Article 5 Cereals and rice

Regulation (EC) No 1342/2003 is amended as follows:

1. 1..

   Article 1 is replaced by the following:

   ‘Article 1

   1.

   This Regulation lays down specific detailed rules for the application of the system of import and export licences and advance fixing certificates implemented by Commission Regulation (EC) No 376/2008^f1 for the products listed in Parts I and II of Annex I to Council Regulation (EC) No 1234/2007^f2.

   2.

   Regulation (EC) No 376/2008 and Commission Regulations (EC) No 1301/2006^f3 and (EC) No 1454/2007^f4 shall apply, save as otherwise provided in this Regulation.’

2. 2..

   Article 6 is replaced by the following:

   ‘Article 6

   1.

   The period of validity of the import and export licence shall be as follows:

   (a)

   for products listed in Annex II to Regulation (EC) No 376/2008 other than those referred to in points (b) and (c) of this paragraph: as set out in that Annex;

   (b)

   save as otherwise provided, for products imported or exported under tariff quotas administered by other methods than a method based on the chronological order of the lodging of applications in accordance with articles 308a, 308b and 308c of Commission Regulation (EC) No 2454/93^f5 (first come first served principle): from the actual day of issue of the licence, in accordance with Article 22(2) of Regulation (EC) No 376/2008, until the end of the second month following the month of that day;

   (c)

   for products exported for which a refund has been fixed and for products for which, on the day of submission of the licence application, an export tax has been fixed: from the day of issue of the licence, in accordance with Article 22(1) of Regulation (EC) No 376/2008, until the end of the fourth month following the month of that day.

   2.

   By way of derogation from paragraph 1, the validity of export licences for products referred to in Part II Section A of Annex II to Regulation (EC) No 376/2008, for which no refund has been fixed or for which an advance fixed refund has not been fixed, shall expire the sixtieth day following the day of issue of the licence, in accordance with Article 22(1) of that Regulation.

   3.

   By way of derogation from paragraph 1, the validity of export licences for which a refund has been fixed for products falling within CN codes 1702 30, 1702 40, 1702 90 and 2106 90, shall expire not later than:

   (a)

   30 June for applications submitted until 31 May of each marketing year;

   (b)

   30 September for applications submitted from 1 June of a marketing year until 31 August of the following marketing year;

   (c)

   30 days from the day of issue of the licence for applications submitted from 1 September to 30 September of the same marketing year.

   4.

   By way of derogation from paragraph 1, at the request of the operator, the validity of export licences for which a refund has been fixed for products falling within CN codes 1107 10 19, 1107 10 99 and 1107 20 00 shall expire not later than:

   (a)

   30 September of the current calendar year, for licences issued from 1 January to 30 April;

   (b)

   the end of the 11th month following that of issue, for licences issued from 1 July to 31 October;

   (c)

   30 September of the following calendar year, for licences issued from 1 November to 31 December.

   5.

   Section 22 of the licences issued as provided for in paragraphs 2, 3 and 4 shall contain one of the entries set out in Annex X.

   6.

   Where a special term of validity is laid down for import licences for imports originating in and coming from certain third countries, sections 7 and 8 of the licence applications and of the licences themselves shall state the country or countries of provenance and of origin. Licences shall entail an obligation to import from that country or those countries.

   7.

   By way of derogation from Article 8(1) of Regulation (EC) No 376/2008, rights deriving from licences referred to in paragraphs 1(b) and 4 of this Article shall not be transferable.’

3. 3..

   Article 7 is deleted.

4. 4..

   Article 8 is replaced by the following:

   ‘Article 8

   1.

   Export licences for products for which a refund or a tax has been fixed shall be issued on the third working day following that on which the application was lodged provided that no specific action as indicated in Article 9 of this Regulation, in Article 15 of Regulation (EC) No 1501/1995 or in Article 5 of Commission Regulation (EC) No 1518/1995^f6 has been in the meantime taken by the Commission and provided that the quantity for which licences have been applied for have been notified in accordance with Article 16(1)(a) of this Regulation.

   The first subparagraph shall not apply to licences issued in connection with invitations to tender or to the licences referred to in Article 15 of Regulation (EC) No 376/2008 that are issued for the purpose of a food aid operation within the meaning of Article 10(4) of the Agreement on Agriculture concluded as part of the Uruguay Round of multilateral trade negotiations^f7. Those export licences shall be issued on the first working day following the day of acceptation of the tender.

   2.

   Export licences for products for which a refund or a tax has not been fixed shall be issued on the day of submission of the application.’

5. 5..

   Article 9 is replaced by the following:

   ‘Article 9

   1.

   The Commission may decide the following:

   (a)

   to set an acceptance percentage for the quantities applied for but for which licences have not yet been issued;

   (b)

   to reject applications for which export licences have not yet been issued;

   (c)

   to suspend lodging of licence applications for a maximum of five working days.

   The suspension referred to in point (c) of the first subparagraph may be set for a longer period in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.

   2.

   Should the quantities applied for be reduced or refused, the security for the licence shall be immediately released for the quantities not granted.

   3.

   Applicants may withdraw their licence applications within three working days of publication in the Official Journal of the European Union of an acceptance percentage as indicated in point (a) of paragraph 1 if it is less than 80 %. Member States shall thereupon release the security.

   4.

   Actions taken on the basis of paragraph 1 shall not apply to exports carried out to implement Community and national food aid measures provided for under international agreements or other supplementary programmes, or to implement other Community free supply measures.’

6. 6..

   Article 11 is deleted.

7. 7..

   Article 12 is replaced by the following:

   ‘Article 12

   The security referred to in Article 14(2) of Regulation (EC) No 376/2008 to be lodged in accordance with Title III of Commission Regulation (EEC) No 2220/85^f8 shall be as follows:

   1. (a)

      for products listed in Annex II to Regulation (EC) No 376/2008 other than those referred to in points (b) and (c) of this paragraph: as set out in that Annex;

   2. (b)

      save as otherwise provided, for products imported or exported under tariff quotas:

      1. (i)

         30 euros per tonne for products imported;

      2. (ii)

         3 euros per tonne for the products exported without refund;

   3. (c)

      for products exported for which a refund has been fixed or for licences in respect of products for which, on the day of submission of the licence application, an export tax has been fixed:

      1. (i)

         20 euros per tonne for the products falling within CN codes 1102 20, 1103 13, and 1104 19 50, 1104 23 10, 1108, 1702, and 2106;

      2. (ii)

         10 euros per tonne for the other products.’

8. 8..

   Annexes I, II, III, XI, XII and XIII are deleted.

9. 9..

   Annex X is replaced by the text in Annex II to this Regulation.