of the same marketing year.

4. By way of derogation from paragraph 1, at the request of the operator, the validity of export licences for which a refund has been fixed for products falling within CN codes 1107 10 19 , 1107 10 99 and 1107 20 00 shall expire not later than:

(a) 30 September of the current calendar year, for licences issued from 1 January to 30 April;

(b) the end of the 11th month following that of issue, for licences issued from 1 July to 31 October;

(c) 30 September of the following calendar year, for licences issued from 1 November to 31 December.

5. Section 22 of the licences issued as provided for in paragraphs 2, 3 and 4 shall contain one of the entries set out in Annex X.

6. Where a special term of validity is laid down for import licences for imports originating in and coming from certain third countries, sections 7 and 8 of the licence applications and of the licences themselves shall state the country or countries of provenance and of origin. Licences shall entail an obligation to import from that country or those countries.

[F77. By way of derogation from Article 8(1) of Regulation (EC) No 376/2008, rights deriving from licences referred to in paragraph 4 of this Article shall not be transferable.] ]

Textual Amendments

F8Article 7U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F1Article 8 U.K.

1. Export licences for products for which a refund or a tax has been fixed shall be issued on the third working day following that on which the application was lodged provided that no specific action as indicated in Article 9 of this Regulation, in Article 15 of Regulation (EC) No 1501/1995 or in Article 5 of Commission Regulation (EC) No 1518/1995 (8) has been in the meantime taken by the Commission and provided that the quantity for which licences have been applied for have been notified in accordance with Article 16(1)(a) of this Regulation.

The first subparagraph shall not apply to licences issued in connection with invitations to tender or to the licences referred to in Article 15 of Regulation (EC) No 376/2008 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 (9) . Those export licences shall be issued on the first working day following the day of acceptation of the tender.

F52.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F93. Notwithstanding paragraph 1, export licences for products for which a refund has been fixed shall be issued, at the operator’s request, on the day on which the application is submitted, provided that the application specifies that the licence is issued without a refund and that, where an export tax is applicable upon acceptance of the export declaration, that tax applies to the products concerned. In such cases, box 20 of the application and the export licence issued must contain one of the entries shown in Annex Ia.] ]

Textual Amendments

[F1Article 9 U.K.

F51.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F52.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Applicants may withdraw their licence applications within three working days of publication in the Official Journal of the European Union of an acceptance percentage as indicated in point (a) of paragraph 1 if it is less than 80 %. Member States shall thereupon release the security.

4. Actions taken on the basis of paragraph 1 shall not apply to exports carried out to implement Community and national food aid measures provided for under international agreements or other supplementary programmes, or to implement other Community free supply measures.]

Textual Amendments

Article 10U.K.

1.Where export is effected pursuant to an invitation to tender opened in an importing third country, export licences for common wheat, durum wheat, rye, barley, maize, rice, wheat flour, rye flour, groats and meal of durum wheat and products covered by CN codes 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 containing less than 50 % by weight of milk products shall be valid from their date of issue within the meaning of Article 23(1) of Regulation (EC) No 1291/2000 until the date on which the obligations arising from the award are to be fulfilled.

2.The term of validity of the licence may not exceed four months following the month of issue pursuant to Article 23(1) of Regulation (EC) No 1291/2000.

3.Notwithstanding the third subparagraph of Article 49(3) of Regulation (EC) No 1291/2000, licence applications may not be lodged more than four working days before the closing date for the submission of tenders specified in the invitation to tender.

4.Notwithstanding Article 49(5) of Regulation (EC) No 1291/2000, the maximum period between the closing date for the submission of tenders and the notification given to the issuing agency by the applicant concerning the outcome of the invitation to tender as provided for in Article 44(5)(a) to (d) of that Regulation shall be six working days.

F8Article 11U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F1Article 12 U.K.

The security referred to in Article 14(2) of Regulation (EC) No 376/2008 to be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85 (10) shall be as follows:

(a)

[F5. . . . .]

(b)

save as otherwise provided, for products imported or exported under tariff quotas:

(i)

30 euros per tonne for products imported;

(ii)

3 euros per tonne for the products exported without refund;

(c)

for products exported for which a refund has been fixed or for licences in respect of products for which, on the day of submission of the licence application, an export tax has been fixed:

(i)

20 euros per tonne for the products falling within CN codes 1102 20 , 1103 13 , and 1104 19 50 , 1104 23 10 , 1108 , 1702 , and 2106 ;

(ii)

10 euros per tonne for the other products;

(iii)

[F9EUR 3 per tonne for products to which Article 8(3) applies.] ]

Textual Amendments

Article 13U.K.

Where the term of validity of licences is extended pursuant to Article 41 of Regulation (EC) No 1291/2000, the corrective amount applicable shall be that in force on the day the licence application was submitted for export during the last month of the normal term of validity of the licence.

In addition, the export refund shall be adjusted in accordance with Article 14 of this Regulation.

Article 14U.K.

1.Refunds applicable pursuant to Article 13(5) of Regulation (EEC) No 1766/92 on products listed in Article 1(1)(a) and (b) of that Regulation with the exception of maize and grain sorghum shall be adjusted, during the months of August to May of the same marketing year, by an amount equal to the monthly increase applicable to the intervention price fixed for that marketing year.

In the case of maize and grain sorghum, the refunds shall be adjusted, during the months of November of one marketing year to August of the following marketing year, by an amount equal to the monthly increase applicable to the intervention prices fixed for the marketing year concerned.

The first adjustment shall be made on the first day of the calendar month following that of application. Subsequent adjustments shall apply each month.

In the case of the products listed in Article 1(1)(a) and (b) of Regulation (EEC) No 1766/92 with the exception of maize and grain sorghum, refunds adjusted in accordance with the first subparagraph and applicable in May shall continue to apply in June. In the case of maize and grain sorghum, refunds adjusted in accordance with the second subparagraph and applicable in August shall continue to apply in September.

2.The adjustment provided for in paragraph 1 shall not apply where the amount of the refund is equal to zero.

3.Where the term of validity of licences extends beyond the end of the marketing year and export occurs in the following marketing year, refunds on products listed in Article 1(1)(a) and (b) of Regulation (EEC) No 1766/92, exclusive of any monthly increases referred to in paragraph 1, with the exception of maize and grain sorghum shall be reduced by the price break between the two marketing years. That price break shall occur on 1 July and shall be defined as:

(a)the difference between the intervention prices, exclusive of any monthly increase, for the previous and the new marketing years; plus

(b)an amount equal to the monthly increase, multiplied by the number of months elapsing between August and the month of the licence application, inclusive.

Where the price break is greater than the refund in question, the corrected refund shall be reduced to zero.

Refunds reduced by the price break shall be increased as from August in the new marketing year, in accordance with the rules set out in paragraph 1, by the monthly increase applying to the new marketing year.

4.In the case of maize and grain sorghum, the rules on adjustment set out in paragraph 3 shall apply mutatis mutandis, with the following exceptions:

(a)the end of the marketing year shall be deemed to be 30 September;

(b)the abovementioned price break shall occur on 1 October instead of 1 July;

(c)the month of August shall be replaced by November;

(d)the monthly increases shall be those applicable to the marketing years in question.

Article 15U.K.

1.In the case of products listed in Article 1(1)(c) and (d) of Regulation (EEC) No 1766/92 and Article 1(1)(c) of Regulation (EC) No 3072/95, the amount resulting from each of the adjustments mentioned in Article 14(1) and (3) of this Regulation shall be multiplied by the processing coefficient applying to the product in question.

2.The amount of the refund applying in accordance with Article 13 of Regulation (EC) No 3072/95 for the products listed in Article 1(1)(a) and (b) of that Regulation shall be adjusted in the months from October to July inclusive by an amount equal to the monthly increase applying to the intervention price for paddy rice fixed for that marketing year, based on the processing stage and the applicable processing coefficient.

The first adjustment shall be made on the first day of the calendar month following that in which the licence application is made. Subsequent adjustments shall apply each month.

3.The adjustment provided for in paragraph 2 shall not apply where the amount of the refund is equal to zero.

4.Where the term of validity of the licence extends beyond the end of the marketing year and export occurs in the following marketing year, refunds, excluding the monthly increases referred to in paragraph 2, shall be reduced by the break in the intervention price for paddy rice between the two marketing years, based on the processing stage and the applicable processing coefficient.

This price break shall occur on 1 September and shall be defined as:

(a)the difference between the intervention price for paddy rice, exclusive of any monthly increase for the previous and the new marketing years;

(b)an amount equal to the monthly increase multiplied by the number of months elapsing between October and the month of the licence application, inclusive.

These two factors shall be converted using the relevant processing coefficient applicable at the time the product is exported.

Where the price break is greater than the refund in question, the corrected refund shall be reduced to zero.

Refunds shall be reduced by (a) and (b) of the second subparagraph, on the basis of the milling stage and shall be increased from October of the new marketing year by the monthly increase applying to the new marketing year, in accordance with the rules set out in paragraph 2.

F5Article 16U.K.

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Textual Amendments

Article 17U.K.

Regulation (EC) No 1162/95 is repealed.

It shall remain applicable to licences issued before the entry into force of this Regulation.

The references to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VI.

Article 18U.K.

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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