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laying down detailed rules for implementing the system of export licences in the pigmeat sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat ( 1 ), as last amended by Regulation (EC) No 1365/2000 ( 2 ), and in particular Articles 8(2), 13(12) and 22 thereof,

Whereas:

(1)	Commission Regulation (EC) No 1370/95 of 16 June 1995 laying down detailed rules for implementing the system of export licences in the pigmeat sector ( 3 ) has been substantially amended several times ( 4 ). In the interests of clarity and rationality the said Regulation should be codified.

(2)

Regulation (EEC) No 2759/75 provides that all exports for which export refunds are requested shall be subject to the presentation of an export licence with advance fixing of the refund. Therefore specific implementing rules should be laid down for the pigmeat sector which should in particular include provisions for the submission of the applications and the information which must appear on the applications and licences, in addition to those contained in Commission Regulation (EC) No 1291/2000 of 9 June 2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing licences for agricultural products ( 5 ), as last amended by Regulation (EC) No 325/2003 ( 6 ).

(3)

In order to assure proper administration of the system, the rate of the security for export licences under the said system should be fixed. In view of the risk of speculation inherent in the system in the pigmeat sector, export licences should not be transferable and precise conditions governing access by traders to the said system should be laid down.

(4)

Article 13(11) of Regulation (EEC) No 2759/75 provides that compliance with the obligations arising from agreements concluded during the Uruguay Round of multilateral trade negotiations regarding the export volume shall be ensured on the basis of the export licences. Therefore a detailed schedule for the lodging of applications and for the issuing of licences should be laid down.

(5)

In addition, the decision regarding applications for export licences should be communicated only after a period of consideration. This period would allow the Commission to appreciate the quantities applied for as well as the expenditure involved and, if appropriate, to take specific measures applicable in particular to the applications which are pending. It is in the interest of traders to allow the licence application to be withdrawn after the acceptance coefficient has been fixed.

(6)	In the case of applications concerning quantities equal to or less than 25 tonnes, the export licence should be issued immediately if the trader requests it. In this case, the licences shall not be subject to any special measures taken by the Commission.

(7)	In order to ensure an exact follow up of the quantities to be exported, a derogation from the rules regarding the tolerances laid down in Regulation (EC) No 1291/2000 should be laid down.

(8)

The Commission must dispose of precise information concerning applications for licences and of the use of licences issued, in order to be able to manage this system. In the interests of efficient administration, the notifications from Member States to the Commission should be made according to a uniform model.

(9)	The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Pigmeat,

HAS ADOPTED THIS REGULATION:

All exports of products in the pigmeat sector for which an export refund is requested, shall be subject to the presentation of an export licence with advance fixing of the refund.

1. Export licences shall be valid for 90 days from their actual day of issue within the meaning of Article 23(2) of Regulation (EC) No 1291/2000.

However, for products falling within CN code 0203, export licences issued in February 2004 shall be valid only until the end of the second month following that of their issue and those issued in March 2004 shall be valid only until the end of the month following that of their issue.

2. Applications for licences and licences shall bear, in section 15, the description of the product and, in section 16, the 12-digit product code of the agricultural product nomenclature for export refunds.

3. The categories of products referred to in the second subparagraph of Article 14 of Regulation (EC) No 1291/2000, as well as the rate of the security for export licences, are set out in Annex I.

4. Applications for licences and licences shall bear, in section 20, at least one of the following:

1. Applications for export licences may be lodged with the competent authorities from Monday to Friday of each week.

2. Applicants for export licences must be natural or legal persons who, at the time applications are submitted, be able to prove to the satisfaction of the competent authorities in the Member States that they have been engaged in trade in the pigmeat sector for at least 12 months. However, retail establishments or restaurants selling their products to end consumers may not lodge applications.

3. Export licences are issued on the Wednesday following the period referred to in paragraph 1, provided that none of the particular measures referred to in paragraph 4 have since been taken by the Commission.

4. Where the issue of export licences would or might result in the available budgetary amounts being exceeded or in the maximum quantities which may be exported with a refund being exhausted during the period concerned, in view of the limits referred to in Article 13(11) of Regulation (EEC) No 2759/75, or would not allow exports to continue during the remainder of the period, the Commission may:

In the circumstances referred to in point (c) of the first subparagraph, licence applications made during the suspension period shall be invalid.

The measures provided for in the first subparagraph may be implemented or modulated by category of product and by destination.

4a. The measures provided for in paragraph 4 may also be adopted where export licence applications relate to quantities which exceed or might exceed the normal disposable quantities for one destination and issuing the licences requested would entail a risk of speculation, distortion of competition between operators, or disturbance of the trade concerned or the Community market.

5. Where quantities applied for are rejected or reduced, the security shall be released immediately for all quantities for which an application was not satisfied.

6. Notwithstanding paragraph 3, where a single percentage of acceptance less than 80 % is set, the licence shall be issued at the latest by the 11th working day following publication of that percentage in the Official Journal of the European Union. During the 10 working days following its publication, the operator may:

7. By way of derogation from paragraph 3, the Commission can set a day other than Wednesday for the issuing of export licences when it is not possible to respect this day.

1. On application by the operator, licence applications for up to 25 tonnes of products shall not be subject to any special measures as referred to in Article 3(4) and the licences applied for shall be issued immediately.

In such cases, notwithstanding Article 2(1), the term of validity of the licences shall be limited to five working days from their actual day of issue within the meaning of Article 23(2) of Regulation (EC) No 1291/2000 and Section 20 of licence applications and of licences shall show one of the entries listed in Annex Ia.

1. The quantity exported within the tolerance referred to in Article 8(4) of Regulation (EC) No 1291/2000 shall not give entitlement to payment of the refund.

2. In section 22 of the licence, at least one of the following shall be indicated:

By Friday each week, Member States shall notify the Commission of the following information:

2. The notification of the applications referred to in point (a) of paragraph 1 shall specify:

3. Member States shall communicate to the Commission on a monthly basis following the expiry of the validity of the export licences the unused quantity of export licences.

4. The notifications referred to in this Regulation, including ‘nil’ notifications, shall be made in accordance with Commission Regulation (EC) No 792/2009 ( 7 ).

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

This Regulation shall enter into force on the seventh 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.

Product code of the agricultural product nomenclature for export refunds (1)	Category	Rate of the security (EUR/100 kg) Net weight
0203 11 10 9000 0203 21 10 9000	1	10
0203 12 11 9100 0203 12 19 9100 0203 19 11 9100 0203 19 13 9100 0203 19 55 9110 0203 22 11 9100 0203 22 19 9100 0203 29 11 9100 0203 29 13 9100 0203 29 55 9110	2	10
0203 19 15 9100 0203 19 55 9310 0203 29 15 9100	3	6
0210 11 31 9110 0210 11 31 9910	4	14
0210 12 19 9100	5	0
0210 19 81 9100	6	14
0210 19 81 9300	7	14
1601 00 91 9120	8	5
1601 00 99 9110	9	4
1602 41 10 9110	10	8
1602 42 10 9110	11	6
1602 41 10 9130 1602 42 10 9130 1602 49 19 9130	12	5
(1) Commission Regulation (EEC) No 3846/87 Section 6 (OJ L 366, 24.12.1987, p. 1).

Repealed Regulations and successive amendments

Commission Regulation (EC) No 1370/95	(OJ L 133, 17.6.1995, p. 9)
Commission Regulation (EC) No 2739/95	(OJ L 285, 29.11.1995, p. 11)
Commission Regulation (EC) No 1122/96	(OJ L 149, 22.6.1996, p. 17)
Commission Regulation (EC) No 2439/97	(OJ L 339, 10.12.1997, p. 9)
Commission Regulation (EC) No 540/98	(OJ L 70, 10.3.1998, p. 6)
Commission Regulation (EC) No 1719/98	(OJ L 215, 1.8.1998, p. 58)
Commission Regulation (EC) No 2399/1999	(OJ L 290, 12.11.1999, p. 18)
Commission Regulation (EC) No 1342/2000	(OJ L 154, 27.6.2000, p. 14)
Commission Regulation (EC) No 2898/2000	(OJ L 336, 30.12.2000, p. 32)
Commission Regulation (EC) No 505/2002	(OJ L 79, 22.3.2002, p. 9)

CORRELATION TABLE

Regulation (EC) No 1370/95	This Regulation
Article 1	Article 1
Article 2	Article 2
Article 3(1), (2) and (3)	Article 3(1), (2) and (3)
Article 3(4), first indent	Article 3(4)(a)
Article 3(4), second indent	Article 3(4)(b)
Article 3(4), third indent	Article 3(4)(c)
Article 3(5)	Article 3(5)
Article 3(6), first sentence and second sentence, introductory words	Article 3(6), first sentence and second sentence, introductory words
Article 3(6), first indent	Article 3(6)(a)
Article 3(6), second indent	Article 3(6)(b)
Article 3(7)	Article 3(7)
Article 4, first and second subparagraphs	Article 4(1)
Article 4, third subparagraph	Article 4(2)
Article 5	Article 5
Article 6, first subparagraph	Article 6(1)
Article 6, second subparagraph	Article 6(2)
Article 7(1)	Article 7(1)
Article 7(2), first indent	Article 7(2)(a)
Article 7(2), second indent	Article 7(2)(b)
Article 7(2), third indent	Article 7(2)(c)
Article 7(2), fourth indent	Article 7(2)(d)
Article 7(3)	Article 7(3)
Article 7(4)	Article 7(4)
Article 8	—
—	Article 8
Article 9	—
Article 10	Article 9
Annex I	Annex I
Annex II	Annex II
—	Annex III
—	Annex IV

		Official Journal
		No	page	date
►M1	COMMISSION REGULATION (EC) No 130/2004 of 26 January 2004	L 19	14	27.1.2004
►M2	COMMISSION REGULATION (EC) No 1361/2004 of 28 July 2004	L 253	9	29.7.2004
►M3	COMMISSION REGULATION (EC) No 1713/2006 of 20 November 2006	L 321	11	21.11.2006
►M4	COMMISSION REGULATION (EU) No 557/2010 of 24 June 2010	L 159	13	25.6.2010
►M5	COMMISSION REGULATION (EU) No 519/2013 of 21 February 2013	L 158	74	10.6.2013

►C1	Corrigendum, OJ L 320, 5.12.2003, p. 7 (1518/2003)
C2	Corrigendum, OJ L 111, 23.4.2008, p. 15 (1518/2003)
►C3	Corrigendum, OJ L 120, 7.5.2008, p. 25 (1518/2003)