3.6.95 Official Journal of the European Communities No L 123/5 COMMISSION REGULATION (EC) No 1268/95 of 2 June 1995 laying down certain transitional measures concerning the implementation of the Uruguay Round Agreement on Agriculture applicable to agricultural products exported in the form of goods not covered by Annex II to the Treaty and modifying Regulation (EC) No 2476/94 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations ('), and in par- ticular Article 3 thereof, Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (?), and in particular Articles 8 (3) and 20 thereof, Whereas, in order to ensure that a distinction is made between quantities exported before and quantities exported after the date of entry into force of the Uruguay Round Agreement on Agriculture, Article 1 of Commis- sion Regulation (EC) No 2476/94 (%) lays down that the period of validity of advance fixing certificates issued under the current arrangements for certain agricultural products exported in the form of goods not covered by Annex II to the Treaty is limited to 13 October 1995 ; whereas that provision could lead to an interruption of export flows when the Uruguay Round Agreement on Agriculture enters into force for products exported in the form of goods not covered by Annex II to the Treaty on 16 October 1995 ; whereas, to avoid such a disruption of trade, transitional measures should be adopted to permit the use of advance fixing certificates issued before 16 October 1995 after that date; Whereas, in order to ensure precise administration of the quantities which may be exported, certificates should be issued after a period for consideration and the informa- tion to be notified to the Commission and the method to be used for that notification should be specified ; Whereas applications for advance fixing certificates in- volving moderate quantities of basic products do not risk seriously upsetting the forecasts of expenditure during a budgetary year; Whereas an application for advance fixing at the begin- ning of a budgetary year has the same effect on overall ) OJ No L 349, 31. 12. 1994, p. 105. OJ No L 318, 20. 12. 1993, p. 18. OJ No L 264, 14. 10. 1994, p. 9. expenditure in that year as an application lodged at the end of the year; whereas the issue of certificates should therefore be subject to the same rules throughout the year ; Whereas quantities exported as international food aid within the meaning of Article 10 (4) of the Uruguay Round Agreement on Agriculture should be identified ; Whereas the Management Committee on horizontal ques- tions concerning trade in processed agricultural products not listed in Annex II has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION : Article 1 This Regulation lays down the detailed transitional rules for the issue of advance fixing certificates for the refund applicable to certain agricultural products exported in the form of goods referred to in Annex B to Commission Regulation (EC) No 1222/94 (*) before the entry into force of the arrangements laid down in the Uruguay Round Agreement on Agriculture (hereinafter referred to as ‘the Agreement’) applicable to exports of goods not covered by Annex II to the Treaty. Article 2 Applications may be made from 12 June 1995 for export certificates with advance fixing of the refund, hereinafter referred to as ‘certificates’, for exports that may take place after 13 October 1995, if the period of validity of the certificate, with effect from the date of application within the meaning of Article 4 of Commission Regulation (EC) No 1223/94 (%), extends beyond 13 October 1995. Article 3 1. The advance fixing certificates referred to in Article 2 shall be issued on the fifth working day following submission of the application provided no special measures are adopted in the meantime. () OJ No L 136, 31. 5. 1994, p. 5. () OJ No L 136, 31. 5. 1994, p. 33.