Commission Regulation (EC) No 1011/98 of 14 May 1998 amending Regulation (EEC) No 1722/93 laying down detailed rules for the application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76 concerning production refunds in the cereals and rice sectors respectively
Date: 1998-05-14
Institutions: European Commission
Subjects: cereals, production refund, rice

15. 5. 98

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EN

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Official Journal of the European Communities

L 145/11

COMMISSION REGULATION (EC) No 1011/98

of 14 May 1998

amending Regulation (EEC) No 1722/93 laying down detailed rules for the
application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76
concerning production refunds in the cereals and rice sectors respectively

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), as last amended by Commission
Regulation (EEC) No 923/96 (2) and in particular Article
7(3) thereof,

Having regard to Council Regulation (EC) No 3072/95 of
22 December 1995 on the common organisation of the
market in rice (3), as amended by Regulation (EC) No
192/98 (4), and in particular Article 7 thereof,

respectively (5),

and rice sectors

Whereas Regulation (EEC) No 1722/93 of the Commis-
sion of 30 June 1993 laying down detailed rules for the
application of Council Regulations (EEC) No 1766/92
and (EEC) No 1418/76 concerning production refunds in
the cereals
last
amended by Commission Regulation (EC) No 1516/95 (6),
envisages, for the calculating method of the production
refund, a differentiation between starches containing
maize, wheat, potatoes and rice on the one hand and
starches containing barley and oats on the other; whereas
experience has shown that the fixing of a specific amount
for the product containing barley and oats is no longer
necessary and that the single amount of the refund can
hence apply to any starch without risk of
inadequate
compensation;

as

Whereas individual measures should be anticipated at the
time of the change of the marketing year, concerning the
term of validity of the refund certificates and the adjust-
ment of the amount of the single refund;

Whereas, for the release of the individual guarantee in
particular for esterified and etherified starches, it is ad-
visable to specify the primary requirement to be fulfilled;
whereas
to these
certain
products
measures aiming at the effectiveness of controls and the
sanctions in the event of non-observance of the transfor-
mation or use of conditions;

special provisions

supplemented by

should be

applicable

the
still

tical data covering at the same time the quantities of
starch having benefited from the production refund and
the products
it
appeared that this rhythm of information is too frequent
and that it is advisable to replace it by a quarterly noti-
fication;

for which starch was used; whereas

Whereas the Management Committee for Cereals has not
delivered its opinion within the time limit fixed by its
Chairman,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1722/93 is amended as follows:

1. Article 3 is replaced by the following text:

‘Article 3

1.
In cases where a refund is granted, it shall be
fixed once a month. However, if the prices of maize
and/or wheat
in the Community or on the world
market change in a significant way, the refund calcu-
lated in accordance with paragraph 2 can be modified
during this month to take account of these changes.

2.
The refund per tonne of starch of maize, wheat,
barley, oats, potatoes, rice or broken rice is calculated
in particular on the basis of the difference between:

(i) the maize market price in the Community, valid
during the five days preceeding the day of fixing,
taking into account the price levels noted for the
wheat; and

(ii) the

the

average of

representative

import
Rotterdam prices used for the determination of the
import duties of the maize, noted during the five
days preceding the day of the beginning of applica-
tion,

cif

Whereas the regulation stipulates currently that Member
States notify each month to the Commission the statis-

multiplied by a coefficient of 1,60.

(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 329, 30. 12. 1995, p. 18.
(4) OJ L 20, 27. 1. 1998, p. 16.
(5) OJ L 159, 1. 7. 1993, p. 112.
(6) OJ L 147, 30. 6. 1995, p. 49.

3.
The refund payable shall be that calculated in
accordance with paragraph 2 and multiplied by the
coefficient indicated to Annex II which corresponds to
the CN code of the starch actually used for the manu-
facture of the approved products.

L 145/12

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Official Journal of the European Communities

15. 5. 98

4.
The decisions provided for in this article shall be
adopted by the Commission in accordance with the
procedure laid down in Article 23 of Regulation (EEC)
No 1766/92.’

2. In Article 6, paragraphs 3 and 4 are replaced by the

following text:

‘3.
The refund certificate shall include the informa-
tion referred to in Article 5(2) as well as the rate of the
refund payable and the final day of validity of the
certificate which shall be the last day of
the fifth
month following the month of issue.

the validity of

However, during July, August
and until 24 of
the certificates
September included,
requested during the periods in question is limited to
30 days as from the day on which they are issued,
without being able
limit of 30
September.

to exceed the

4.
The rate of the refund applicable and stated on
the certificate corresponds to that valid the day of the
receipt of the request.

However, where any of the quantities of starch quoted
on the certificate is processed during the cereals
marketing year following that in which the application
was received, the refund payable for that starch which
is processed in the new marketing year shall be
adjusted according to the difference between the inter-
vention price applicable during the month of delivery
of the restitution certificate, and that applicable in the
month of processing, multiplied by a coefficient of
1,60. The conversion rate to be used to express the
amount of the refund in national currency shall be that
valid on the day on which the starch was processed.’

3. In Article 9, paragraph 2 is supplemented by the fol-

lowing subparagraph:

‘The primary requirement, within the meaning of
Article 20 of Regulation (EEC) No 2220/85, constitutes
the use or the export of the product in accordance with
the respective provisions of subparagraphs (a) and (b) of
paragraph 1 of Article 10 of this Regulation. The use
or the export is to be effected within 12 months fol-
lowing the deadline of validity of the certificate. An
extension of maximum six months of this deadline
may be considered on the basis of a duly justified
request presented to the competent authority.’

4. Article 10(4) is supplemented by following subpara-

graph:

‘However, the buyers who, each quarter, use a quantity
of the products within this CN code which is less than
1 000 kg, can be exempted from this obligation.’

5. Article 12 is replaced by the following text:

‘Within three months from the end of each quarter of
the calendar year, Member States shall notify the
Commission of the type, quantities and origin of the
starch (maize, wheat, potatoes, barley, oats or rice) for
which refunds have been paid and the type and quan-
tities of products for which the starch has been used.’

6. Footnote 4, mentioned in Annex II, is replaced by the

following text:

‘Directly produced from maize, wheat, barley, oats, rice
or potatoes, with the exclusion of all use of by-products
obtained at the time of the manufacture of other agri-
cultural products or merchandise.’

Article 2

This Regulation enters into force on the third day fol-
lowing its publication in the Official Journal of the
European Communities.

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

Done at Brussels, 14 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission