31972R2113

110 Officiai Journal of tue European Communities

No L 226/ 10 Official Journal of the European Communities 4.10.72

REGULATION (EEC) No 21 13/ 72 OF THE COMMISSION

of 3 October 1972

amending Regulation (EEC) No 2637/70 as regards the special period of validity of export licences for cereals and rice

THE COMMISSION OF THE EUROPEAN COMMUNI­ Whereas it is further necessary to ensure that the compe­ TIES , tent authorities are not presented with unjustified appli­ cations lodged for reasons other than those referred to in Having . regard to the Treaty establishing the European Article 24 ; whereas Article 24 ( 8) should therefore be Economic Community ; amended;

Having regard to Council Regulation No 120/67/EEC 1 Whereas the measures provided for in this Regulation of 13 June 1967 on the common organization of the are in accordance with the Opinion of the Management market in cereals , as last amended by Regulation (EEC) Committee for Cereals , No 792/72 2, and in particular Article 12 (2) thereof;

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation No 359/67/EEC 3 of 25 July 1967 on the common organization of the market in rice, as last amended by Regulation (EEC) No Article 1 2726/ 7 1 4, and in particular Article 10 (2) thereof; The following shall be substituted for Article 24 of Regu­ lation (EEC) No 2637 / 70 : Whereas Article 24 of Commission Regulation (EEC) No 2637/70 5 of 23 December 1970 on special detailed 1 . In special cases , the period of validity of an ex­ rules for the application of the system of import and port licence for common wheat, rye, barley , maize, export licences and advance fixing certificates for agri­ rice, wheat flour and rye flour may be longer than cultural products , as last amended by Regulation (EEC) that laid down in Articles 21 , 22 or 23 when the par­ No 1603/72 6, allows the period of validity of export li­ ty concerned envisages the conclusion of a lon­ cences to be longer than the normal period; whereas this ger-term contract . provision has a commercial and economic purpose ;

2. In this case, the party concerned shall lodge with Whereas a longer period of validity may be allowed only the competent authority an application for an export in cases where this can be justified by the existence of licence together with an application for advance fix­ concrete plans for contracts which may be regarded as ing of the refund applicable on the date of lodging special because of the quantities involved and the specif­ that application for the expected destination and ic needs of the purchaser as regards the phasing of deli­ also an indication of the minimum and maximum veries ; quantity that he expects to export and the minimum and maximum period necessary for carrying out the Whereas extension of the normal period of validity could exportation ; however, the minimum quantity may lead to distortions of competition between Community not be less than 75 000 metric tons for common exporters ; it is therefore necessary to exclude from the wheat , rye, barley , maize, wheat flour and rye flour scope of that Article 24 all contracts to be concluded or 50 000 metric tons for rice. This application shall under invitations to tender issued in importing third . be accompanied by the lodging of a special security , countries and for which special provisions are laid down calculated on the basis of the maximum quantity in Article 23 of Regulation (EEC) No 2637/ 70 ; and covered by Article 25 ( 1 ) of this Regulation and Article 5 of Regulation (EEC) No 1373/70.

3 . The Member State to which the competent au­ 1 OJ No 117, 19.6.1967, p. 2269/67 . thority receiving this application belongs shall notify 2 OJ No L 94, 21.4.1972, p. 7 . the Commission , which shall act in accordance with 3 OJ No 174, 31.7.1967, p. 1 . the procedure laid down in Articles 26 of Regula­ 4 OJ No L 282, 23.12. 1971 , p. 6 . 5 OJNoL. 283 , 29.12.1970, p. 15 . tions Nos 120/67/EEC and 359/67/EEC , with 6 OJ No L 170, 28.7.1972 , p. 6 . particular reference to the quantity and to the econ­

Official Journal of the European Communities 1

omic aspects of the expected exportation and which 6 . Except in the case of force majeure, if the party shall , in the case of acceptance, set a time limit with­ concerned does not comply with the provisions of in which the party concerned must submit the con­ paragraphs 4 and 5 the licence shall not be issued tract to the competent authority . The latter shall in­ and the special security shall be forfeited. form the party concerned of its decision . 7. When the period of validity fixed is not thatap^ 4. When the period of validity fixed for a licence is plied for by the party concerned, but is' longer than" the same as that applied for, the party concerned that laid down iji Articles 21 , 22 or 23 , the provi­ shall, within the time limit set in accordance with sions of paragraphs 4, 5 and 6 shall apply . However, paragraph 3 , submit to the competent authority a the party concerned may cancel his application for a signed original of the contract, together with a copy licence within the time limit set for submitting the thereof. This document shall specify at least the contract; in that case, the special security shall be quantity covered by the contract, which must lie released forthwith . within the limits of the minimum and maximum in­ dicated, the destination, the period in which the ex­ 8 . When an extension of the period of validity portation is to be carried out, which must lie within provided for in Article 21 , 22 or 23 has been refused, the minimum and maximum periods indicated, the the licence shall not be issued and the special secu­ price fixed for the duration of the contract and the rity shall be released forthwith. terms of payment. The licence shall then be issued after conversion of the special security into a deposit 9. When the speciall security is converted into a as provided for in Article 12 ( 1 ) of Regulation deposit as provided for in Article 12 ( 1 ) of Regular No 120/67/EEC and in Article 10(1) of Regula­ tion No 120/67/EEC and in Article 10 ( 1 ) of Regu­ tion No 359/67/EEC . The country of destination lation No 359/67/EEC , the amount of the deposit shall be indicated in section 13 and the licence shall shall be adjusted in line with the quantity covered by make it obligatory to export to that country . the contract and the balance shall be released forth-" with .' =

5 . If the party concerned has been unable to con­ A rticle 2 clude such a contract, he shall inform the competent authority within the time limit set for submitting the This Regulation shall enter into force on the third day contract ; the licence shall not be issued and the spe­ following its publication in the Official Journal ] of the cial security shall be relased forthwith . European Communities­

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

Done at Brussels , 3 October 1972.

For the Commission

The President

S. L. MANSHOLT