No L 117/2 Official Journal of the European Communities 24. 5. 95 COMMISSION REGULATION (EC) No 1162/95 of 23 May 1995 laying down special detailed rules for the application of the system of import and export licences for cereals and rice THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (*), as last amended by the Act of Acces- sion of Austria, Finland and Sweden and by Regulation (EC) No 3290/94 (?), and in particular Articles 9 (2), 12 (4) and 13 (11) thereof, Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (°), as last amended by the Act of Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94, and in particular Articles 12 (4) and 14 (16) thereof, Whereas the special detailed rules for the application of the system of import and export licences for cereals and rice were laid down in Commission Regulation (EEC) No 891/89 (), as last amended by Regulation (EC) No 1043/95 (%) ; Whereas Regulation (EEC) No 891/89 has been frequently and sometimes substantially amended; whereas, as a result and for the sake of clarity and efficient administration, the applicable provisions should be recast and any necessary adjustments following the implementa- tion of the agreements concluded under the Uruguay Round of multilateral trade negotiations should be intro- duced ; Whereas, in view of the practices specific to trade in cereals and rice, provision should be made for rules further to or derogating from Commission Regulation (EEC) No 3719/88 of 16 November 1988 laying down common detailed rules for the application of the system of import and export licences and advance-fixing certifi- cates for agricultural products (%), as last amended by Regulation (EC) No 340/95(); Whereas, in the case of invitations to tender for the export of intervention stocks, licences should specify the () OJ No L 181, 1. 7. 1992, p. 21. () OJ No L 349, 31. 12. 1994, p. 105. () O] No L 166, 25. 6. 1976, p. 1. () O] No L 94, 7. 4. 1989, p. 13. % OJ No L 106, 11. 5. 1995, p. 8. () OJ No L 331, 2. 12. 1988, p. 1. () OJ No L 39, 21. 2. 1995, p. 1. quantities and destinations for which they are issued and provision should be made for the special particulars to be shown on export licences, in particular in the case of invi- tations to tender for export refunds, of exports of cereal- based compound feedingstuffs and of advance fixing of export taxes ; Whereas the terms of validity of import and export licences for the various products should be fixed in accordance with market requirements and the need for sound management ; whereas, in view of competition on the world market, a specially lenghty term of validity should be granted for malt exports, expiring, however, on 30 September in the case of licences issued prior to 1 July so that export commitments are not entered into for the new marketing year before the beginning of the barley harvest ; Whereas, in view of the risk of licences being issued for excessively high quantities, provision should be made for a period for reflection of three days to elapse before export licences are actually issued for any cereals and most processed cereal products ; Whereas certain provisions of Article 44 of Regulation (EEC) No 3719/88 concerning applications for export licences for certain products in connection with invita- tions to tender organized in importing third countries should be made more restrictive and thus more in keeping with commercial practice in the cereals trade; Whereas, in view of the competition on the world market for cereals and rice, provision should be made for export licences to be granted for the main products, including durum wheat, with a special term of validity and for relatively large minimum quantities, with more advanta- geous minimum quantities for exports to the African, Caribbean and Pacific (ACP) States ; whereas the licences should be granted subject to certain additional conditions concerning, in particular, presentation of the delivery contract to the competent agency within a specified time ; Whereas the securities to be lodged for import and export licences should be fixed at different levels for the various product groups according to the possible variations in the refund or export tax during the term of validity of the licences, preferential treatment being granted in respect of deliveries to ACP countries ; Whereas the applicable export refunds should be speci- fied in cases where the terms of validity of licences are extended as a result of force majeure pursuant to Article 37 of Regulation (EEC) No 3719/88;