1992R1766 — EN — 14.07.2000 — 009.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 1766/92
of 30 June 1992
on the common organization of the market in cereals
(OJ L 181, 1.7.1992, p. 21)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 2193/93 of 28 July 1993 L 196 22 5.8.1993
►M2Council Regulation (EC) No 1866/94 of 27 July 1994 L 197 1 30.7.1994
►M3Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994
►M4Council Regulation (EC) No 1528/95 of 29 June 1995 L 148 3 30.6.1995
►M5Commission Regulation (EC) No 1664/95 of 7 July 1995 L 158 13 8.7.1995
►M6Council Regulation (EC) No 1863/95 of 17 July 1995 L 179 1 29.7.1995
►M7Commission Regulation (EC) No 923/96 of 23 May 1996 L 126 37 24.5.1996
►M8Council Regulation (EC) No 1253/1999 of 17 May 1999 L 160 18 26.6.1999
►M9Commission Regulation (EC) No 1510/2000 of 12 July 2000 L 174 11 13.7.2000
Amended by:
►A1Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCIL REGULATION (EEC)No 1766/92
of 30 June 1992
on the common organization of the market in cereals
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community and in particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Whereas the prices and guarantees represented by the machinery
introduced by Council Regulation (EEC) No 2727/75 of 29 October1975 on the common organization of the market in cereals(
4)encourage
the growth of cereals production at a rate which is no longer in line with
the absorption capacity of the market; whereas, in order to avoid a
succession of increasingly serious crises, the current policy should beradically reformed; whereas that implies that the support provided by themarket organization should be reorientated in such a way that it nolonger depends solely on guaranteed prices;
Whereas the new orientation of the common agricultural policy must
lead to better market equilibrium and to a better competitive position forCommunity agriculture; whereas that objective can be achieved bylowering the target price to a level representing an anticipated rate on astabilized world market; whereas, so as not to encourage producers toopt for one particular crop, the target price should be the same for the
major cereales;
Whereas the loss of income resulting from the drop in prices is offset by
direct aid per hectare introduced by Regulation (EEC) No 1765/92(
5);
Whereas the structure of guaranteed prices must permit disposal of
surpluses within the Community; whereas an intervention price shouldtherefore be fixed at a lower level and a threshold price at a higher level
than the target price;
Whereas the new structure of guaranteed prices leads to the elimination
of the current provisions on derived prices;
Whereas the aid scheme provided for by Regulation (EEC) No 1765/92
replaces those for durum wheat and certain minor cereales; whereas
those aids should therefore be discontinued;
Whereas the intervention agencies must be able, in special circum-
stances, to take intervention measures suited to those circumstances;whereas, however, so that the required uniformity of interventionsystems may be maintained, those special circumstances should beassessed and the appropriate measures determined at Community level;
Whereas the intervention prices and threshold prices should, in the
course of the marketing year, be subject to a certain number of monthlyincreases in order to take account, to some extent, of storage costs andinterest charges for storing cereals in the Community and of the need toensure that the disposal stocks conforms to market requirements;
Whereas potatoes intended for the production of starch are in direct
competition with cereals intended for the production of starch; whereas,
in view of the reform measures envisaged for cereals and to ensure equaltreatment between the lines of production in question, similar measures1992R1766 — EN — 14.07.2000 — 009.001 — 2
(1) OJ No C 303, 22. 11. 1991, p. 10.
(2) OJ No C 125, 18. 5. 1992.
(3) OJ No C 98, 21. 4. 1992, p. 15.
(4) OJ No L 281, 1. 11. 1975, p. 1. As last amended by Regulation (EEC) No
1738/92 (OJ No L 180, 1. 7. 1992, p. 1).
(5) See page 12 of this Official Journal
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should be adopted with regard to potatoes intended for the production of
starch;
Whereas the creatin of a single Community market for cereals involves,
apart from a system of guaranteed prices, the introduction of a singletrading system at the external frontiers of the Community; whereas atrading system including levies and export refunds, combined with
intervention measures, also serves to stabilize the Community market, in
particular by preventing price fluctuations on the world market fromaffecting prices ruling within the Community; whereas, therefore,provision should be made for charging a levy on imports from thirdcountries and for the payment of a refund on exports to those countries,
both being designed to cover the difference between prices ruling
outside and within the Community; whereas, moreover, in respect ofproducts processed from the cereals to which this Regulation applies,account should be taken of the need to ensure a measure of protectionfor the Community processing industry;
Whereas, in addition to the system described above, and to the extent
necessary for its proper working, provision should be made forregulation or, when the situation on the market so requires, prohibitingtotally or partially the use of ‘inward processing arrangements’;
Whereas the competent authorities must be in a position to monitor trade
movements in order to assess market trends and to apply the measureslaid down in this Regulation as necessary; whereas, to that end,provision should be made for the issue of import and export licences
accompanied by the provision of security guaranteeing that the
transactions for which such licences are requested are effected;
Whereas the levy system makes it possible to dispense with all other
protective measures at the external frontiers of the Community; whereas,
however, the common price and levy machinery may, in exceptionalcircumstances, prove defective whereas, in such cases, so as not to leavethe Community market without defence against disturbances, theCommunity should be enabled to take all necessary measures withoutdelay;
Whereas, in a situation of high prices on the world market, provision
should be made for appropriate measures to be taken in order tosafeguard Community supplies and to stabilize prices on Community
markets;
Whereas the establishment of a single market based on a common price
system would be jeopardized by the granting of certain aids; whereas,
therefore, the provisions of the Treaty which allow the assessment of
aids granted by Member States and the prohibition of those which areincompatible with the common market should be made to apply tocereals;
Whereas the common organization of the market in cereals must include
the products of primary processing which contain cereals or certainproducts which do not contain cereals but which are directlyinterchangeable in their use with cereals or with products obtainedfrom cereals;
Whereas, in order to facilitate implementation of the proposed measures,
a procedure should be laid down for establishing close cooperationbetween Member States and the Commission within a Management
Committee;
Whereas the common organization of the market in cereals must take
appropriate account, at the same time, of the objectives set out inArticles 39 and 110 of the Treaty;1992R1766 — EN — 14.07.2000 — 009.001 — 3
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Whereas the expenditure incurred by the Member States as a result of
the obligations arising out of the application of this Regulation falls onthe Community in accordance with the provisions of Articles 2 and 3 of
Council Regulation (EEC) no 729/70 of 21 April 1970 on the financing
of the common agricultural policy(
1);
Whereas the cut in common prices from the time of the entry into force
of this Regulation is liable to disrupt the internal market; whereasprovision should therefore be made for the possibility for theCommission to take any appropriate measures to avoid such disruptions;
Whereas, since their consolidation by Regulation (EEC) No 2727/75,
several provisions concerning the organization of the market in cerealshave been amended a number of times; whereas, by reason of their
number, their complexity and their dispersal among various Official
Journals, these texts are difficult to use and thus lack the clarity whichshould be an essential feature of all legislation; whereas they should,therefore, be updated,
HAS ADOPTED THIS REGULATION:
Article 1
1. The common organiszation of the market in cereals shall cover the
following products:
CN code Description
a) 0709 90 60 Sweet corn, fresh or chilled
0712 90 19 Dried sweet corn, whole, cut, sliced, broken or in powder,
but not further prepared, other than hybrid for sowing
1001 90 91 Common wheat and meslin seed
1001 90 99 Spelt, common wheat and meslin other than for sowing
1002 00 00 Rye1003 00 Barley
1004 00 Oats
1005 10 90 Maize (corn) other than hybrid
1005 90 00 Maize (corn) other than seed
1007 00 90 Grain sorghum, other than hybrid, for sowing
1008 Buckwheat, millet and canary seed; other cereals
b) 1001 10 Durum wheatc) 1101 00 00 Wheat or meslin flour
1102 10 00 Rye flour
1103 11 Groats and meal of wheat
1107 Malt, whether or not roasted
d) The products listed in Annex A
2. This Regulation shall apply notwithstanding the measures provided
for by Council Regulation (EC) No 1251/1999 of 17 May 1999establishing a support system for producers of certain arable crops(
2).1992R1766 — EN — 14.07.2000 — 009.001 — 4
(1) OJ No L 94, 28. 4. 1970, p. 13. As amended by Regulation (EEC) No 2048/88
(OJ No L 185, 15. 7. 1988, p. 1).
(2) OJ L 160, 26.6.1999, p. 1.▼M8
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Article 2
The marketing year for all products listed in Article 1 shall begin on 1
July and end on 30 June of the following year.
TITLE 1
Pricing and intervention system
Article 3
1. An intervention price for cereals subject to intervention shall be
fixed at:
— EUR 110,25/t for the 2000/2001 marketing year,
— EUR 101,31/t from the 2001/2002 marketing year onwards.
The intervention price valid for maize and grain sorghum in May shall
remain valid in July, August and September of the same year.
2. The intervention price shall be subject to monthly increases for the
whole or part of the marketing year. The amounts of the monthly
increases and their number are determined in accordance with theprocedure laid down in Article 37(2) of the Treaty.
3. The intervention price shall refer to the wholesale stage for goods
delivered to the warehouse, before unloading. It shall be valid for allCommunity intervention centres designated for each cereal.
4. The prices fixed in this Regulation may be changed in the light of
developments in production and the markets in accordance with theprocedure laid down in Article 37(2) of the Treaty. In particular adecision upon a final reduction in the intervention price to be applied
from 2002/2003 onwards will be taken in the light of market
developments.
Article 4
1. The intervention agencies designated by the Member States shall
buy in common wheat, durum wheat, rye, barley, maize and sorghumwhich are offered to them and have been harvested in the Community,
provided that the offers comply with conditions laid down, in particular
in respect of quality and quantity.
2. Buying-in may take place only in the following periods:
— from 1 August to 30 April in the case of Italy, Spain, Greece and
Portugal,
— from 1 December to 30 June in the case of Sweden.
In the event of the intervention period in Sweden leading to the
diversion of the products referred to in paragraph 1 from otherMember States into intervention in Sweden, the Commission shalladopt detailed rules to rectify the position in accordance with Article
23,
— from 1 November to 31 May in the case of the other Member States.
3. Buying-in shall be carried out on the basis of the intervention
price, if necessary after a price increase or reduction for quality reasons.
Article 5
Detailed rules for the application of Articles 3 and 4 shall be adopted in
accordance with the procedure laid down in Article 23, in particular as
regards:
— the determination of the intervention centres,1992R1766 — EN — 14.07.2000 — 009.001 — 5
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— the minimum conditions, in particular with respect to quality and
quantity required of each cereal for it to be eligible for intervention,
— the scales of price increase and reduction applicable to intervention,— the procedures and conditions for taking over by the intervention
agencies,
— the procedures and conditions for disposal by the intervention
agencies.
Article 6
1. Where the market situation so dictates, special intervention
measures may be decided on.
Such intervention measures may in particular be taken if, in one or more
regions of the Community market prices fall, or threaten to fall, inrelation to the intervention price.
2. The nature and application of the special intervention measures
and the conditions and procedures for the sale or for any other means ofdisposal of the products subject to those measures shall be determined inaccordance with the procedure laid down in Article 23.
Article 7
1. A production refund may be granted for starch obtained from
maize, wheat or potatoes and for certain derivatives used in the
manufacture of certain goods.
In the absence of a significant domestic production of other cereals for
the production of starch, a production refund may be granted for starchobtained in Finland and Sweden from barley and oats, insofar as it doesnot entail an increase in the level of starch production from these two
cereals, above:
— 50 000 tonnes in Finland,
— 10 000 tonnes in Sweden.
A list of the goods referred to in the first subparagraph shall be drawn up
in accordance with the procedure laid down in paragraph 3.
2. The refund referred to in paragraph 1 shall be fixed periodically.3. The Commission shall adopt detailed rules for the application of
this Article and shall fix the amount of the said refund in accordancewith the procedure laid down in Article 23.
Article 8
1. A minimum price for potatoes intended for the manufacture of
potato starch shall be set at:
— EUR 194,05/t for the 2000/2001 marketing year;
— EUR 178, 31/t from the 2001/2002 marketing year onwards.
This price applies to the quantity of potatoes, delivered to the factory,
which is needed for making one tonne of starch.
A decision upon afurther reduction in the minimum price to be a pplied
from the 2002/2003 marketing year onwards will be taken in the light ofthe final reduction in the intervention price for cereals.
2. A system of payments shall be established for producers of
potatoes intended for the manufacture of potato starch. The amount of
the payment applies to the quantity of potatoes needed for making onetonne of starch. It shall be set at:
— EUR 98,74/t for the 2000/2001 marketing year,1992R1766 — EN — 14.07.2000 — 009.001 — 6
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— EUR 110,54/t from the 2001/2002 marketing year onwards.
The amount of EUR 110,54/t may be increased from the 2002/2003
marketing year onwards in the light of the final reduction in theintervention price for cereals.
The payment shall be paid only in respect of the quantity of potatoes
covered by a cultivation contract between the potato producer and the
starch manufacturer within the limit of the quota allocated to suchundertaking, as referred to in Article 2(2) of Council Regulation (EC)No 1868/94 of 27 July 1994 establishing a quota system in relation tothe production of potato starch(
1).
3. The minimum price and the payment shall be adjusted according to
the starch content of the potatoes.
4. If the situation on the potato starch market makes it necessary, the
Council shall adopt the appropriate measures in accordance with the
procedure laid down in Article 37(2) of the Treaty.
5. The Commission shall adopt the detailed rules for applying this
Article following the procedure laid down in Article 23.
TITLE II
Article 9
1 Imports into the Community, or exports therefrom, of any of the
products listed in Article 1 shall be subject to presentation of an importor export licence.
Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community and without
prejudice to measures taken for the application of Articles 12 and 13.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeing that the products are imported or exported during the termof validity of the licence; except in cases of forcemajeure , the security
shall be forfeited in whole or in part if import or export is not carriedout, or is only carried out partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with the
procedure laid down in Article 23.
Article 10
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
2. Notwithstanding paragraph 1, the import duty on products covered
by CN codes ex 1001 other than merlin, 1002, 1003, ex 1005 other thanhybrid seed, and ex 1007 other than hybrid for sowing, shall be equal tothe intervention price valid for such products on importation andincreased by 55 %, minus the cif, import price applicable to the
consignment in question. However, that duty may not exceed the rate of
duty in the Common Customs Tariff.
3. For the purposes of calculating the import charge referred to in
paragraph 2:
(a) for products listed in paragraph 2 expressed in one standard quality
or, as appropriate, subdivided into several (common wheat: high,medium, low; durum wheat; maize; other fodder grains) representa-tive cif import prices shall be recorded on the basis of the prices for
those qualities on the world market.
Such representative cif import prices shall be established regularly;1992R1766 — EN — 14.07.2000 — 009.001 — 7
(1) OJ L 197, 30.7.1994, p. 4. Regulation as last amended by Regulation (EC)
No 1284/98 (OJ L 178, 23.6.1998, p. 3).▼M3
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(b) each consignment for import shall be classified according to the
nearest quality among the standard qualities referred to in (a).
4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 23.
The detailed rules shall in particular specify:
— the standard qualities to be used,
— the price quotations to be taken into consideration,
— the method of calculating the import charge for each consignment
classified according to one of the standard qualities referred to inparagraph 3 (a),
— the possibility, where appropriate in specific cases, of giving
operators the opportunity of knowing the charge applicable beforethe arrival of the consignments concerned.
Article 11
1. Without prejudice to Article 10 (2), in order to prevent or
counteract adverse effects on the market in the Community which mayresult from imports of certain products listed in Article 1, imports of oneor more of such products at the rate of duty laid down in Article 10 shall
be subject to payment of an additional import duty if the conditions set
out in Article 5 of the Agreement on Agriculture concluded inaccordance with Article 228 of the Treaty in the framework of theUruguay Round of multilateral trade negotiations have been fulfilledunless the imports are unlikely to disturb the Community market, orwhere the effects would be disproportionate to the intended objective.
2. The trigger prices below which an additional import duty may be
imposed shall be those forwarded to the World Trade Organization by
the Community.
The trigger quantities which must be exceeded in order for an additional
import duty to be imposed shall be determined, interalia , on the basis of
imports into the Community in the three years preceding that in whichthe adverse effects referred to in paragraph 1 arise or seem likely toarise.
3. The import prices to be taken into consideration when imposing an
additional import duty shall be determined on the basis of the cif import
prices of the consignment concerned.
Cif import prices shall be checked to that end against the representative
prices for the product on the world market or on the Community import
market for that product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 23.Such detailed rules shall specify in particular:
(a) the products to which additional import duties may be applied
pursuant to Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary for application of paragraph 1 in
accordance with Article 5 of the said Agreement.
Article 12
1. Tariff quotas for the products listed in Article 1 resulting from
agreements concluded in accordance with Article 300 of the Treaty orfrom any other act of the Council pursuant to the Treaty shall be opened
and administered in accordance with detailed rules adopted under the
procedure laid down in Article 23.
2. Quotas may be administered using one of the following methods or
by acombina tion thereof:
— method based on the order in which applications are submitted (on a
‘first come, first served’ basis),1992R1766 — EN — 14.07.2000 — 009.001 — 8
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— method allocating quotas in proportion to the quantities requested
when applications are submitted (using the ‘simultaneous examina-tion’ method),
— method based on traditional trade flows (using the ‘traditional/new
arrivals’ method).
Other appropriate methods may be adopted.
They must avoid any discrimination between the operators concerned.
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements of the Community market
and the need to safeguard the equilibrium of that market, whilst at the
same time possibly drawing on methods which may have been applied inthe past to quotas corresponding to those referred to in paragraph 1,without prejudice to the rights resulting from agreements concluded inthe framework of the Uruguay Round negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for the
opening of annual quotas, if necessary suitably phased over the year,determine the method of administration to be applied and include, whereappropriate, provision for:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in (a); and
(c) the conditions under which import licences are issued and their term
of validity.
In the case of the quota for import into Spain of 2 000 000 tonnes of
maize and 300 000 tonnes of sorghum and the quota for import intoPortugal of 500 000 tonnes of maize, those detailed rules shall alsoinclude the provisions necessary for carrying out the quota imports and,where appropriate, the public storage of the quantities imported by theintervention agencies of the Member States concerned and their disposal
on the markets of those Member States.
Article 13
1. To the extent necessary to enable the products listed in Article 1 to
be exported without further processing or in the form of goods listed in
Annex B on the basis of quotations or prices for those products on theworld market and within the limits resulting from agreements concludedin accordance with Article 228 of the Treaty, the difference betweenthose quotations or prices and prices in the Community may be coveredby export refunds.
Export refunds on the products listed in Article 1 in the form of goods
listed in Annex B may not be higher than those applicable to suchproducts exported without further processing.
2. The method adopted for allocating quantities eligible for export
refund shall be that:
(a) best suited to the nature of the product and to the situation on the
market concerned, and that will allow the available resources to be
used as efficiently as possible, account being taken of the efficiencyand structure of Community exports without, however, creatingdiscrimination between large and small operators;
(b) which is least cumbersome administratively for operators, account
being taken of administration requirements;
(c) which avoids any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community. They may
vary according to destination, where the situation on the world market or
the specific requirements of certain markets so necessitate.
Refunds shall be fixed in accordance with the procedure laid down in
Article 23.1992R1766 — EN — 14.07.2000 — 009.001 — 9
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Refunds may be fixed:
(a) at regular intervals;
(b) by invitation to tender for products in respect of which provision
was made for that procedure in the past.
Refunds fixed at regular intervals may, where necessary, be adjusted in
the intervening period by the Commission at the request of a MemberState or on its own initiative.
4. Refunds on products listed in Article 1 and exported without
further processing shall only be granted on application and onpresentation of the relevant export licence.
5. The refund applicable to exports of products listed in Article 1
exported without further processing shall be that applicable on the dayof application for the licence and, in the case of a differentiated refund,
that applicable on the same day:
(a) for the destination indicated on the licence or, where appropriate;
(b) for the real destination, if it is not the same as that indicated on the
licence. In that case, the amount applicable shall not exceed theamount applicable for the destination on the licence.
Appropriate measures may be adopted to prevent the flexibility of this
paragraph from being misused.
6. Paragraphs 4 and 5 may be made to apply to products listed in
Article 1 and exported in the form of goods listed in Annex B inaccordance with the procedure laid down in Article 16 of Regulation(EC) No 3448/93.
7. Paragraphs 4 and 5 may be waived in the case of products listed in
Article 1 on which refunds are paid under food-aid operations, inaccordance with the procedure laid down in Article 23.
8. Save as otherwise provided in accordance with the procedure laid
down in Article 23, the refund on products listed in Article 1 (1) (a) and(b) in accordance with paragraph 5 shall be adjusted in line with the
level of the monthly increases applicable to the intervention price and,
where appropriate, changes in that price.
A corrective amount may be fixed in accordance with the procedure laid
down in Article 23. However, the Commission may, where necessary,alter corrective amounts.
The first and second subparagraphs may be applied, in whole or in part,
to products listed in Article 1 (1) (c) and (d) and to products listed in
Article 1 and exported in the form of goods listed in Annex B. In that
case, the adjustment referred to in the first subparagraph shall becorrected by applying to the monthly increase a coefficient expressingthe ratio between the quantity of basic product and the quantity of thelatter contained in the processed product exported or used in the goods
exported.
For the first three months of the marketing year, the refund applicable to
exports of malt in storage at the end of the previous marketing year ormade from barley in stock at that time shall be that which would havebeen applied in respect of the certificate in question to exports during thelast month of the preceding marketing year.
9. In so far as is necessary to take account of the features of
production peculiar to certain spirituous beverages obtained fromcereals, the criteria for granting export refunds as provided for inparagraph 1 and the procedures for verification may be adapted to fit thisparticular situation.
10. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensured
on the basis of the export certificates issued for the reference periodsprovided for therein and applicable to the products concerned. Withregard to compliance with the obligations arising under the Agreementon Agriculture, the ending of a reference period shall not affect thevalidity of export licences.1992R1766 — EN — 14.07.2000 — 009.001 — 10
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11. Detailed rules for the application of this Article, including the
arrangements for redistributing unallocated and unused quantities, and inparticular those on the adaptation provided for in paragraph 9 shall be
adopted in accordance with the procedure laid down in Article 23.
Annex B shall be amended in accordance with the same procedure.However, detailed rules for the application of paragraph 6 to productsreferred to in Article 1 and exported in the form of goods referred to inthe Annex, shall be adopted in accordance with the procedure laid down
in Article 16 of Regulation (EC) No 3448/93.
Article 14
1. To the extent necessary for the proper working of the common
organization of the market in cereals, the Council, acting in accordance
with the procedure laid down in Article 43 (2) of the Treaty on aproposal from the Commission, may prohibit in whole or in part the useof inward processing arrangements:
— in respect of products listed in Article 1 which are intended for the
manufacture of products listed in Article 1 (1) (c) and (d), and
— in special cases, in respect of products listed in Article 1 which are
intended for the manufacture of goods listed in Annex B.
2. By way of derogation from paragraph 1, if the situation referred to
in paragraph 1 arises with exceptional urgency and the Communitymarket is disturbed or is liable to be disturbed by inward processingarrangements, the Commission shall, at the request of a Member State oron its own initiative, decide upon the necessary measures; the Council
and the Member States shall be notified of such measures, which shall
be valid for no more than six months and shall be immediatelyapplicable. If the Commission receives a request from a Member State,it shall take a decision thereon within a week following receipt of therequest.
3. Measures decided on by the Commission may be referred to the
Council by any Member State within a week of the day on which they
were notified. The Council, acting by a qualified majority, may confirm
amend or repeal the Commission decision. If the Council has not actedwithin three months, the Commission decision shall be deemed to havebeen repealed.
Article 15
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply tothe tariff classification of products covered by this Regulation; the tariff
nomenclature resulting from the application of this Regulation shall be
incorporated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or pursuant to a
provision thereof, the following shall be prohibited in trade with thirdcountries;
— the levying of any charge having equivalent effect to a customs duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 16
1. Where the quotations or prices on the world market for one or
more of the products listed in Article 1 reach a level which disrupts or
threatens to disrupt the availability of supply on the Community market,and where that situation is likely to continue and to deteriorate,appropriate measures may be taken. Such measures may be taken as asafeguard measure in cases of extreme emergency.
2. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 23.1992R1766 — EN — 14.07.2000 — 009.001 — 11
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Article 17
1. If, by reason of an increase in imports or exports, the Community
market in one or more of the products listed in Article 1 is affected by,or is threatened with, serious disturbance likely to jeopardize theachievement of the objectives set out in Article 39 of the Treaty,appropriate measures may be applied in trade with third countries untilsuch disturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt the general rules for application of this paragraph and shalldetermine the cases and limits within which Member States may take
protective measures.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the Commis-
sion receives a request from a Member State, it shall take a decision
thereon within three working days following receipt of the request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day on
which they were notified. The Council shall meet without delay. It may,
acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2) of
the Treaty.
TITLE III
General provisions
Article 18
Goods listed in Article 1 which are manufactured or obtained from
products to which Articles 9 (2) and 10 (1) of the Treaty do not applyshall not be admitted to free circulation within the Community.
Article 19
Save as otherwise provided in this Regulation, Articles 92 to 94 of the
Treaty shall apply to the production of, and trade in, the products listedin Article 1.
Article 20
Article 40 (4) of the Treaty and the relevant provisions for the
implementation of Article 40 shall, so far as the Guarantee Section ofthe European Agricultural Guidance and Guarantee Fund is concerned,apply to the French overseas departments in respect of the productsreferred to in Article 1.
Article 21
Member States and the Commission shall communicate to each other the
information necessary for implementing this Regulation and forcomplying with the international obligations concerning cereals. Rules
for the communication and distribution of such information shall be
adopted in accordance with the procedure laid down in Article 23.
Article 22
1. A Management Committee for Cereals (hereinafter called the
‘Committee’) shall be established, consisting of representatives of the
Member States and chaired by a representative of the Commission.
2. Within the Committee, the votes of Member States shall be
weighted in accordance with Article 148 (2) of the Treaty. TheChairman shall not vote.1992R1766 — EN — 14.07.2000 — 009.001 — 12
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Article 23
1. Where the procedure laid down in this Article is to be followed,
the Chairman shall refer the matter to the Committee, either on his owninitiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion within two days. The opinion shall be delivered bythe majority laid down in Article 148 (2) of the Treaty in the case ofdecisions which the Council is required to adopt on a proposal from the
Commission. The votes of the representatives of the Member States
within the Committee shall be weighted in the manner set out in thatArticle. The Chairman shall not vote.
3. The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in accordance with
the opinion of the Committee, they shall forthwith be communicated bythe Commission to the Council. In that event the Commission may deferapplication of the measures which it has adopted for not more than onemonth from the date of such communication.
The Council, acting by a qualified majority, may take a different
decision within one month.
Article 24
The Committee may consider any other question referred to it by its
Chairman either on his own initiative or at the request of the
representative of a Member State.
Article 25
This Regulation shall be so applied that appropriate account is taken, at
the same time, of the objectives set out in Articles 39 and 110 of theTreaty.
Article 26
1. Council Regulation No 2727/75 is hereby repealed with effect
from the 1993/94 marketing year.
References to the Regulation repealed by paragraph 1 shall be construed
as references to this Regulation.
A table is provided in Annex C for the purposes of correlating citations
of and references to the Articles of that Regulation with those of thisRegulation.
2. The following Regulations are hereby repealed:
— with effect from the 1992/93 marketing year:
— Regulations (EEC) No 729/89 and (EEC) No 1346/90,
— with effect from the beginning of the 1993/94 marketing year:
— Regulations (EEC) No 2743/75, (EEC) No 2744/75, (EEC) No
2745/75, (EEC) No 2746/75, (EEC) No 2747/75 with regard tocereals, (EEC) No 2748/75, (EEC) No 1145/76, (EEC) No 3103/76, (EEC) No 1188/81, (EEC) No 1008/86, (EEC) No 1009/86
with regard to cereals, (EEC) No 1581/86, (EEC) No 1582/86,
(EEC) No 2226/88 and (EEC) No 1835/89.
3. To facilitate the transition from the current arrangement as regards
the common organization of the market in cereals to the arrangements
resulting from this Regulation, or to facilitate the transition from onemarketing year to the next during the 1993/94, 1994/95 and 1995/96marketing years, the Commission, acting in accordance with theprocedure laid down in Article 23 may adopt any transitional measuresdeemed appropriate.1992R1766 — EN — 14.07.2000 — 009.001 — 13
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Article 27
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply as from the 1993/94 marketing year with the exception of
the provisions of Article 26 (2), first indent and (3) which shall apply as
from 1 July 1992.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1992R1766 — EN — 14.07.2000 — 009.001 — 14
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ANNEX A
(Article 1, (d))
CN code Description
0714 Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots
and tubers with high starch or inulin content, fresh or dried, whether or not sliced or
in the form of pellets; sago pith:
ex 1102 Cereal flours other than of wheat or meslin:
1102 20 — Maize (corn) flour
1102 90 — Other:
1102 90 10 — — Barley flour1102 90 30 — — Oat flour1102 90 90 — — Other
ex 1103 Cereal groats, meal and pellets with the exception of groats and meal of wheat
(subheading 1103 11), groats and meal of rice (subheading 1103 14 00) and pellets
of rice (subheading 1103 29 50)
ex 1104 Cereal grains otherwise worked (for example, hulled, rolled, flaked pearled, sliced
or kibbled), except riche of heading No 1006 and flaked rice of subheading
1104 19 91; germ of cereals, whole, rolled, flaked or ground
1106 20 Flour and meal of sago, roots or tubers of heading No 0714
ex 1108 Starches; inulin:
— Starches:
1108 11 00 — — Wheat starch1108 12 00 — — Maize (corn) starch1108 13 00 — — Potato starch1108 14 00 — — Manioc (cassava) starch
ex 1108 19 — — Other starches:
1108 19 90 — — — Other
1109 00 00 Wheat gluten, whether or not dried1702 Other sugars, including chemically pure lactose, maltose, glucose and fructose, in
solid form; sugar syrups not containing added flavouring or colouring matter;
artificial honey, whether or not mixed with natural honey; caramel:
ex 1702 30 — Glucose and glucose syrup, not containing fructose or containing in the dry state
less than 20 % by weight of fructose:
— — Other:
— — — Other:
1702 30 91 — ———I nt h e form of white crystalline powder, whether or not agglomerated
1702 30 99 ———— Other
ex 1702 40 — Glucose and glucose syrup containing, in the dry state, at least 20 % but less
than 50 % by weight of fructose, but excluding isoglucose of subheading
1702 40 10
ex 1702 90 — Other, including invert sugar:
1702 90 50 — — Maltodextrine and maltodextrine syrup:
— — Caramel:— — — Other:
1702 90 75 ————I n powder form whether or not agglomerated
1702 90 79 ———— Other
2106 Food preparations not elsewhere specified or included:
ex 2106 90 — Other:
— — Flavoured or coloured syrups:— — — Other:
2106 90 55 ———— Glucose syrup and maltodextrine syrup1992R1766 — EN — 14.07.2000 — 009.001 — 15
▼B
CN code Description
ex 2302 Bran, sharps and other residues, whether or not in the form of pellets, derived from
the sifting, milling or other working of cereals
ex 2303 Residues of starch manufacture and similar residues, beetpulp, bagasse and other
waste of sugar manufacture, brewing of distilling dregs and waste, whether or not
inthe form of pellets:
2303 10 — Residues of starch manufacture and similar residues
2303 30 00 — Brewing or distilling dregs and waste
2306 Oil-cake and other solid residues, whether or not ground or in the form of pellets,
resulting form the extraction of vegetables fats or oils, other than those of headings
2304 and 2305:
2306 90 — Other:
— — Other:
2306 90 91 ———O f germ of maize
2308 Vegetable materials and vegetable waste, vegetable residues and by-products,
whether or not in the form of pellets, of a kind used in animal feeding, not
elsewhere specified or included:
2308 10 00 — Acorns and horse-chestnuts
ex 2308 90 — Other:
2308 90 30 — — Pomace or marc of fruits, other than grapes
2309 Preparations of a kind used in animal feeding:
ex 2309 10 — Dog or cat food, put up for retail sale:
2309 10 11
2309 10 13
2309 10 31
2309 10 33
2309 10 51
2309 10 53— — Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine
syrup falling within subheadings 1702 30 51to 1702 30 99, 1702 40 90, 1702 90 50
and 2106 90 55 or milkproducts (1)except preparations and feedingstuffs containing
50 % or more by weight of milk products
ex 2309 90 — Other:
2309 90 31
2309 90 33
2309 90 41
2309 90 43
2309 90 51
2309 90 53— — Other, containing starch, glucose, glucose syrup, maltodextrine or
maltodextrine syrup falling within subheadings 1702 30 51 to 1702 30 99,
1702 40 90, 1702 90 50 and 2106 90 55 or milkproducts (1) except preparations
and feeding-stuffs containing 50 % or more by weight of milk products
(1) For the purposes of this subheading ‘milk products’ means products falling within heading Nos 0401 to 0406 as
well as subheadings 1702 10 and 2106 90 51.1992R1766 — EN — 14.07.2000 — 009.001 — 16
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▼M9
ANNEX B
CN code Description
ex 0403 Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or
acidified milk and cream, containing added fruit, nuts or cocoa, whether or not
concentrated or containing added or other sweetening matter:
0403 10 – Yoghurt:
0403 10 51
to 0403 10 99– – Flavoured or containing added fruit, nuts or cocoa
0403 90 – Other:
0403 90 71
to 0403 90 99– – Flavoured or containing added fruit, nuts or cocoa
ex 0710 Vegetables (uncooked or cooked by steaming or boiling in water), frozen:
0710 40 00 – Sweet corn
ex 0711 Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine,
in sulphur water or in other preservative solutions), but unsuitable in that state for
immediate consumption:
0711 90 30 – Sweet corn
ex 1704 Sugar confectionery (including white chocolate), not containing cocoa, except
liquorice extract of subheading 1704 90 10
1806 Chocolate and other food preparations containing cocoa
ex 1901 Malt extract; food preparations of flour, meal, starch or malt extract, not containing
cocoa or containing less than 40 % by weight of cocoa calculated on a totally
defatted basis, not elsewhere specified or included; food preparations of goods of
headings Nos 0401 to 0404, not containing cocoa or containing less than 5 % by
weight of cocoa calculated on a totally defatted basis, not elsewhere specified or
included:
1901 10 00 – Preparations for infant use, put up for retail sale
1901 20 00 – Mixes and doughs for the preparation of bakers' wares of heading No 1905
1901 90 – Other:1901 90 11
to 1901 90 19– – Malt extract
– – Other:
1901 90 99 – – – Other
ex 1902 Pasta, whether or not cooked or stuffed (with meat or other substances) or
otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli,
cannelloni; couscous, whether or not prepared:
– Uncooked pasta, not stuffed or otherwise prepared:
1902 11 00 – – Containing eggs
1902 19 – – Other
ex 1902 20 – Stuffed pasta (whether or not cooked or otherwise prepared):
– – Other:
1902 20 91 – – – Cooked
1902 20 99 – – – Other
1902 30 – Other pasta1902 40 – Couscous
1903 00 00 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains,
pearls, sittings or similar forms
1904 Prepared foods obtained by the swelling or roasting of cereals or cereal products
(for example, corn flakes); cereals (other than maize(corn)) in grain form, pre-
cooked or otherwise prepared
ex 1905 Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing
cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use,
sealing wafers, rice paper and similar products
ex 2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by
vinegar or acetic acid:
– Other:1992R1766 — EN — 14.07.2000 — 009.001 — 17
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CN code Description
2001 90 30 – – Sweet corn (Zea mays var.saccharata)
2001 90 40 – – Yams, sweet potatoes and similar edible parts of plants containing 5 % or more
by weight of starch
ex 2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid,
frozen, other than products of heading No 2006:
– Potatoes:– – Other:
2004 10 91 –––I nt h e form of flour, meal or flakes
– Other vegetables and mixtures of vegetables:
2004 90 10 – – Sweet corn (Zea mays var.saccharata)
ex 2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid,
not frozen, other than products of heading No 2006:
– Potatoes:
2005 20 10 – – In the form of flour, meal or flakes2005 80 00 – Sweet corn (Zea mays var.saccharata)
ex 2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved,
whether or not containing added sugar or other sweetening matter or spirit, not
elsewhere specified or included:
– Nuts, ground-nuts and other seeds, whether or not mixed together:– – Other:– – – Not containing added spirit:––––N o t containing added sugar:
2008 99 85 –––––M ai z e (corn), other than sweet corn (Zea mays var.saccharata)
2008 99 91 – ––––Y am s , sweet potatoes and similar edible parts of plants, containing 5 % or
more by weight of starch
ex 2101 Extracts, essences and concentrates of coffee, tea or maté and preparations with a
basis of these products or with a basis of coffee, tea or maté; roasted chicory and
other roasted coffee substitutes, and extracts, essences and concentrates thereof:
– – Preparations with a basis of these extracts, essences or concentrates or with a
basis of coffee:
2101 12 98 – – – Other
2101 20 – Extracts, essences and concentrates, of tea or maté, and preparations with a basis
of these extracts, essences or concentrates, or with a basis of tea or maté:
2101 20 98 – – – Other
2101 30 – Roasted chicory and other roasted coffee substitutes, and extracts, essences and
concentrates thereof:
– – Roasted chicory and other roasted coffee substitutes:
2101 30 19 – – – Other
– – Extracts, essences and concentrates of roasted chicory and other roasted coffee
substitutes:
2101 30 99 – – – Other
ex 2102 Yeasts (active or inactive); other single-cell micro-organisms, dead (but not
including vaccines of heading No 3002); prepared baking powders:
– Active yeasts
2102 10 31
and 2102 10 39– – Bakers' yeast
2105 00 Ice cream and other edible ice, whether or not containing cocoa
ex 2106 Food preparations not elsewhere specified or included:
– Other:
2106 90 10 – – Cheese fondues
– – Other:
2106 90 92 – – – Containing no milk fats, sucrose, isoglucose, glucose or starch or containing,
by weight, less than 1,5 % milk fat, 5 % sucrose or isoglucose, 5 % glucose or
starch1992R1766 — EN — 14.07.2000 — 009.001 — 18
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CN code Description
2106 90 98 – – – Other
2202 Waters, including mineral waters and aerated water, containing added sugar or
other sweetening matter or flavoured, and other non-alcoholic beverages, not
including fruit or vegetable juices of heading No 2009
2205 Vermouth and other wine or fresh grapes flavoured with plants or aromatic
substances
ex 2208 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 %
vol; spirits, liqueurs and other spirituous beverages:
– Whiskies:
2208 30 32
to 2208 30 88– – Other than Bourbon whiskey
2208 50 – Gin and Geneva
2208 60 – Vodka
2208 70 – Liqueurs and cordials
– Other:
– – Other spirits and other spirituous beverages, in containers holding:
–––2 litres or less:
2208 90 41 –––– Ouzo
–––– Other:
––––– Spirits (excluding liqueurs):
–––––– Other:
2208 90 52 ––––––– Korn
2208 90 57 –––––– Other
2208 90 69 ––––– Other spirituous beverages
– – – More than 2 litres:
–––– Spirits (excluding liqueurs):
2208 90 74 ––––– Other
2208 90 78 –––– Other spirituous beverages
2905 43 00 Mannitol
2905 44 D-glucitol (sorbitol)
ex 3302 Mixtures of odoriferous substances and mixtures (including alcoholic solutions)
with a basis of one or more of these substances, of a kind used as raw materials in
industry; other preparations based on odoriferous substances, of a kind used for the
manufacture of beverages:
– Of akind used in the food or drink industries:
– – Of akind used in the drink industries:
– – – Preparations containing all flavouring agents characterising a beverage:
–––– Other (of an actual alcoholic strength by volume not exceeding 0,5 %):
3302 10 29 ––––– Other
ex Chapter 35 Albuminoidal substances; modified starches, glues; enzymes:
3505 Dextrins and other modified starches (for example, pregelatinised or esterified
starchs); glues based on starches, or on dextrins or other modified starches
ex 3809 Finishing agents, dye carriers to accelerate dyeing or fixing of dyestuffs and other
products and preparations (for example, dressings and mordants), of a kind used in
the textile, paper, leather or like industries, not elsewhere specified or included:
3809 10 – With a basis of amylaceous substances
3824 60 Sorbitol other than that of subheading 2905 441992R1766 — EN — 14.07.2000 — 009.001 — 19
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ANNEX C
Correlation table
Regulation No 2727/75 This Regulation
Article 1 Article 1
Article 2 Article 2
Article 3 Article 3
Article 4 Article —Article 4(b) Article —
Article 5 Article 5
Article 6 Article 3
Article 7 Article 4
Article 8 Article 6
Article 9 Article 26
Article 10 Article —
Article 10(a) Article —
Article 10(b) Article —
Article 11(a) Article —
Article 11(b) Article —
Article 12 Article 9
Article 13 Article 10
Article 14 Article 11
Article 15 Article 12
Article 16 Article 13
Article 17 Article 14
Article 18 Article 15
Article 19 Article 16Article 20 Article 17
Article 21 Article 18
Article 22 Article 19
Article 23 Article —
Article 23(a) Article 20
Article 24 Article 21
Article 25 Article 22
Article 26 Article 23
Article 27 Article 24
Article 28 Article —
Article 29 Article 25
Article 30 Article 26
ANNEX A ANNEX A
ANNEX B ANNEX B
ANNEX C ANNEX C1992R1766 — EN — 14.07.2000 — 009.001 — 20