Commission Regulation (EC) No 1009/98 of 14 May 1998 amending Regulation (EC) No 1372/95 laying down detailed rules for implementing the system of export licences in the poultrymeat sector
L 145/8 ‹ EN ‹ Official Journal of the European Communities 15. 5. 98 COMMISSION REGULATION (EC) No 1009/98 of 14 May 1998 amending Regulation (EC) No 1372/95 laying down detailed rules for implementing the system of export licences in the poultrymeat sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION: Having regard to the Treaty establishing the European Community, Article 1 Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1), as last amended by Commis- sion Regulation (EC) 2916/95 (2), and in particular Article 3(2) thereof, Whereas Commission Regulation (EC) No 1372/95 (3), as lays last amended by Regulation (EC) No 2370/96 (4), down detailed rules for implementing the system of export licences in the poultrymeat sector; Regulation (EC) No 1372/95 is hereby amended as follows: 1. in Articles 1 and 9(1), ‘CN codes 0105 11 and 0105 19’ replaced by ‘CN codes 0105 11, 0105 12 and is 0105 19’; 2. in Article 4(3)(a), the references to Sections 17 and 18 are replaced by references to Sections 15 and 16; Whereas Commission Regulation (EEC) No 3665/87 (5), as last amended by Regulation (EC) No 604/98 (6), lays down common detailed rules for the application of the system of export refunds on agricultural products; whereas Article 3 thereof defines the day of export; whereas the text of Regulation (EC) No 1372/95 should be amended to adjust it to that definition; Whereas Commission Regulation (EC) No 2448/95 of 10 October 1995 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomencla- ture and on the Common Customs Tariff (7) establishes new subdivisions of CN code 0105 with effect from 1 January 1996; whereas Articles 1 and 9 of Regulation (EC) No 1372/95 should therefore be adjusted; Whereas Articles 4 and 9 of and Annex II to Regulation (EC) No 1372/95 contain errors which should be corrected; Whereas the time limit for notification by Member States to the Commission of applications for ‘ex-post’ export licences should be the same as for other export licences; Whereas the measures provided for in this Regulation are opinion of Management in accordance with the Committee for Poultrymeat and Eggs, (1) OJ L 282, 1. 11. 1975, p. 77. (2) OJ L 305, 19. 12. 1995, p. 49. (3) OJ L 133, 17. 6. 1995, p. 26. (4) OJ L 323, 13. 12. 1996, p. 12. (5) OJ L 351, 14. 12. 1987, p. 1. (6) OJ L 80, 18. 3. 1998, p. 19. (7) OJ L 259, 30. 10. 1995, p. 1. 3. in Article 9: (a) in the first subparagraph of paragraph 2: — the reference to Section 22 is replaced by a reference to Section 20, — the phrase ‘the date on which they took place’ is replaced by ‘the date of export within the meaning of Article 3 of Regulation (EEC) No 3665/87’; (b) in the first subparagraph of paragraph 3, the first sentence is replaced by the following: ‘Member States shall communicate to the Commis- sion, each Friday from 1 p. m. , by fax, the number of the absence of such applications, during the current week. ’; licences applied for or ‘ex-post’ export (c) in paragraph 4, the second subparagraph is replaced by the following: ‘This licence accords entitlement to payment of the refund applicable on the day of export within the meaning of Article 3 of Regulation (EEC) No 3665/87. ’; 4. in Annex II, Part A, ‘ECU/100 kg’ is replaced by ‘ECU/100 kg or 100 pieces’. Article 2 This Regulation shall enter into force on 1 June 1998. 15. 5. 98 ‹ EN ‹ Official Journal of the European Communities L 145/9 This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 14 May 1998. For the Commission Franz FISCHLER Member of the Commission