No L 111/48 Official Journal of the European Communities 1. 5. 90 COMMISSION REGULATION (EEC) Neo 1105/90 of 30 April 1990 amending Regulation (EEC) No 891/89 on 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 Economic Community, Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (*), as last amended by Regulation (EEC) No 201/90 (3, and in particular Article' 12(2) and 16 (6) thereof, . Whereas, in accordance with Commission Regulation (EEC) No 891/89 (), as amended by Regulation (EEC) No 990/89 (Y), on application export refunds are fixed in advance ; whereas, in that case, exports outside the Community are subject to the presentation of an export licence, issued in accordance with Commission Regula- tion (EEC) No 3719/88 (%), as last amended by Regulation (EEC) No 1903/89 (9 ; . Whereas, owing to budgetary constraints and the situation on the Community internal: market-or the world market, export refunds on products in the cereals sector may need to be limited to certain quantities ; whereas, to administer the granting of those refunds, provision should be made on the one hand for export licence- applications to be accompanied by a declaration by telex or telefax from the importing country that a delivery contract has been concluded, where appropriate subject to issue of the licence, for a. quantity and a delivery period correspon- ding to the licence applied for ; whereas provision should be made on the other hand for the advance fixing of the refund and for licences to be issued after a period of reflection and, where appropriate, by fixing a uniform. percentage reduction -in quantities; whereas provision should also be_made, where such a percentage is applied, for licence applications to be able to be withdrawn ; Whereas Regulation (EEC) No 891/89: should accordingly be amended; () OJ No L 281, 1. 11. 1975, p. 1. () OJ No L 22, 27. 1. 1990, p. 7. () OJ No L 94, 7. 4. 1989, p. 13. () OJ No L 106, 18. 4. 1989, p. 26. % O] No L 331, 2. 12. 1988, p. 1. (9 OJ No L 184, 30. 6. 1989, p. 22. Whereas the Management Committee for Cereals has not delivered an opinion within the time limit down by its chairman, HAS ADOPTED THIS REGULATION : Article 1 Article 9 (4) of Regulation (EEC) No 891/89 is hereby replaced by the following : ‘4. Where scientific reference is made to this para-_ graph when an export refund on the products listed in Article 17 (a), (b) and (c) of Regulation (EEC) No 2727/75 is fixed in accordance with the procedure laid down in Article 26 of that Regulation export licence applications must be accompanied by a declaration by telex or telefax from the importing country that a delivery contract has been concluded, where appro- priate - subject to issue of the licence. Declarations must indicate a quantity covered by te contract corres-- ponding to the licence applied for and a delivery period falling within -the term-of validity of that licence. The relevant licences shall entail the advance fixing of the refund and shall actually be delivered - only on the third -working day following the day on which the application is submitted provided ..that special measures-are ‘not adopted in the interval. If quantities in applications for export licences - as referred to in this paragraph exceed the quantities which may be committed for export as indicated in the Regulation fixing the refund in question,: the Commission may fix a uniform percentage reduction in the quantities. Applications for licences may be withdrawn within the two days of the date of publica- tion of the percentage reduction.’ Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It is applicable until 30 June 1991.