COMMISSION REGULATION (EEC) No 1620/93 of 25 June 1993 laying down detailed rules for the application of Council Regulation (EEC) No 1766/92 and Regulation (EEC) No 1418/76 regarding the import and export system for products processed from cereals and rice respectively
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (1), and in particular Article 11, 13 and 14 thereof,
Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (2), as last amended by Regulation (EEC) No 1544/93 (3), and in particular Article 12 (3), 17 and 18 thereof,
Whereas rules should be adopted for the application of the system of levies and refunds applicable in trade with third countries in products processed from cereals and from rice, but excluding compound feedingstuffs for which special rules have been laid down in Regulation (EEC) No 1619/93 (4);
Whereas the variable component of the levy must correspond to the incidence on the prime costs of processed products of the levies on basic products; whereas that incidence may be calculated on the basis of the average of the levies applicable during a representative period to the quantity of the basic product deemed necessary for the manufacture of one unit of the processed product;
Whereas, as far as products subject to the common organization of the market in cereals, but containing no cereals are concerned, the variable component should be calculated with reference to market conditions for products which are in competition with them;
Whereas the fixed component of the levy must be designed to protect the processing industry; whereas that component should be determined on the basis of the most representative processing costs;
Whereas, for some residues of processing, the industry is already protected through the protection enjoyed by the main processed product; whereas in that case the fixed component can be equal to zero;
Whereas the object of the refund should be to cover the difference between the prices for products within the Community and those charged on the world market; whereas, for that purpose, criteria should be established for determining the refund essentially by reference to prices of the basic products within and outside the Community, and to the outlets and conditions for the sale of processed products on the world market;
Whereas, in addition to the system described above, the use of inward processing arrangements should be regulated in order to ensure a balance between the use of basic Community products for the purpose of exporting processed goods to third countries and the use of third country products brought in under inward processing arrangements within the meaning of Council Regulation (EEC) No 1999/85 (5);
Whereas Council Regulation (EEC) No 2744/75 (6), as last amended by Regulation (EEC) No 1906/87 (7), is repealed with effect from 1 July 1993 this Regulation should incorporate its provisions, whilst adjusting them to present market conditions;
Whereas, for certain products such as roasted malt or roasted gluten, the levy has to be determined without it being possible to ascertain the raw material from which they were obtained;
Whereas 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
1. For the the purposes of this Regulation, 'processed products' means the products or groups of products listed:
(a) in Annex A to Regulation (EEC) No 1766/92, except the products falling within CN code ex 2309;
(b) in Article 1 (1) (c) of Regulation (EEC) No 1418/76.
2. For the purposes of this Regulation, 'basic products' means the cereals listed in Article 1 (a) and (b) of Regulation (EEC) No 1766/92 and broken rice.
TITLE I LEVIES
Article 2
1. The variable component of the levy shall, in the course of a given month, be equal to the average of the levies applicable for the first 25 days of the month preceding that of importation to one metric tonne of the basic product or products listed in column 3 of the Annex hereto, multiplied by the coefficient which appears against the product in question in column 4 of the Annex. However, for products falling within CN kode 2302 except 2302 50 00, the variable component of the levy shall be obtained by adding together the averages of the levies applicable to one metric tonne of common wheat, one metric tonne of barley and one metric tonne of maize and multiplying that total by the coefficient which appears against each of these basic products in column 4.
In order to adjust the averages mentioned in the first paragraph to the threshold price valid for the basic product in question during the month of importation, they shall be increased or reduced by the difference between that threshold price and the threshold price valid during the preceding month. However, that adjustment shall not be made if the average of the levies applicable for the first 25 days of the month preceding that of importation of the basic product is equal to zero.
2. Revision of the variable component in the course of the month, to take account of a variation in the levy applicable to basic products, shall be effected by the Commission at a flat rate.
3. The variable component applicable to a processed product manufactured from durum what shall be equal to that applicable to a comparable product manufactured from common wheat.
Article 3
The fixed component of the levy shall be equal to the amount which appears against the product in question in column 5 of the Annex.
TITLE II REFUNDS
Article 4
1. The refund which may be granted on processed products shall be determined with particular reference to:
(a) the movements of prices for the basic products within the Community, compared with world market prices;
(b) the quantities of basic products needed for the manufacture of the product in question;
(c) the possible duplication of refunds applicable to various products obtained from one and the same process and one and the same product;
(d) outlets and conditions of sale for processed products on the world market.
2. Where the world market situation or the specific requirements of certain markets so require the refund may be varied according to destination.
3. The refunds shall be fixed at least once a month.
Article 5
The refund in force on the day on which the application for a licence is lodged shall be applied to a transaction to be carried out during the period of validity of the licence, at the request of the applicant, such request being lodged at the same time as the application for a licence.
In the event envisaged in the foregoing paragraph, the refund shall be adjusted by reference to the threshold price in force during the month of exportation for the basic product or products. The adjustment shall be effected by increasing or reducing the refund by the difference between the threshold process valid for one metric tonne of the basic product during, respectively, the month in which the licence was applied for and the month of exportaiton, multiplied by the coefficients which appear against the processed product in questin in column 4 of the Annex.
TITLE III INWARD PROCESSING
Article 6
1. The quantity of basic products, assimilated products within the meaning of Council Regulation (EEC) No 3033/80 (8), or products processed from them under inward processing arrangements in view of or in consequence of the exportation of the products listed in the Annex under CN codes 1102 20, 1102 30 00, 1103 12 00, 1103 13, 1103 14 00, 1103 19, 1104 11, 1104 19, 1104 21, 1104 22, 1104 23, 1104 29, 1106 20 10, 1108 11 00, 1108 12 00, 1108 13 00, 1108 19, 1702 30 91, 1702 30 99, 1702 40 90, 1702 90 50 and 2106 90 55 may not exceed the quantity taken into account for determining the variable component of the levy.
2. The abovementioned quantity may be reduced, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 and in Article 27 of Regulation (EEC) No 1418/76, in order to take account of the need to establish a balance between the conditions for exporting processed products qualifying for an export refund and inward processing arrangements.
3. Use of inward processing arrangements shall be prohibited in respect of products listed in the Annex, under CN codes 0714, 1104 30, 1106 20, 1109 00 00, 2302 (except 2302 50 00) and 2302 10 11 whenever they are intended for the preparation of the products referred to in Article 1 (1).
TITLE IV GENERAL PROVISIONS
Article 7
The methods used for assessing the ash content, the fat content and the starch content, the denaturing process and any other method of analysis necessary for the application of this Regulation shall be determined, if necessary, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92 and Article 27 of Regulation (EEC) No 1418/76.
Article 8
The references to Council Regulation (EEC) No 2744/75, repealed, shall be construed as having been made to the corresponding provisions of this Regulation.
Article 9
This Regulation shall enter into force on 1 July 1993.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 June 1993.