# Official Journal L 190/28 M

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 190 |
| | |
| English edition | Legislation | Volume 4728 May 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 190

English edition

Legislation

Volume 4728 May 2004

---

| Contents | | I   Acts whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | Commission Regulation (EC) No 1026/2004 of 27 May 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | | Commission Regulation (EC) No 1027/2004 of 27 May 2004 determining the extent to which applications lodged in May 2004 for import licences for certain egg sector products and poultrymeat pursuant to Regulations (EC) No 593/2004 and (EC) No 1251/96 can be accepted | 3 |
| | | Commission Regulation (EC) No 1028/2004 of 27 May 2004 determining the extent to which applications lodged in May 2004 for import licences for certain poultrymeat products under the regime provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products can be accepted | 5 |
| | | Commission Regulation (EC) No 1029/2004 of 27 May 2004 determining the extent to which applications lodged in May 2004 for import licences for certain poultrymeat sector products pursuant to Regulation (EC) No 2497/96 can be accepted | 7 |
| | | Commission Regulation (EC) No 1030/2004 of 27 May 2004 fixing the rates of the refunds applicable to certain milk products exported in the form of goods not covered by Annex I to the Treaty | 9 |
| | | Commission Regulation (EC) No 1031/2004 of 27 May 2004 determining the allocation of export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Article 20a of Regulation (EC) No 174/1999 | 12 |
| | | Commission Regulation (EC) No 1032/2004 of 27 May 2004 determining the extent to which the applications for import licences submitted in May 2004 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted | 13 |
| | | Commission Regulation (EC) No 1033/2004 of 27 May 2004 fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004 | 15 |
| | | Commission Regulation (EC) No 1034/2004 of 27 May 2004 fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 582/2004 | 17 |
| | | Commission Regulation (EC) No 1035/2004 of 27 May 2004 fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 28 May 2004 | 18 |
| | | Commission regulation (EC) No 1036/2004 of 27 May 2004 fixing the export refunds on white sugar and raw sugar exported in its unaltered state | 20 |
| | | Commission Regulation (EC) No 1037/2004 of 27 May 2004 fixing the export refunds on syrups and certain other sugar products exported in the natural state | 22 |
| | | Commission Regulation (EC) No 1038/2004 of 27 May 2004 fixing the maximum export refund for white sugar to certain third countries for the 28th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1290/2003 | 25 |
| | | Commission Regulation (EC) No 1039/2004 of 27 May 2004 fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex I to the Treaty | 26 |
| | | Commission Regulation (EC) Νo 1040/2004 of 27 May 2004 fixing the export refunds on products processed from cereals and rice | 30 |
| | | Commission Regulation (EC) No 1041/2004 of 27 May 2004 fixing the export refunds on cereal-based compound feedingstuffs | 33 |
| | | Commission Regulation (EC) No 1042/2004 of 27 May 2004 fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty | 35 |
| | | Commission Regulation (EC) No 1043/2004 of 27 May 2004 fixing the export refunds on olive oil | 37 |
| | | Commission Regulation (EC) No 1044/2004 of 27 May 2004 concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1814/2003 | 39 |

Contents

I   Acts whose publication is obligatory

page

Commission Regulation (EC) No 1026/2004 of 27 May 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

Commission Regulation (EC) No 1027/2004 of 27 May 2004 determining the extent to which applications lodged in May 2004 for import licences for certain egg sector products and poultrymeat pursuant to Regulations (EC) No 593/2004 and (EC) No 1251/96 can be accepted

3

Commission Regulation (EC) No 1028/2004 of 27 May 2004 determining the extent to which applications lodged in May 2004 for import licences for certain poultrymeat products under the regime provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products can be accepted

5

Commission Regulation (EC) No 1029/2004 of 27 May 2004 determining the extent to which applications lodged in May 2004 for import licences for certain poultrymeat sector products pursuant to Regulation (EC) No 2497/96 can be accepted

7

Commission Regulation (EC) No 1030/2004 of 27 May 2004 fixing the rates of the refunds applicable to certain milk products exported in the form of goods not covered by Annex I to the Treaty

9

Commission Regulation (EC) No 1031/2004 of 27 May 2004 determining the allocation of export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Article 20a of Regulation (EC) No 174/1999

12

Commission Regulation (EC) No 1032/2004 of 27 May 2004 determining the extent to which the applications for import licences submitted in May 2004 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted

13

Commission Regulation (EC) No 1033/2004 of 27 May 2004 fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004

15

Commission Regulation (EC) No 1034/2004 of 27 May 2004 fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 582/2004

17

Commission Regulation (EC) No 1035/2004 of 27 May 2004 fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 28 May 2004

18

Commission regulation (EC) No 1036/2004 of 27 May 2004 fixing the export refunds on white sugar and raw sugar exported in its unaltered state

20

Commission Regulation (EC) No 1037/2004 of 27 May 2004 fixing the export refunds on syrups and certain other sugar products exported in the natural state

22

Commission Regulation (EC) No 1038/2004 of 27 May 2004 fixing the maximum export refund for white sugar to certain third countries for the 28th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1290/2003

25

Commission Regulation (EC) No 1039/2004 of 27 May 2004 fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex I to the Treaty

26

Commission Regulation (EC) Νo 1040/2004 of 27 May 2004 fixing the export refunds on products processed from cereals and rice

30

Commission Regulation (EC) No 1041/2004 of 27 May 2004 fixing the export refunds on cereal-based compound feedingstuffs

33

Commission Regulation (EC) No 1042/2004 of 27 May 2004 fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty

35

Commission Regulation (EC) No 1043/2004 of 27 May 2004 fixing the export refunds on olive oil

37

Commission Regulation (EC) No 1044/2004 of 27 May 2004 concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1814/2003

39

| | | |
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| | * | Notice to readers | s3 |

*

Notice to readers

s3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Acts whose publication is obligatory

| 28.5.2004 | EN | Official Journal of the European Union | L 190/1 |
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28.5.2004

EN

Official Journal of the European Union

L 190/1

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COMMISSION REGULATION (EC) No 1026/2004

of 27 May 2004

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

1

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ANNEX

to the Commission Regulation of 27 May 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | 052 | 91,9 |
| 204 | 152,4 |
| 999 | 122,2 |
| 0707 00 05 | 052 | 117,9 |
| 096 | 51,3 |
| 999 | 84,6 |
| 0709 90 70 | 052 | 95,3 |
| 999 | 95,3 |
| 0805 10 10 , 0805 10 30 , 0805 10 50 | 052 | 32,6 |
| 204 | 45,4 |
| 220 | 40,6 |
| 388 | 60,9 |
| 400 | 40,4 |
| 624 | 57,2 |
| 999 | 46,2 |
| 0805 50 10 | 388 | 53,6 |
| 528 | 50,6 |
| 999 | 52,1 |
| 0808 10 20 , 0808 10 50 , 0808 10 90 | 388 | 86,5 |
| 400 | 130,2 |
| 404 | 100,2 |
| 508 | 69,5 |
| 512 | 68,8 |
| 524 | 62,5 |
| 528 | 67,6 |
| 720 | 76,7 |
| 804 | 101,4 |
| 999 | 84,8 |
| 0809 20 95 | 052 | 416,9 |
| 400 | 285,1 |
| 999 | 351,0 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

052

91,9

204

152,4

999

122,2

0707 00 05

052

117,9

096

51,3

999

84,6

0709 90 70

052

95,3

999

95,3

0805 10 10 , 0805 10 30 , 0805 10 50

052

32,6

204

45,4

220

40,6

388

60,9

400

40,4

624

57,2

999

46,2

0805 50 10

388

53,6

528

50,6

999

52,1

0808 10 20 , 0808 10 50 , 0808 10 90

388

86,5

400

130,2

404

100,2

508

69,5

512

68,8

524

62,5

528

67,6

720

76,7

804

101,4

999

84,8

0809 20 95

052

416,9

400

285,1

999

351,0

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(1)  Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘
  999
  ’ stands for ‘of other origin’.

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| 28.5.2004 | EN | Official Journal of the European Union | L 190/3 |
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28.5.2004

EN

Official Journal of the European Union

L 190/3

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COMMISSION REGULATION (EC) No 1027/2004

of 27 May 2004

determining the extent to which applications lodged in May 2004 for import licences for certain egg sector products and poultrymeat pursuant to Regulations (EC) No 593/2004 and (EC) No 1251/96 can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 593/2004 of 30 March 2004 opening and providing for the administration of the tariff quotas in the egg sector and for egg albumin (1), and in particular Article 5(5) thereof,

Having regard to Commission Regulation (EC) No 1251/96 of 28 June 1996 opening and providing for the administration of tariff quotas in the poultrymeat sector and albumin (2), and in particular Article 5(5) thereof,

Whereas:

| | |
| --- | --- |

HAS ADOPTED THIS REGULATION:

Article 1

Applications for import licences for the period 1 May to 30 June 2004 submitted pursuant to Regulations (EC) No 593/2004 and (EC) No 1251/96 shall be met as referred to in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 94, 31.3.2004, p. 10.

1

(2)  
  OJ L 161, 29.6.1996, p. 136. Regulation as last amended by Regulation (EC) No 1043/2001 (OJ L 145, 31.5.2001, p. 24).

2

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ANNEX

| Group | Percentage of acceptance of import licences submitted for the period 1 May to 30 June 2004 |
| --- | --- |
| E1 | 100,00 |
| E2 | 60,41 |
| E3 | 100,00 |
| P1 | 100,00 |
| P2 | — |
| P3 | 2,25 |
| P4 | 6,25 |

Group

Percentage of acceptance of import licences submitted for the period 1 May to 30 June 2004

E1

100,00

E2

60,41

E3

100,00

P1

100,00

P2

—

P3

2,25

P4

6,25

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| 28.5.2004 | EN | Official Journal of the European Union | L 190/5 |
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28.5.2004

EN

Official Journal of the European Union

L 190/5

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COMMISSION REGULATION (EC) No 1028/2004

of 27 May 2004

determining the extent to which applications lodged in May 2004 for import licences for certain poultrymeat products under the regime provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1431/94 of 22 June 1994, laying down detailed rules for the application in the poultrymeat sector of the import arrangements provided for in Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for poultrymeat and certain other agricultural products (1) and in particular Article 4(4) thereof,

Whereas:

| | |
| --- | --- |

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences for the period 1 May to 30 June 2004 submitted under Regulation (EC) No 1431/94 shall be met as referred to in the Annex to this Regulation.

2.   Applications for import licences for the period 1 July to 30 September 2004 may be lodged pursuant to Regulation (EC) No 1431/94 for the total quantity as referred to in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 156, 23.6.1994, p. 9. Regulation as last amended by Regulation (EC) No 1043/2001 (OJ L 145, 31.5.2001, p. 24).

1

---

ANNEX

| Group No | Percentage of acceptance of import certificates submitted for the period 1 May to 30 June 2004 | Total quantity available for the period 1 July to 30 September 2004
  (t) |
| --- | --- | --- |
| 1 | 1,48 | 1 775,00 |
| 2 | 1,52 | 1 275,00 |
| 3 | 1,52 | 825,00 |
| 4 | 1,82 | 450,00 |
| 5 | 3,72 | 175,00 |

Group No

Percentage of acceptance of import certificates submitted for the period 1 May to 30 June 2004

Total quantity available for the period 1 July to 30 September 2004

(t)

1

1,48

1 775,00

2

1,52

1 275,00

3

1,52

825,00

4

1,82

450,00

5

3,72

175,00

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| 28.5.2004 | EN | Official Journal of the European Union | L 190/7 |
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28.5.2004

EN

Official Journal of the European Union

L 190/7

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COMMISSION REGULATION (EC) No 1029/2004

of 27 May 2004

determining the extent to which applications lodged in May 2004 for import licences for certain poultrymeat sector products pursuant to Regulation (EC) No 2497/96 can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 2497/96 of 18 December 1996 laying down rules for the application in the poultrymeat sector of the system provided for by the Association Agreement and the Interim Agreement between the European Community and the State of Israel (1), and in particular Article 4(5) thereof,

Whereas:

| | |
| --- | --- |

HAS ADOPTED THIS REGULATION:

Article 1

1.   Applications for import licences for the period 1 May to 30 June 2004 submitted pursuant to Regulation (EC) No 2497/96 shall be met as referred to in the Annex.

2.   Application for import licences for the period 1 July to 30 September 2004 may be lodged pursuant to Regulation (EC) No 2497/96 for the total quantity as referred to in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 338, 28.12.1996, p. 48. Regulation as last amended by Regulation (EC) No 361/2004 (OJ L 63, 28.2.2004, p. 15).

1

---

ANNEX

| Group No | Percentage of acceptance of import licences submitted for the period of 1 May to 30 June 2004 | Total quantity available for the period of 1 July to 30 September 2004
  (t) |
| --- | --- | --- |
| IL1 | 14,93 | 360,50 |
| IL2 | — | 128,75 |

Group No

Percentage of acceptance of import licences submitted for the period of 1 May to 30 June 2004

Total quantity available for the period of 1 July to 30 September 2004

(t)

IL1

14,93

360,50

IL2

—

128,75

---

| 28.5.2004 | EN | Official Journal of the European Union | L 190/9 |
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28.5.2004

EN

Official Journal of the European Union

L 190/9

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COMMISSION REGULATION (EC) No 1030/2004

of 27 May 2004

fixing the rates of the refunds applicable to certain milk products exported in the form of goods not covered by Annex I to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 15 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(3) thereof,

Whereas:

| (1) | Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1(a), (b), (c), (d), (e), and (g) of that Regulation and prices within the Community may be covered by an export refund. Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex II to Regulation (EC) No 1255/1999. |
| --- | --- |

(1)

Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1(a), (b), (c), (d), (e), and (g) of that Regulation and prices within the Community may be covered by an export refund. Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex II to Regulation (EC) No 1255/1999.

| (2) | In accordance with the first subparagraph of Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month. |
| --- | --- |

(2)

In accordance with the first subparagraph of Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month.

| (3) | However in the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met. |
| --- | --- |

(3)

However in the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met.

| (4) | Article 4(3) of Regulation (EC) No 1520/2000 provides that, when the rate of the refund is being fixed, account should be taken, where necessary, of production refunds, aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the market in the product in question to the basic products listed in Annex A to Regulation (EC) No 1520/2000 or to assimilated products. |
| --- | --- |

(4)

Article 4(3) of Regulation (EC) No 1520/2000 provides that, when the rate of the refund is being fixed, account should be taken, where necessary, of production refunds, aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the market in the product in question to the basic products listed in Annex A to Regulation (EC) No 1520/2000 or to assimilated products.

| (5) | Article 12(1) of Regulation (EC) No 1255/1999 provides for the payment of aid for Community-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions. |
| --- | --- |

(5)

Article 12(1) of Regulation (EC) No 1255/1999 provides for the payment of aid for Community-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.

| (6) | Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice cream and other foodstuffs (3), lays down that butter and cream at reduced prices should be made available to industries which manufacture certain goods. |
| --- | --- |

(6)

Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice cream and other foodstuffs (3), lays down that butter and cream at reduced prices should be made available to industries which manufacture certain goods.

| (7) | It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget. |
| --- | --- |

(7)

It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products appearing in Annex A to Regulation (EC) No 1520/2000 and listed in Article 1 of Regulation (EC) No 1255/1999, and exported in the form of goods listed in Annex II to Regulation (EC) No 1255/1999 shall, in respect of the products listed in the Annex to this Regulation, be fixed in accordance with that Annex.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Commission Regulation (EC) No 543/2004 (OJ L 87, 25.3.2004, p. 8).

2

(3)  
  OJ L 350, 20.12.1997, p. 3. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

3

---

ANNEX

Rates of the refunds applicable from 28 May 2004 to certain milk products exported in the form of goods not covered by Annex I to the Treaty

| (EUR/100 kg) |
| --- |
| CN code | Description | Rate of refund |
| In case of advance fixing of refunds | Other |
| ex 0402 10 19 | Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content not exceeding 1,5 % by weight (PG 2): | | |
| (a) | on exportation of goods of CN code 3501 |

(EUR/100 kg)

CN code

Description

Rate of refund

In case of advance fixing of refunds

Other

ex 0402 10 19

Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content not exceeding 1,5 % by weight (PG 2):

(a)

on exportation of goods of CN code 3501

—

—

| (b) | on exportation of other goods |
| --- | --- |

(b)

on exportation of other goods

24,50

35,00

ex 0402 21 19

Powdered milk, in granules or other solid forms, not containing added sugar or other sweetening matter, with a fat content of 26 % by weight (PG 3):

| (a) | where goods incorporating, in the form of products assimilated to PG 3, reduced-price butter or cream obtained pursuant to Regulation (EC) No 2571/97 are exported |
| --- | --- |

(a)

where goods incorporating, in the form of products assimilated to PG 3, reduced-price butter or cream obtained pursuant to Regulation (EC) No 2571/97 are exported

32,56

46,51

| (b) | on exportation of other goods |
| --- | --- |

(b)

on exportation of other goods

58,80

84,00

ex 0405 10

Butter, with a fat content by weight of 82 % (PG 6):

| (a) | where goods containing reduced-price butter or cream which have been manufactured in accordance with the conditions provided for in Regulation (EC) No 2571/97 are exported |
| --- | --- |

(a)

where goods containing reduced-price butter or cream which have been manufactured in accordance with the conditions provided for in Regulation (EC) No 2571/97 are exported

45,50

65,00

| (b) | on exportation of goods of CN code 2106 90 98 containing 40 % or more by weight of milk fat |
| --- | --- |

(b)

on exportation of goods of CN code 2106 90 98 containing 40 % or more by weight of milk fat

110,08

157,25

| (c) | on exportation of other goods |
| --- | --- |

(c)

on exportation of other goods

105,00

150,00

---

| 28.5.2004 | EN | Official Journal of the European Union | L 190/12 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/12

---

COMMISSION REGULATION (EC) No 1031/2004

of 27 May 2004

determining the allocation of export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Article 20a of Regulation (EC) No 174/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1),

Having regard to Commission Regulation (EC) No 174/1999 of 26 January 1999 laying down detailed rules for the application of Council Regulation (EEC) No 804/68 as regards export licences and export refunds in the case of milk and milk products (2), and in particular Article 20a(11) thereof,

Whereas:

| | |
| --- | --- |

HAS ADOPTED THIS REGULATION:

Article 1

The quantities covered by export licence applications for the products referred to in Article 20a(3) of Regulation (EC) No 174/1999 submitted for the period 1 July 2004 to 30 June 2005 shall be multiplied by the following allocation coefficients:

| — | 0,659922 for applications submitted for the part of the quota referred to in Article 20a(4)(a) of Regulation (EC) No 174/1999, |
| --- | --- |

—

0,659922 for applications submitted for the part of the quota referred to in Article 20a(4)(a) of Regulation (EC) No 174/1999,

| — | 0,296688 for applications submitted for the part of the quota referred to in Article 20a(4)(b) of Regulation (EC) No 174/1999. |
| --- | --- |

—

0,296688 for applications submitted for the part of the quota referred to in Article 20a(4)(b) of Regulation (EC) No 174/1999.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 20, 27.1.1999, p. 8. Regulation as last amended by Regulation (EC) No 597/2004 (OJ L 94, 31.3.2004, p. 42).

2

---

| 28.5.2004 | EN | Official Journal of the European Union | L 190/13 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/13

---

COMMISSION REGULATION (EC) No 1032/2004

of 27 May 2004

determining the extent to which the applications for import licences submitted in May 2004 for certain dairy products under certain tariff quotas opened by Regulation (EC) No 2535/2001 can be accepted

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1),

Having regard to Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas (2), and in particular Article 16(2) thereof,

Whereas:

| | |
| --- | --- |

HAS ADOPTED THIS REGULATION:

Article 1

The allocation coefficients set out in the Annex to this Regulation shall be applied to the quantities for which import licences have been sought for the period from 1 to 10 May 2004 in respect of products falling within the quotas referred to in parts I.A, I.B, points 5 and 6, and parts I.F and I.H, of Annex I to Regulation (EC) No 2535/2001.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 341, 22.12.2001, p. 29. Regulation as last amended by Regulation (EC) No 748/2004 (OJ L 118, 23.4.2004, p. 3).

2

---

ANNEX I. A

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4590 | 1,0000 |
| 09.4599 | 0,1888 |
| 09.4591 | — |
| 09.4592 | — |
| 09.4593 | — |
| 09.4594 | 1,0000 |
| 09.4595 | 0,0079 |
| 09.4596 | 1,0000 |

Quota number

Allocation coefficient

09.4590

1,0000

09.4599

0,1888

09.4591

—

09.4592

—

09.4593

—

09.4594

1,0000

09.4595

0,0079

09.4596

1,0000

---

ANNEX I. B

5.   Products originating in Roumania

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4758 | 0,3641 |

Quota number

Allocation coefficient

09.4758

0,3641

6.   Products originating in Bulgaria

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4660 | 1,0000 |
| 09.4675 | — |

Quota number

Allocation coefficient

09.4660

1,0000

09.4675

—

---

ANNEX I. F

Products originating from Switzerland

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4155 | 1,0000 |
| 09.4156 | 1,0000 |

Quota number

Allocation coefficient

09.4155

1,0000

09.4156

1,0000

---

ANNEX I.H

Products originating in Norway

| Quota number | Allocation coefficient |
| --- | --- |
| 09.4781 | 1,0000 |
| 09.4782 | 0,9028 |

Quota number

Allocation coefficient

09.4781

1,0000

09.4782

0,9028

---

| 28.5.2004 | EN | Official Journal of the European Union | L 190/15 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/15

---

COMMISSION REGULATION (EC) No 1033/2004

of 27 May 2004

fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular the third subparagraph of Article 31(3) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (2) provides for a permanent tender. |
| --- | --- |

(1)

Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to tender for export refunds concerning certain types of butter (2) provides for a permanent tender.

| (2) | Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 26 May 2004. |
| --- | --- |

(2)

Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 26 May 2004.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk products, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk products,

HAS ADOPTED THIS REGULATION:

Article 1

For the permanent tender opened by Regulation (EC) No 581/2004, for the tendering period ending on 26 May 2004, the maximum amount of refund for the products referred to in Article 1(1) of that Regulation shall be as follows:

| (EUR/100 kg) |
| --- |
| Product | Export refund Code | Maximum amount of export refund |
| For export to the destination referred to in the first indent of Article 1(1) of Regulation (EC) No 581/2004 | For export to the destinations referred to in the second indent of Article 1(1) of Regulation (EC) No 581/2004 |
| Butter | ex ex 0405 10 19 9500 | — | — |
| Butter | ex ex 0405 10 19 9700 | 139,80 | 155,00 |
| Butteroil | ex ex 0405 90 10 9000 | — | 194,00 |

(EUR/100 kg)

Product

Export refund Code

Maximum amount of export refund

For export to the destination referred to in the first indent of Article 1(1) of Regulation (EC) No 581/2004

For export to the destinations referred to in the second indent of Article 1(1) of Regulation (EC) No 581/2004

Butter

ex ex 0405 10 19 9500

—

—

Butter

ex ex 0405 10 19 9700

139,80

155,00

Butteroil

ex ex 0405 90 10 9000

—

194,00

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 90, 27.3.2004, p. 64.

2

(3)  
  OJ L 90, 27.3.2004, p. 58.

3

---

| 28.5.2004 | EN | Official Journal of the European Union | L 190/17 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/17

---

COMMISSION REGULATION (EC) No 1034/2004

of 27 May 2004

fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 582/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular the third subparagraph of Article 31(3) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 582/2004 of 26 March 2004 opening a standing invitation to tender for export refunds for skimmed milk powder (2) provides for a permanent tender. |
| --- | --- |

(1)

Commission Regulation (EC) No 582/2004 of 26 March 2004 opening a standing invitation to tender for export refunds for skimmed milk powder (2) provides for a permanent tender.

| (2) | Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 26 May 2004. |
| --- | --- |

(2)

Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a tender procedure concerning export refunds for certain milk products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a maximum export refund for the tendering period ending on 26 May 2004.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

For the permanent tender opened by Regulation (EC) No 582/2004, for the tendering period ending on 26 May 2004, the maximum amount of refund for the product and destinations referred to in Article 1(1) of that Regulation shall be EUR 36,50/100 kg.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

1

(2)  
  OJ L 90, 27.3.2004, p. 67.

2

(3)  
  OJ L 90, 27.3.2004, p. 58.

3

---

| 28.5.2004 | EN | Official Journal of the European Union | L 190/18 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/18

---

COMMISSION REGULATION (EC) No 1035/2004

of 27 May 2004

fixing the representative prices and the additional import duties for molasses in the sugar sector applicable from 28 May 2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar (1), and in particular Article 24(4) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68 (2), stipulates that the cif import price for molasses established in accordance with Commission Regulation (EEC) No 785/68 (3), is to be considered the representative price. That price is fixed for the standard quality defined in Article 1 of Regulation (EEC) No 785/68. |
| --- | --- |

(1)

Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68 (2), stipulates that the cif import price for molasses established in accordance with Commission Regulation (EEC) No 785/68 (3), is to be considered the representative price. That price is fixed for the standard quality defined in Article 1 of Regulation (EEC) No 785/68.

| (2) | For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 3 of Regulation (EEC) No 785/68, except in the cases provided for in Article 4 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 7 of that Regulation. |
| --- | --- |

(2)

For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 3 of Regulation (EEC) No 785/68, except in the cases provided for in Article 4 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 7 of that Regulation.

| (3) | Prices not referring to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 6 of Regulation (EEC) No 785/68. |
| --- | --- |

(3)

Prices not referring to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 6 of Regulation (EEC) No 785/68.

| (4) | Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed. |
| --- | --- |

(4)

Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.

| (5) | The representative prices and additional import duties for the products concerned should be fixed in accordance with Articles 1(2) and 3(1) of Regulation (EC) No 1422/95. |
| --- | --- |

(5)

The representative prices and additional import duties for the products concerned should be fixed in accordance with Articles 1(2) and 3(1) of Regulation (EC) No 1422/95.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and the additional duties applying to imports of the products referred to in Article 1 of Regulation (EC) No 1422/95 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

J. M. SILVA RODRÍGUEZ

Agriculture Director-General

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

1

(2)  
  OJ L 141, 24.6.1995, p. 12. Regulation as amended by Regulation (EC) No 79/2003 (OJ L 13, 18.1.2003, p. 4).

2

(3)  
  OJ L 145, 27.6.1968, p. 12. Regulation as amended by Regulation (EC) No 1422/95 (OJ L 141, 24.6.1995, p. 12).

3

---

ANNEX

Representative prices and additional duties for imports of molasses in the sugar sector applicable from 28 May 2004

| (in EUR) |
| --- |
| CN code | Amount of the representative price in 100 kg net of the product in question | Amount of the additional duty in 100 kg net of the product in question | Amount of the duty to be applied to imports in 100 kg net of the product in question because of suspension as referred to in Article 5 of Regulation (EC) No 1422/95 (1) |
| 1703 10 00  (2) | 8,34 | — | 0 |
| 1703 90 00  (2) | 9,75 | — | 0 |

(in EUR)

CN code

Amount of the representative price in 100 kg net of the product in question

Amount of the additional duty in 100 kg net of the product in question

Amount of the duty to be applied to imports in 100 kg net of the product in question because of suspension as referred to in Article 5 of Regulation (EC) No 1422/95 (1)

1703 10 00  (2)

8,34

—

0

1703 90 00  (2)

9,75

—

0

---

(1)  This amount replaces, in accordance with Article 5 of Regulation (EC) No 1422/95, the rate of the Common Customs Tariff duty fixed for these products.

(2)  For the standard quality as defined in Article 1 of amended Regulation (EEC) No 785/68.

---

| 28.5.2004 | EN | Official Journal of the European Union | L 190/20 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/20

---

COMMISSION REGULATION (EC) No 1036/2004

of 27 May 2004

fixing the export refunds on white sugar and raw sugar exported in its unaltered state

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph of Article 27(5) thereof,

Whereas:

| (1) | Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund.

| (2) | Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account. |
| --- | --- |

(2)

Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account.

| (3) | The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of that Regulation. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content. |
| --- | --- |

(3)

The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of that Regulation. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content.

| (4) | In special cases, the amount of the refund may be fixed by other legal instruments. |
| --- | --- |

(4)

In special cases, the amount of the refund may be fixed by other legal instruments.

| (5) | The refund must be fixed every two weeks. It may be altered in the intervening period. |
| --- | --- |

(5)

The refund must be fixed every two weeks. It may be altered in the intervening period.

| (6) | The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary. |
| --- | --- |

(6)

The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

| (7) | The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial. |
| --- | --- |

(7)

The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial.

| (8) | To prevent any abuse through the re-import into the Community of sugar products in receipt of an export refund, no refund should be set for all the countries of the western Balkans for the products covered by this Regulation. |
| --- | --- |

(8)

To prevent any abuse through the re-import into the Community of sugar products in receipt of an export refund, no refund should be set for all the countries of the western Balkans for the products covered by this Regulation.

| (9) | In view of the above and of the present situation on the market in sugar, and in particular of the quotations or prices for sugar within the Community and on the world market, refunds should be set at the appropriate amounts. |
| --- | --- |

(9)

In view of the above and of the present situation on the market in sugar, and in particular of the quotations or prices for sugar within the Community and on the world market, refunds should be set at the appropriate amounts.

| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(1)(a) of Regulation (EC) No 1260/2001, undenatured and exported in the natural state, are hereby fixed to the amounts shown in the Annex hereto.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

1

(2)  
  OJ L 214, 8.9.1995, p. 16.

2

---

ANNEX

REFUNDS ON WHITE SUGAR AND RAW SUGAR EXPORTED WITHOUT FURTHER PROCESSING APPLICABLE FROM 28 MAY 2004

| Product code | Destination | Unit of measurement | Amount of refund |
| --- | --- | --- | --- |
| 1701 11 90 91 00 | S00 | EUR/100 kg | 43,06  (1) |
| 1701 11 90 99 10 | S00 | EUR/100 kg | 43,06  (1) |
| 1701 12 90 91 00 | S00 | EUR/100 kg | 43,06  (1) |
| 1701 12 90 99 10 | S00 | EUR/100 kg | 43,06  (1) |
| 1701 91 00 90 00 | S00 | EUR/1 % of sucrose × 100 kg product net | 0,4681 |
| 1701 99 10 91 00 | S00 | EUR/100 kg | 46,81 |
| 1701 99 10 99 10 | S00 | EUR/100 kg | 46,81 |
| 1701 99 10 99 50 | S00 | EUR/100 kg | 46,81 |
| 1701 99 90 91 00 | S00 | EUR/1 % of sucrose × 100 kg of net product | 0,4681 |
| NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).
  The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).
  The other destinations are:







  S00 | : | all destinations (third countries, other territories, victualling and destinations all destinations (third countries, other territories, victualling and destinations treated as exports from the Community) with the exception of Albania, Croatia, Bosnia and Herzegovina, Serbia and Montenegro (including Kosovo, as defined in UN Security Council Resolution 1244 of 10 June 1999), the former Yugoslav Republic of Macedonia, save for sugar incorporated in the products referred to in Article 1(2)(b) of Council Regulation (EC) No 2201/96 (OJ L 297, 21.11.1996, p. 29). |

Product code

Destination

Unit of measurement

Amount of refund

1701 11 90 91 00

S00

EUR/100 kg

43,06  (1)

1701 11 90 99 10

S00

EUR/100 kg

43,06  (1)

1701 12 90 91 00

S00

EUR/100 kg

43,06  (1)

1701 12 90 99 10

S00

EUR/100 kg

43,06  (1)

1701 91 00 90 00

S00

EUR/1 % of sucrose × 100 kg product net

0,4681

1701 99 10 91 00

S00

EUR/100 kg

46,81

1701 99 10 99 10

S00

EUR/100 kg

46,81

1701 99 10 99 50

S00

EUR/100 kg

46,81

1701 99 90 91 00

S00

EUR/1 % of sucrose × 100 kg of net product

0,4681

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are:

S00

:

all destinations (third countries, other territories, victualling and destinations all destinations (third countries, other territories, victualling and destinations treated as exports from the Community) with the exception of Albania, Croatia, Bosnia and Herzegovina, Serbia and Montenegro (including Kosovo, as defined in UN Security Council Resolution 1244 of 10 June 1999), the former Yugoslav Republic of Macedonia, save for sugar incorporated in the products referred to in Article 1(2)(b) of Council Regulation (EC) No 2201/96 (OJ L 297, 21.11.1996, p. 29).

---

(1)  This amount is applicable to raw sugar with a yield of 92 %. Where the yield for exported raw sugar differs from 92 %, the refund amount applicable shall be calculated in accordance with Article 28(4) of Regulation (EC) No 1260/2001.

---

| 28.5.2004 | EN | Official Journal of the European Union | L 190/22 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/22

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COMMISSION REGULATION (EC) No 1037/2004

of 27 May 2004

fixing the export refunds on syrups and certain other sugar products exported in the natural state

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph of Article 27(5) thereof,

Whereas:

| (1) | Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(d) of that Regulation and prices for those products within the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(d) of that Regulation and prices for those products within the Community may be covered by an export refund.

| (2) | Article 3 of Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2), provides that the export refund on 100 kilograms of the products listed in Article 1(1)(d) of Regulation (EC) No 1260/2001 is equal to the basic amount multiplied by the sucrose content, including, where appropriate, other sugars expressed as sucrose; the sucrose content of the product in question is determined in accordance with Article 3 of Commission Regulation (EC) No 2135/95. |
| --- | --- |

(2)

Article 3 of Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2), provides that the export refund on 100 kilograms of the products listed in Article 1(1)(d) of Regulation (EC) No 1260/2001 is equal to the basic amount multiplied by the sucrose content, including, where appropriate, other sugars expressed as sucrose; the sucrose content of the product in question is determined in accordance with Article 3 of Commission Regulation (EC) No 2135/95.

| (3) | Article 30(3) of Regulation (EC) No 1260/2001 provides that the basic amount of the refund on sorbose exported in the natural state must be equal to the basic amount of the refund less one hundredth of the production refund applicable, pursuant to Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (3), to the products listed in the Annex to the last mentioned Regulation. |
| --- | --- |

(3)

Article 30(3) of Regulation (EC) No 1260/2001 provides that the basic amount of the refund on sorbose exported in the natural state must be equal to the basic amount of the refund less one hundredth of the production refund applicable, pursuant to Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (3), to the products listed in the Annex to the last mentioned Regulation.

| (4) | According to the terms of Article 30(1) of Regulation (EC) No 1260/2001, the basic amount of the refund on the other products listed in Article 1(1)(d) of the said Regulation exported in the natural state must be equal to one-hundredth of an amount which takes account, on the one hand, of the difference between the intervention price for white sugar for the Community areas without deficit for the month for which the basic amount is fixed and quotations or prices for white sugar on the world market and, on the other, of the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under inward-processing arrangements. |
| --- | --- |

(4)

According to the terms of Article 30(1) of Regulation (EC) No 1260/2001, the basic amount of the refund on the other products listed in Article 1(1)(d) of the said Regulation exported in the natural state must be equal to one-hundredth of an amount which takes account, on the one hand, of the difference between the intervention price for white sugar for the Community areas without deficit for the month for which the basic amount is fixed and quotations or prices for white sugar on the world market and, on the other, of the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under inward-processing arrangements.

| (5) | According to the terms of Article 30(4) of Regulation (EC) No 1260/2001, the application of the basic amount may be limited to some of the products listed in Article 1(1)(d) of the said Regulation. |
| --- | --- |

(5)

According to the terms of Article 30(4) of Regulation (EC) No 1260/2001, the application of the basic amount may be limited to some of the products listed in Article 1(1)(d) of the said Regulation.

| (6) | Article 27 of Regulation (EC) No 1260/2001 makes provision for setting refunds for export in the natural state of products referred to in Article 1(1)(f) and (g) and (h) of that Regulation; the refund must be fixed per 100 kilograms of dry matter, taking account of the export refund for products falling within CN code 1702 30 91 and for products referred to in Article 1(1)(d) of Regulation (EC) No 1260/2001 and of the economic aspects of the intended exports; in the case of the products referred to in the said Article (1)(f) and (g), the refund is to be granted only for products complying with the conditions in Article 5 of Regulation (EC) No 2135/95; for the products referred to in Article 1(1)(h), the refund shall be granted only for products complying with the conditions in Article 6 of Regulation (EC) No 2135/95. |
| --- | --- |

(6)

Article 27 of Regulation (EC) No 1260/2001 makes provision for setting refunds for export in the natural state of products referred to in Article 1(1)(f) and (g) and (h) of that Regulation; the refund must be fixed per 100 kilograms of dry matter, taking account of the export refund for products falling within CN code 1702 30 91 and for products referred to in Article 1(1)(d) of Regulation (EC) No 1260/2001 and of the economic aspects of the intended exports; in the case of the products referred to in the said Article (1)(f) and (g), the refund is to be granted only for products complying with the conditions in Article 5 of Regulation (EC) No 2135/95; for the products referred to in Article 1(1)(h), the refund shall be granted only for products complying with the conditions in Article 6 of Regulation (EC) No 2135/95.

| (7) | The abovementioned refunds must be fixed every month; they may be altered in the intervening period. |
| --- | --- |

(7)

The abovementioned refunds must be fixed every month; they may be altered in the intervening period.

| (8) | The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary. |
| --- | --- |

(8)

The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

| (9) | The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial in nature. |
| --- | --- |

(9)

The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial in nature.

| (10) | In order to prevent any abuses associated with the reimportation into the Community of sugar sector products that have qualified for export refunds, refunds for the products covered by this Regulation should not be fixed for all the countries of the western Balkans. |
| --- | --- |

(10)

In order to prevent any abuses associated with the reimportation into the Community of sugar sector products that have qualified for export refunds, refunds for the products covered by this Regulation should not be fixed for all the countries of the western Balkans.

| (11) | In view of the above, refunds for the products in question should be fixed at the appropriate amounts. |
| --- | --- |

(11)

In view of the above, refunds for the products in question should be fixed at the appropriate amounts.

| (12) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(1)(d), (f), (g) and (h) of Regulation (EC) No 1260/2001, exported in the natural state, shall be set out in the Annex hereto to this Regulation.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

Franz FISCHLER

Member of the Commission

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(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as amended by Commission Regulation (EC) No 2196/2003 (OJ L 328, 17.12.2003, p. 17).

1

(2)  
  OJ L 214, 8.9.1995, p. 16.

2

(3)  
  OJ L 178, 30.6.2001, p. 63.

3

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ANNEX

EXPORT REFUNDS ON SYRUPS AND CERTAIN OTHER SUGAR PRODUCTS EXPORTED WITHOUT FURTHER PROCESSING APPLICABLE FROM 28 MAY 2004

| Product code | Destination | Unit of measurement | Amount of refund |
| --- | --- | --- | --- |
| 1702 40 10 91 00 | S00 | EUR/100 kg dry matter | 46,81  (1) |
| 1702 60 10 90 00 | S00 | EUR/100 kg dry matter | 46,81  (1) |
| 1702 60 80 91 00 | S00 | EUR/100 kg dry matter | 88,94  (2) |
| 1702 60 95 90 00 | S00 | EUR/1 % sucrose × net 100 kg of product | 0,4681  (3) |
| 1702 90 30 90 00 | S00 | EUR/100 kg dry matter | 46,81  (1) |
| 1702 90 60 90 00 | S00 | EUR/1 % sucrose × net 100 kg of product | 0,4681  (3) |
| 1702 90 71 90 00 | S00 | EUR/1 % sucrose × net 100 kg of product | 0,4681  (3) |
| 1702 90 99 99 00 | S00 | EUR/1 % sucrose × net 100 kg of product | 0,4681  (3)
   (4) |
| 2106 90 30 90 00 | S00 | EUR/100 kg dry matter | 46,81  (1) |
| 2106 90 59 90 00 | S00 | EUR/1 % sucrose × net 100 kg of product | 0,4681  (3) |
| NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).
  The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).
  The other destinations are defined as follows:







  S00 | : | all destinations (third countries, other territories, victualling and destinations treated as exports from the Community) with the exception of Albania, Croatia, Bosnia and Herzegovina, Serbia and Montenegro (including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999), the former Yugoslav Republic of Macedonia, except for sugar incorporated into the products referred to in Article 1(2)(b) of Council Regulation (EC) No 2201/96 (OJ L 297, 21.11.1996, p. 29). |

Product code

Destination

Unit of measurement

Amount of refund

1702 40 10 91 00

S00

EUR/100 kg dry matter

46,81  (1)

1702 60 10 90 00

S00

EUR/100 kg dry matter

46,81  (1)

1702 60 80 91 00

S00

EUR/100 kg dry matter

88,94  (2)

1702 60 95 90 00

S00

EUR/1 % sucrose × net 100 kg of product

0,4681  (3)

1702 90 30 90 00

S00

EUR/100 kg dry matter

46,81  (1)

1702 90 60 90 00

S00

EUR/1 % sucrose × net 100 kg of product

0,4681  (3)

1702 90 71 90 00

S00

EUR/1 % sucrose × net 100 kg of product

0,4681  (3)

1702 90 99 99 00

S00

EUR/1 % sucrose × net 100 kg of product

0,4681  (3)
   (4)

2106 90 30 90 00

S00

EUR/100 kg dry matter

46,81  (1)

2106 90 59 90 00

S00

EUR/1 % sucrose × net 100 kg of product

0,4681  (3)

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1).

The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are defined as follows:

S00

:

all destinations (third countries, other territories, victualling and destinations treated as exports from the Community) with the exception of Albania, Croatia, Bosnia and Herzegovina, Serbia and Montenegro (including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999), the former Yugoslav Republic of Macedonia, except for sugar incorporated into the products referred to in Article 1(2)(b) of Council Regulation (EC) No 2201/96 (OJ L 297, 21.11.1996, p. 29).

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(1)  Applicable only to products referred to in Article 5 of Regulation (EC) No 2135/95.

(2)  Applicable only to products referred to in Article 6 of Regulation (EC) No 2135/95.

(3)  The basic amount is not applicable to syrups which are less than 85 % pure (Regulation (EC) No 2135/95). Sucrose content is determined in accordance with Article 3 of Regulation (EC) No 2135/95.

(4)  The basic amount is not applicable to the product defined under point 2 of the Annex to Commission Regulation (EEC) No 3513/92 (OJ L 355, 5.12.1992, p. 12).

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| 28.5.2004 | EN | Official Journal of the European Union | L 190/25 |
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28.5.2004

EN

Official Journal of the European Union

L 190/25

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COMMISSION REGULATION (EC) No 1038/2004

of 27 May 2004

fixing the maximum export refund for white sugar to certain third countries for the 28th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1290/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the markets in the sugar sector (1) and in particular the second indent of Article 27(5) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1290/2003 of 18 July 2003 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2003/2004 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries. |
| --- | --- |

(1)

Commission Regulation (EC) No 1290/2003 of 18 July 2003 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2003/2004 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.

| (2) | Pursuant to Article 9(1) of Regulation (EC) No 1290/2003 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question. |
| --- | --- |

(2)

Pursuant to Article 9(1) of Regulation (EC) No 1290/2003 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the 28th partial invitation to tender for white sugar issued pursuant to Regulation (EC) No 1290/2003 the maximum amount of the export refund shall be 49,950 EUR/100 kg.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

Franz FISCHLER

Member of the Commission

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(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).

1

(2)  
  OJ L 181, 19.7.2003, p. 7. Regulation as amended by Regulation (EC) No 2126/2003 (OJ L 319, 4.12.2003, p. 4).

2

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| 28.5.2004 | EN | Official Journal of the European Union | L 190/26 |
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28.5.2004

EN

Official Journal of the European Union

L 190/26

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COMMISSION REGULATION (EC) No 1039/2004

of 27 May 2004

fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex I to the Treaty

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 organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (2), and in particular Article 13(3) thereof,

Whereas:

| (1) | Article 13(1) of Regulation (EEC) No 1766/92 and Article 13(1) of Regulation (EC) No 3072/95 provide that the difference between quotations of prices on the world market for the products listed in Article 1 of each of those Regulations and the prices within the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 13(1) of Regulation (EEC) No 1766/92 and Article 13(1) of Regulation (EC) No 3072/95 provide that the difference between quotations of prices on the world market for the products listed in Article 1 of each of those Regulations and the prices within the Community may be covered by an export refund.

| (2) | Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (3), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex B to Regulation (EEC) No 1766/92 or in Annex B to Regulation (EC) No 3072/95 as appropriate. |
| --- | --- |

(2)

Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (3), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex B to Regulation (EEC) No 1766/92 or in Annex B to Regulation (EC) No 3072/95 as appropriate.

| (3) | In accordance with the first subparagraph of Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month. |
| --- | --- |

(3)

In accordance with the first subparagraph of Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month.

| (4) | The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met. |
| --- | --- |

(4)

The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.

| (5) | Taking into account the settlement between the European Community and the United States of America on Community exports of pasta products to the United States, approved by Council Decision 87/482/EEC (4), it is necessary to differentiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination. |
| --- | --- |

(5)

Taking into account the settlement between the European Community and the United States of America on Community exports of pasta products to the United States, approved by Council Decision 87/482/EEC (4), it is necessary to differentiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination.

| (6) | Pursuant to Article 4(3) and (5) of Regulation (EC) No 1520/2000, a reduced rate of export refund has to be fixed, taking account of the amount of the production refund applicable, pursuant to Council Regulation (EEC) No 1722/93 (5), for the basic product in question, used during the assumed period of manufacture of the goods. |
| --- | --- |

(6)

Pursuant to Article 4(3) and (5) of Regulation (EC) No 1520/2000, a reduced rate of export refund has to be fixed, taking account of the amount of the production refund applicable, pursuant to Council Regulation (EEC) No 1722/93 (5), for the basic product in question, used during the assumed period of manufacture of the goods.

| (7) | Spirituous beverages are considered less sensitive to the price of the cereals used in their manufacture. However, Protocol 19 to the Act of Accession of the United Kingdom, Ireland and Denmark provides that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirituous beverages obtained from cereals. Accordingly, it is necessary to adapt the refund rate applying to cereals exported in the form of spirituous beverages. |
| --- | --- |

(7)

Spirituous beverages are considered less sensitive to the price of the cereals used in their manufacture. However, Protocol 19 to the Act of Accession of the United Kingdom, Ireland and Denmark provides that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirituous beverages obtained from cereals. Accordingly, it is necessary to adapt the refund rate applying to cereals exported in the form of spirituous beverages.

| (8) | It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget. |
| --- | --- |

(8)

It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget.

| (9) | The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman, |
| --- | --- |

(9)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed in Annex A to Regulation (EC) No 1520/2000 and listed either in Article 1 of Regulation (EEC) No 1766/92 or in Article 1(1) of Regulation (EC) No 3072/95, exported in the form of goods listed in Annex B to Regulation (EEC) No 1766/92 or in Annex B to Regulation (EC) No 3072/95 respectively, are fixed as shown in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission

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(1)  
  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1784/2003 (OJ L 270, 21.10.2003, p. 78).

1

(2)  
  OJ L 329, 30.12.1995, p. 18. Regulation as last amended by Commission Regulation (EC) No 411/2002 (OJ L 62, 5.3.2002, p. 27).

2

(3)  
  OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Regulation (EC) No 543/2004 (OJ L 87, 25.3.2004, p. 8).

3

(4)  
  OJ L 275, 29.9.1987, p. 36.

4

(5)  
  OJ L 159, 1.7.1993, p. 112. Regulation as last amended by Regulation (EC) No 216/2004 (OJ L 36, 7.2.2004, p. 13).

5

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ANNEX

Rates of the refunds applicable from 28 May 2004 to certain cereals and rice products exported in the form of goods not covered by Annex I to the Treaty

| (EUR/100 kg) |
| --- |
| CN code | Description of products (1) | Rate of refund per 100 kg of basic product |
| In case of advance fixing of refunds | Other |
| 1001 10 00 | Durum wheat: | | |
| – on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America | — | — |
| – in other cases | — | — |
| 1001 90 99 | Common wheat and meslin: | | |
| – on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America | — | — |
| – in other cases: | | |
| – – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2) | — | — |
| – – where goods falling within subheading 2208 (3) are exported | — | — |
| – – in other cases | — | — |
| 1002 00 00 | Rye | — | — |
| 1003 00 90 | Barley | | |
| – where goods falling within subheading 2208 (3) are exported | — | — |
| – in other cases | — | — |
| 1004 00 00 | Oats | — | — |
| 1005 90 00 | Maize (corn) used in the form of: | | |
| – starch: | | |
| – – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2) | 2,164 | 2,164 |
| – – where goods falling within subheading 2208 (3) are exported | — | — |
| – – in other cases | 2,164 | 2,164 |
| – glucose, glucose syrup, maltodextrine, maltodextrine syrup of CN codes 1702 30 51 , 1702 30 59 , 1702 30 91 , 1702 30 99 , 1702 40 90 , 1702 90 50 , 1702 90 75 , 1702 90 79 , 2106 90 55  (3): | | |
| – – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2) | 1,623 | 1,623 |
| – – where goods falling within subheading 2208 (3) are exported | — | — |
| – – in other cases | 1,623 | 1,623 |
| – where goods falling within subheading 2208 (3) are exported | — | — |
| – other (including unprocessed) | 2,164 | 2,164 |
| Potato starch of CN code 1108 13 00 similar to a product obtained from processed maize: | | |
| – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2) | 2,164 | 2,164 |
| – where goods falling within subheading 2208 (3) are exported | — | — |
| – in other cases | 2,164 | 2,164 |
| ex 1006 30 | Wholly milled rice: | | |
| – round grain | 2,500 | 2,500 |
| – medium grain | 2,500 | 2,500 |
| – long grain | 2,500 | 2,500 |
| 1006 40 00 | Broken rice | — | — |
| 1007 00 90 | Grain sorghum, other than hybrid for sowing | — | — |

(EUR/100 kg)

CN code

Description of products (1)

Rate of refund per 100 kg of basic product

In case of advance fixing of refunds

Other

1001 10 00

Durum wheat:

– on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America

—

—

– in other cases

—

—

1001 90 99

Common wheat and meslin:

– on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America

—

—

– in other cases:

– – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2)

—

—

– – where goods falling within subheading 2208 (3) are exported

—

—

– – in other cases

—

—

1002 00 00

Rye

—

—

1003 00 90

Barley

– where goods falling within subheading 2208 (3) are exported

—

—

– in other cases

—

—

1004 00 00

Oats

—

—

1005 90 00

Maize (corn) used in the form of:

– starch:

– – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2)

2,164

2,164

– – where goods falling within subheading 2208 (3) are exported

—

—

– – in other cases

2,164

2,164

– glucose, glucose syrup, maltodextrine, maltodextrine syrup of CN codes 1702 30 51 , 1702 30 59 , 1702 30 91 , 1702 30 99 , 1702 40 90 , 1702 90 50 , 1702 90 75 , 1702 90 79 , 2106 90 55  (3):

– – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2)

1,623

1,623

– – where goods falling within subheading 2208 (3) are exported

—

—

– – in other cases

1,623

1,623

– where goods falling within subheading 2208 (3) are exported

—

—

– other (including unprocessed)

2,164

2,164

Potato starch of CN code 1108 13 00 similar to a product obtained from processed maize:

– where Article 4(5) of Regulation (EC) No 1520/2000 applies (2)

2,164

2,164

– where goods falling within subheading 2208 (3) are exported

—

—

– in other cases

2,164

2,164

ex 1006 30

Wholly milled rice:

– round grain

2,500

2,500

– medium grain

2,500

2,500

– long grain

2,500

2,500

1006 40 00

Broken rice

—

—

1007 00 90

Grain sorghum, other than hybrid for sowing

—

—

---

(1)  As far as agricultural products obtained from the processing of a basic product or/and assimilated products are concerned, the coefficients shown in Annex E to Commission Regulation (EC) No 1520/2000 shall be applied (OJ L 177, 15.7.2000, p. 1).

(2)  Goods listed in Annex B to Regulation (EEC) No 1766/92 or referred to in Article 2 of Regulation (EEC) No 2825/93.

(3)  For syrups of CN codes NC 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the export refund may be granted only for the glucose syrup.

---

| 28.5.2004 | EN | Official Journal of the European Union | L 190/30 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/30

---

COMMISSION REGULATION (EC) Νo 1040/2004

of 27 May 2004

fixing the export refunds on products processed from 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 organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (2), and in particular Article 13(3) thereof,

Whereas:

| (1) | Article 13 of Regulation (EEC) No 1766/92 and Article 13 of Regulation (EC) No 3072/95 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 13 of Regulation (EEC) No 1766/92 and Article 13 of Regulation (EC) No 3072/95 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund.

| (2) | Article 13 of Regulation (EC) No 3072/95 provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market. |
| --- | --- |

(2)

Article 13 of Regulation (EC) No 3072/95 provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market.

| (3) | Article 4 of Commission Regulation (EC) No 1518/95 (3) on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated. |
| --- | --- |

(3)

Article 4 of Commission Regulation (EC) No 1518/95 (3) on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated.

| (4) | The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product. |
| --- | --- |

(4)

The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product.

| (5) | There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time. |
| --- | --- |

(5)

There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time.

| (6) | The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination. |
| --- | --- |

(6)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

| (7) | The refund must be fixed once a month. It may be altered in the intervening period. |
| --- | --- |

(7)

The refund must be fixed once a month. It may be altered in the intervening period.

| (8) | Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinised starch, no export refund is to be granted. |
| --- | --- |

(8)

Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinised starch, no export refund is to be granted.

| (9) | The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman, |
| --- | --- |

(9)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(1)(d) of Regulation (EEC) No 1766/92 and in Article 1(1)(c) of Regulation (EC) No 3072/95 and subject to Regulation (EC) No 1518/95 are hereby fixed as shown in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

1

(2)  
  OJ L 329, 30.12.1995, p. 18. Regulation as last amended by Commission Regulation (EC) No 411/2002 (OJ L 62, 5.3.2002, p. 27).

2

(3)  
  OJ L 147, 30.6.1995, p. 55. Regulation as last amended by Regulation (EC) No 2993/95 (OJ L 312, 23.12.1995, p. 25).

3

---

ANNEX

to the Commission Regulation of 27 May 2004 fixing the export refunds on products processed from cereals and rice

| Product code | Destination | Unit of measurement | Refunds |
| --- | --- | --- | --- |
| 1102 20 10 9200  (1) | C10 | EUR/t | 30,30 |
| 1102 20 10 9400  (1) | C10 | EUR/t | 25,97 |
| 1102 20 90 9200  (1) | C10 | EUR/t | 25,97 |
| 1102 90 10 9100 | C11 | EUR/t | 0,00 |
| 1102 90 10 9900 | C11 | EUR/t | 0,00 |
| 1102 90 30 9100 | C11 | EUR/t | 0,00 |
| 1103 19 40 9100 | C10 | EUR/t | 0,00 |
| 1103 13 10 9100  (1) | C10 | EUR/t | 38,95 |
| 1103 13 10 9300  (1) | C10 | EUR/t | 30,30 |
| 1103 13 10 9500  (1) | C10 | EUR/t | 25,97 |
| 1103 13 90 9100  (1) | C10 | EUR/t | 25,97 |
| 1103 19 10 9000 | C10 | EUR/t | 0,00 |
| 1103 19 30 9100 | C10 | EUR/t | 0,00 |
| 1103 20 60 9000 | C12 | EUR/t | 0,00 |
| 1103 20 20 9000 | C11 | EUR/t | 0,00 |
| 1104 19 69 9100 | C10 | EUR/t | 0,00 |
| 1104 12 90 9100 | C10 | EUR/t | 0,00 |
| 1104 12 90 9300 | C10 | EUR/t | 0,00 |
| 1104 19 10 9000 | C10 | EUR/t | 0,00 |
| 1104 19 50 9110 | C10 | EUR/t | 34,62 |
| 1104 19 50 9130 | C10 | EUR/t | 28,13 |
| 1104 29 01 9100 | C10 | EUR/t | 0,00 |
| 1104 29 03 9100 | C10 | EUR/t | 0,00 |
| 1104 29 05 9100 | C10 | EUR/t | 0,00 |
| 1104 29 05 9300 | C10 | EUR/t | 0,00 |
| 1104 22 20 9100 | C10 | EUR/t | 0,00 |
| 1104 22 30 9100 | C10 | EUR/t | 0,00 |
| 1104 23 10 9100 | C10 | EUR/t | 32,46 |
| 1104 23 10 9300 | C10 | EUR/t | 24,89 |
| 1104 29 11 9000 | C10 | EUR/t | 0,00 |
| 1104 29 51 9000 | C10 | EUR/t | 0,00 |
| 1104 29 55 9000 | C10 | EUR/t | 0,00 |
| 1104 30 10 9000 | C10 | EUR/t | 0,00 |
| 1104 30 90 9000 | C10 | EUR/t | 5,41 |
| 1107 10 11 9000 | C13 | EUR/t | 0,00 |
| 1107 10 91 9000 | C13 | EUR/t | 0,00 |
| 1108 11 00 9200 | C10 | EUR/t | 0,00 |
| 1108 11 00 9300 | C10 | EUR/t | 0,00 |
| 1108 12 00 9200 | C10 | EUR/t | 34,62 |
| 1108 12 00 9300 | C10 | EUR/t | 34,62 |
| 1108 13 00 9200 | C10 | EUR/t | 34,62 |
| 1108 13 00 9300 | C10 | EUR/t | 34,62 |
| 1108 19 10 9200 | C10 | EUR/t | 0,00 |
| 1108 19 10 9300 | C10 | EUR/t | 0,00 |
| 1109 00 00 9100 | C10 | EUR/t | 0,00 |
| 1702 30 51 9000  (2) | C10 | EUR/t | 33,92 |
| 1702 30 59 9000  (2) | C10 | EUR/t | 25,97 |
| 1702 30 91 9000 | C10 | EUR/t | 33,92 |
| 1702 30 99 9000 | C10 | EUR/t | 25,97 |
| 1702 40 90 9000 | C10 | EUR/t | 25,97 |
| 1702 90 50 9100 | C10 | EUR/t | 33,92 |
| 1702 90 50 9900 | C10 | EUR/t | 25,97 |
| 1702 90 75 9000 | C10 | EUR/t | 35,54 |
| 1702 90 79 9000 | C10 | EUR/t | 24,67 |
| 2106 90 55 9000 | C10 | EUR/t | 25,97 |
| NB The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), as amended.
  The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).
  The other destinations are as follows:






  C10 | All destinations |
| C11 | All destinations except for Bulgaria |
| C12 | All destinations except for Romania |
| C13 | All destinations except for Bulgaria and Romania |

Product code

Destination

Unit of measurement

Refunds

1102 20 10 9200  (1)

C10

EUR/t

30,30

1102 20 10 9400  (1)

C10

EUR/t

25,97

1102 20 90 9200  (1)

C10

EUR/t

25,97

1102 90 10 9100

C11

EUR/t

0,00

1102 90 10 9900

C11

EUR/t

0,00

1102 90 30 9100

C11

EUR/t

0,00

1103 19 40 9100

C10

EUR/t

0,00

1103 13 10 9100  (1)

C10

EUR/t

38,95

1103 13 10 9300  (1)

C10

EUR/t

30,30

1103 13 10 9500  (1)

C10

EUR/t

25,97

1103 13 90 9100  (1)

C10

EUR/t

25,97

1103 19 10 9000

C10

EUR/t

0,00

1103 19 30 9100

C10

EUR/t

0,00

1103 20 60 9000

C12

EUR/t

0,00

1103 20 20 9000

C11

EUR/t

0,00

1104 19 69 9100

C10

EUR/t

0,00

1104 12 90 9100

C10

EUR/t

0,00

1104 12 90 9300

C10

EUR/t

0,00

1104 19 10 9000

C10

EUR/t

0,00

1104 19 50 9110

C10

EUR/t

34,62

1104 19 50 9130

C10

EUR/t

28,13

1104 29 01 9100

C10

EUR/t

0,00

1104 29 03 9100

C10

EUR/t

0,00

1104 29 05 9100

C10

EUR/t

0,00

1104 29 05 9300

C10

EUR/t

0,00

1104 22 20 9100

C10

EUR/t

0,00

1104 22 30 9100

C10

EUR/t

0,00

1104 23 10 9100

C10

EUR/t

32,46

1104 23 10 9300

C10

EUR/t

24,89

1104 29 11 9000

C10

EUR/t

0,00

1104 29 51 9000

C10

EUR/t

0,00

1104 29 55 9000

C10

EUR/t

0,00

1104 30 10 9000

C10

EUR/t

0,00

1104 30 90 9000

C10

EUR/t

5,41

1107 10 11 9000

C13

EUR/t

0,00

1107 10 91 9000

C13

EUR/t

0,00

1108 11 00 9200

C10

EUR/t

0,00

1108 11 00 9300

C10

EUR/t

0,00

1108 12 00 9200

C10

EUR/t

34,62

1108 12 00 9300

C10

EUR/t

34,62

1108 13 00 9200

C10

EUR/t

34,62

1108 13 00 9300

C10

EUR/t

34,62

1108 19 10 9200

C10

EUR/t

0,00

1108 19 10 9300

C10

EUR/t

0,00

1109 00 00 9100

C10

EUR/t

0,00

1702 30 51 9000  (2)

C10

EUR/t

33,92

1702 30 59 9000  (2)

C10

EUR/t

25,97

1702 30 91 9000

C10

EUR/t

33,92

1702 30 99 9000

C10

EUR/t

25,97

1702 40 90 9000

C10

EUR/t

25,97

1702 90 50 9100

C10

EUR/t

33,92

1702 90 50 9900

C10

EUR/t

25,97

1702 90 75 9000

C10

EUR/t

35,54

1702 90 79 9000

C10

EUR/t

24,67

2106 90 55 9000

C10

EUR/t

25,97

NB The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), as amended.

The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are as follows:

C10

All destinations

C11

All destinations except for Bulgaria

C12

All destinations except for Romania

C13

All destinations except for Bulgaria and Romania

---

(1)  No refund shall be granted on products given a heat treatment resulting in pregelatinisation of the starch.

(2)  Refunds are granted in accordance with Council Regulation (EEC) No 2730/75 (OJ L 281, 1.11.1975, p. 20), as amended.

---

| 28.5.2004 | EN | Official Journal of the European Union | L 190/33 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/33

---

COMMISSION REGULATION (EC) No 1041/2004

of 27 May 2004

fixing the export refunds on cereal-based compound feedingstuffs

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 organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

| (1) | Article 13 of Regulation (EEC) No 1766/92 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 13 of Regulation (EEC) No 1766/92 provides that the difference between quotations or prices on the world market for the products listed in Article 1 of that Regulation and prices for those products within the Community may be covered by an export refund.

| (2) | Commission Regulation (EC) No 1517/95 of 29 June 1995 laying down detailed rules for the application of Regulation (EEC) No 1766/92 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (2) in Article 2 lays down general rules for fixing the amount of such refunds. |
| --- | --- |

(2)

Commission Regulation (EC) No 1517/95 of 29 June 1995 laying down detailed rules for the application of Regulation (EEC) No 1766/92 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (2) in Article 2 lays down general rules for fixing the amount of such refunds.

| (3) | That calculation must also take account of the cereal products content. In the interest of simplification, the refund should be paid in respect of two categories of ‘cereal products’, namely for maize, the most commonly used cereal in exported compound feeds and maize products, and for ‘other cereals’, these being eligible cereal products excluding maize and maize products. A refund should be granted in respect of the quantity of cereal products present in the compound feedingstuff. |
| --- | --- |

(3)

That calculation must also take account of the cereal products content. In the interest of simplification, the refund should be paid in respect of two categories of ‘cereal products’, namely for maize, the most commonly used cereal in exported compound feeds and maize products, and for ‘other cereals’, these being eligible cereal products excluding maize and maize products. A refund should be granted in respect of the quantity of cereal products present in the compound feedingstuff.

| (4) | Furthermore, the amount of the refund must also take into account the possibilities and conditions for the sale of those products on the world market, the need to avoid disturbances on the Community market and the economic aspect of the export. |
| --- | --- |

(4)

Furthermore, the amount of the refund must also take into account the possibilities and conditions for the sale of those products on the world market, the need to avoid disturbances on the Community market and the economic aspect of the export.

| (5) | The current situation on the cereals market and, in particular, the supply prospects mean that the export refunds should be abolished. |
| --- | --- |

(5)

The current situation on the cereals market and, in particular, the supply prospects mean that the export refunds should be abolished.

| (6) | The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman, |
| --- | --- |

(6)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the compound feedingstuffs covered by Regulation (EEC) No 1766/92 and subject to Regulation (EC) No 1517/95 are hereby fixed as shown in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

1

(2)  
  OJ L 147, 30.6.1995, p. 51.

2

---

ANNEX

to the Commission Regulation of 27 May 2004 fixing the export refunds on cereal-based compound feedingstuffs

Product codes benefiting from export refund:

| | 2309 10 11 9000 , |
| --- | --- |

2309 10 11 9000 ,

| | 2309 10 13 9000 , |
| --- | --- |

2309 10 13 9000 ,

| | 2309 10 31 9000 , |
| --- | --- |

2309 10 31 9000 ,

| | 2309 10 33 9000 , |
| --- | --- |

2309 10 33 9000 ,

| | 2309 10 51 9000 , |
| --- | --- |

2309 10 51 9000 ,

| | 2309 10 53 9000 , |
| --- | --- |

2309 10 53 9000 ,

| | 2309 90 31 9000 , |
| --- | --- |

2309 90 31 9000 ,

| | 2309 90 33 9000 , |
| --- | --- |

2309 90 33 9000 ,

| | 2309 90 41 9000 , |
| --- | --- |

2309 90 41 9000 ,

| | 2309 90 43 9000 , |
| --- | --- |

2309 90 43 9000 ,

| | 2309 90 51 9000 , |
| --- | --- |

2309 90 51 9000 ,

| | 2309 90 53 9000 |
| --- | --- |

2309 90 53 9000

| Cereal products | Destination | Unit of measurement | Amount of refunds |
| --- | --- | --- | --- |
| Maize and maize products:
  CN codes 0709 90 60 , 0712 90 19 , 1005 , 1102 20 , 1103 13 , 1103 29 40 , 1104 19 50 , 1104 23 , 1904 10 10 | C10 | EUR/t | 0,00 |
| Cereal products excluding maize and maize products | C10 | EUR/t | 0,00 |
| NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.







  C10 | : | All destinations. |

Cereal products

Destination

Unit of measurement

Amount of refunds

Maize and maize products:

CN codes 0709 90 60 , 0712 90 19 , 1005 , 1102 20 , 1103 13 , 1103 29 40 , 1104 19 50 , 1104 23 , 1904 10 10

C10

EUR/t

0,00

Cereal products excluding maize and maize products

C10

EUR/t

0,00

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.

C10

:

All destinations.

---

| 28.5.2004 | EN | Official Journal of the European Union | L 190/35 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/35

---

COMMISSION REGULATION (EC) No 1042/2004

of 27 May 2004

fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1260/2001 of 19 June 2001 on the common organisation of the market in sugar (1), and in particular Article 27(5)(a) and (15),

Whereas:

| (1) | Article 27(1) and (2) of Regulation (EEC) No 1260/2001 provides that the differences between the prices in international trade for the products listed in Article 1(1)(a), (c), (d), (f), (g) and (h) of that Regulation and prices within the Community may be covered by an export refund where these products are exported in the form of goods listed in Annex V to that Regulation. Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty and the criteria for fixing the amount of such refunds (2) specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex I to Regulation (EC) No 1260/2001. |
| --- | --- |

(1)

Article 27(1) and (2) of Regulation (EEC) No 1260/2001 provides that the differences between the prices in international trade for the products listed in Article 1(1)(a), (c), (d), (f), (g) and (h) of that Regulation and prices within the Community may be covered by an export refund where these products are exported in the form of goods listed in Annex V to that Regulation. Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty and the criteria for fixing the amount of such refunds (2) specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex I to Regulation (EC) No 1260/2001.

| (2) | In accordance with Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month. |
| --- | --- |

(2)

In accordance with Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month.

| (3) | Article 27(3) of Regulation (EC) No 1260/2001 and Article 11 of the Agreement on Agriculture concluded under the Uruguay Round lay down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing. |
| --- | --- |

(3)

Article 27(3) of Regulation (EC) No 1260/2001 and Article 11 of the Agreement on Agriculture concluded under the Uruguay Round lay down that the export refund for a product contained in a good may not exceed the refund applicable to that product when exported without further processing.

| (4) | The refunds fixed under this Regulation may be fixed in advance as the market situation over the next few months cannot be established at the moment. |
| --- | --- |

(4)

The refunds fixed under this Regulation may be fixed in advance as the market situation over the next few months cannot be established at the moment.

| (5) | The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met. |
| --- | --- |

(5)

The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.

| (6) | It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget. |
| --- | --- |

(6)

It is necessary to ensure continuity of strict management taking account of expenditure forecasts and funds available in the budget.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed in Annex A to Regulation (EC) No 1520/2000 and in Article 1(1) and (2) of Regulation (EC) No 1260/2001, exported in the form of goods listed in Annex V to Regulation (EC) No 1260/2001, are fixed as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission

---

(1)  
  OJ L 178, 30.6.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 2196/2003 (OJ L 328, 17.12.2003, p. 17).

1

(2)  
  OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Regulation (EC) No 740/2003 (OJ L 106, 29.4.2003, p. 12).

2

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ANNEX

Rates of refunds applicable from 28 May 2004 to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty

| CN code | Description | Rate of refund in EUR/100 kg |
| --- | --- | --- |
| In case of advance fixing of refunds | Other |
| 1701 99 10 | White sugar | 46,81 | 46,81 |

CN code

Description

Rate of refund in EUR/100 kg

In case of advance fixing of refunds

Other

1701 99 10

White sugar

46,81

46,81

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| 28.5.2004 | EN | Official Journal of the European Union | L 190/37 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/37

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COMMISSION REGULATION (EC) No 1043/2004

of 27 May 2004

fixing the export refunds on olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (1), and in particular Article 3(3) thereof,

Whereas:

| (1) | Article 3 of Regulation No 136/66/EEC provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is exported to third countries. |
| --- | --- |

(1)

Article 3 of Regulation No 136/66/EEC provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is exported to third countries.

| (2) | The detailed rules for fixing and granting export refunds on olive oil are contained in Commission Regulation (EEC) No 616/72 (2). |
| --- | --- |

(2)

The detailed rules for fixing and granting export refunds on olive oil are contained in Commission Regulation (EEC) No 616/72 (2).

| (3) | Article 3(3) of Regulation No 136/66/EEC provides that the refund must be the same for the whole Community. |
| --- | --- |

(3)

Article 3(3) of Regulation No 136/66/EEC provides that the refund must be the same for the whole Community.

| (4) | In accordance with Article 3(4) of Regulation No 136/66/EEC, the refund for olive oil must be fixed in the light of the existing situation and outlook in relation to olive oil prices and availability on the Community market and olive oil prices on the world market. However, where the world market situation is such that the most favourable olive oil prices cannot be determined, account may be taken of the price of the main competing vegetable oils on the world market and the difference recorded between that price and the price of olive oil during a representative period. The amount of the refund may not exceed the difference between the price of olive oil in the Community and that on the world market, adjusted, where appropriate, to take account of export costs for the products on the world market. |
| --- | --- |

(4)

In accordance with Article 3(4) of Regulation No 136/66/EEC, the refund for olive oil must be fixed in the light of the existing situation and outlook in relation to olive oil prices and availability on the Community market and olive oil prices on the world market. However, where the world market situation is such that the most favourable olive oil prices cannot be determined, account may be taken of the price of the main competing vegetable oils on the world market and the difference recorded between that price and the price of olive oil during a representative period. The amount of the refund may not exceed the difference between the price of olive oil in the Community and that on the world market, adjusted, where appropriate, to take account of export costs for the products on the world market.

| (5) | In accordance with Article 3(3) third indent, point (b) of Regulation No 136/66/EEC, it may be decided that the refund shall be fixed by tender. The tendering procedure should cover the amount of the refund and may be limited to certain countries of destination, quantities, qualities and presentations. |
| --- | --- |

(5)

In accordance with Article 3(3) third indent, point (b) of Regulation No 136/66/EEC, it may be decided that the refund shall be fixed by tender. The tendering procedure should cover the amount of the refund and may be limited to certain countries of destination, quantities, qualities and presentations.

| (6) | The second indent of Article 3(3) of Regulation No 136/66/EEC provides that the refund on olive oil may be varied according to destination where the world market situation or the specific requirements of certain markets make this necessary. |
| --- | --- |

(6)

The second indent of Article 3(3) of Regulation No 136/66/EEC provides that the refund on olive oil may be varied according to destination where the world market situation or the specific requirements of certain markets make this necessary.

| (7) | The refund must be fixed at least once every month. It may, if necessary, be altered in the intervening period. |
| --- | --- |

(7)

The refund must be fixed at least once every month. It may, if necessary, be altered in the intervening period.

| (8) | It follows from applying these detailed rules to the present situation on the market in olive oil and in particular to olive oil prices within the Community and on the markets of third countries that the refund should be as set out in the Annex hereto. |
| --- | --- |

(8)

It follows from applying these detailed rules to the present situation on the market in olive oil and in particular to olive oil prices within the Community and on the markets of third countries that the refund should be as set out in the Annex hereto.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats, |
| --- | --- |

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1(2)(c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by Regulation (EC) No 1513/2001 (OJ L 201, 26.7.2001, p. 4).

1

(2)  
  OJ L 78, 31.3.1972, p. 1. Regulation as last amended by Regulation (EEC) No 2962/77 (OJ L 348, 30.12.1977, p. 53).

2

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ANNEX

to the Commission Regulation of 27 May 2004 fixing the export refunds on olive oil

| Product code | Destination | Unit of measurement | Amount of refund |
| --- | --- | --- | --- |
| 1509 10 90 9100 | A00 | EUR/100 kg | 0,00 |
| 1509 10 90 9900 | A00 | EUR/100 kg | 0,00 |
| 1509 90 00 9100 | A00 | EUR/100 kg | 0,00 |
| 1509 90 00 9900 | A00 | EUR/100 kg | 0,00 |
| 1510 00 90 9100 | A00 | EUR/100 kg | 0,00 |
| 1510 00 90 9900 | A00 | EUR/100 kg | 0,00 |
| NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.
  The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). |

Product code

Destination

Unit of measurement

Amount of refund

1509 10 90 9100

A00

EUR/100 kg

0,00

1509 10 90 9900

A00

EUR/100 kg

0,00

1509 90 00 9100

A00

EUR/100 kg

0,00

1509 90 00 9900

A00

EUR/100 kg

0,00

1510 00 90 9100

A00

EUR/100 kg

0,00

1510 00 90 9900

A00

EUR/100 kg

0,00

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.

The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

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| 28.5.2004 | EN | Official Journal of the European Union | L 190/39 |
| --- | --- | --- | --- |

28.5.2004

EN

Official Journal of the European Union

L 190/39

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COMMISSION REGULATION (EC) No 1044/2004

of 27 May 2004

concerning tenders notified in response to the invitation to tender for the export of oats issued in Regulation (EC) No 1814/2003

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 organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (2), and in particular Article 4 thereof,

Having regard to Commission Regulation (EC) No 1814/2003 of 15 October 2003 on a special intervention measure for cereals in Finland and Sweden for the marketing year 2003/04 (3), and in particular Article 9 thereof,

Whereas:

| (1) | An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland and Sweden to all third countries, with the exception of Bulgaria, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Czech Republic, Romania, Slovakia and Slovenia was opened pursuant to Regulation (EC) No 1814/2003. |
| --- | --- |

(1)

An invitation to tender for the refund for the export of oats produced in Finland and Sweden for export from Finland and Sweden to all third countries, with the exception of Bulgaria, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Czech Republic, Romania, Slovakia and Slovenia was opened pursuant to Regulation (EC) No 1814/2003.

| (2) | According to Article 9 of Regulation (EC) No 1814/2003 the Commission may, on the basis of the tenders notified, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, decide to make no award. |
| --- | --- |

(2)

According to Article 9 of Regulation (EC) No 1814/2003 the Commission may, on the basis of the tenders notified, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92, decide to make no award.

| (3) | On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed. |
| --- | --- |

(3)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 21 to 27 May 2004 in response to the invitation to tender for the refund for the export of oats issued in Regulation (EC) No 1814/2003.

Article 2

This Regulation shall enter into force on 28 May 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States

Done at Brussels, 27 May 2004.

For the Commission

Franz FISCHLER

Member of the Commission

---

(1)  
  OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

1

(2)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16).

2

(3)  
  OJ L 265, 16.10.2003, p. 25.

3

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28.5.2004

| 28.5.2004 | EN | Official Journal of the European Union | L 190/s3 |
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EN

Official Journal of the European Union

L 190/s3

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On 28 April 2004, the Commission adopted Decision C(2004) 1582 final amending Directive 2001/32/EC of 8 May 2001 recognising protected zones exposed to particular plant health risks in the Community.

Pending its publication in the OJ, the text is available at:

| | http://europa.eu.int/comm/food/plant/organisms/protected/index_en.htm |
| --- | --- |

http://europa.eu.int/comm/food/plant/organisms/protected/index_en.htm

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