Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals
Date: 2003-09-29
Institutions: Council of the European Union
Subjects: cereals, common organisation of markets, market intervention, trading operation

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COUNCIL REGULATION (EC) No 1784/2003

of 29 September 2003

on the common organisation of the market in cereals

THE COUNCIL OF THE EUROPEAN UNION,

appropriate to halve the monthly increment in order to
improve market fluidity.

Having regard to the Treaty establishing the European
Community, and in particular Articles 36 and the third
subparagraph of 37(2) thereof,

Having regard to the proposal from the Commission

Having regard to the opinion of the European Parliament (1),

(5)

The introduction of a single intervention price for
cereals has led to the accumulation of large intervention
stocks of rye as a result of the lack of sufficient disposal
outlets on internal and external markets. Rye should
therefore be excluded from the intervention system.

Having regard to the opinion of the European Economic and
Social Committee (2),

(6)

Having regard to the opinion of
Regions (3),

the Committee of

the

Whereas:

(1)

(2)

(3)

(4)

The operation and development of the common market
for agricultural products should be accompanied by the
establishment of a common agricultural policy to
include,
common organisation of
agricultural markets which may take various forms
depending on the product.

in particular,

a

The common agricultural policy pursues the objectives
set out in the Treaty. In order to stabilise the markets
and ensure a fair standard of living for the agricultural
is necessary to
community in the cereals sector,
in
provide for internal market measures comprising,
particular, an intervention system and a common
import and export system.

it

Council Regulation (EEC) No 1766/92 of 30 June 1992
on the common organisation of the market in cereals (4)
has been substantially amended several
In
times.
consequence of
should be
it
further
repealed and replaced in the interests of clarity.

amendments

Regulation (EEC) No 1766/92 provides that a decision
upon a final reduction in the intervention price for
cereals to be applied as from the 2002/2003 marketing
year onwards is to be taken in the light of market
developments. It is important that prices on the internal
It is therefore
market rely less on guaranteed prices.

(1) Opinion delivered on 5 June 2003 (not yet published in the Official

Journal).

(2) OJ C 208, 3.9.2003, p. 39.
(3) Opinion delivered on 2 July 2003 (not yet published in the Official

Journal).

(4) 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).

(7)

(8)

(9)

(10)

circumstances.

The intervention agencies should be able,
in special
circumstances, to take intervention measures suited to
required
In order
those
uniformity of intervention systems may be maintained,
those special circumstances should be assessed and the
appropriate measures determined at Community level.

that

the

In view of the special market situation for cereal and
potato starch it may prove necessary to provide for
production refund of such a nature that
the basic
products used by this industry can be made available to
it at lower price than that resulting from the application
of the common prices

frontiers of

the Community. This

The creation of a single Community market for cereals
the
involves the introduction of a trading system at
external
trading
system complementing the intervention system and
including import duties and export refunds should, in
principle, stabilise the Community market. The trading
system should be based on the undertakings accepted
under
trade
the Uruguay Round of multilateral
negotiations. The export refund system is to be applied
to processed products containing cereals to enable them
to participate in the world market.

In order to monitor the volume of trade in cereals with
third countries, provision should be made for an import
and export
licence scheme with the lodging of a
security to ensure that the transactions for which such
licences are requested are effected.

products

the customs duties applicable to
For the most part,
agricultural
Trade
under
Organisation (WTO) agreements are laid down in the
common customs tariff. However, for some cereals, the
it
introduction of
necessary to adopt derogations.

additional mechanisms makes

the World

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(11)

(12)

(13)

(14)

(15)

In order to prevent or counteract adverse effects on the
Community market which could result from imports of
imports of one or more
certain agricultural products,
such products should be subject
to payment of an
additional import duty, if certain conditions are fulfilled.

It is appropriate, under certain conditions, to confer on
the Commission the power to open and administer
tariff quotas resulting from international agreements
concluded in accordance with the Treaty or from other
acts of the Council.

Provisions for granting a refund on exports to third
countries, based on the difference between prices within
the Community and on the world market, and falling
within the limits
set by the WTO Agreement on
agriculture (1), should serve to safeguard Community
participation in international
trade in cereals. Such
export refunds should be subject to limits in terms of
quantity and value.

Compliance with the limits in terms of value should be
ensured at the time when the export refunds are fixed
through the monitoring of payments under the rules
relating to the European Agricultural Guidance and
Guarantee Fund. Monitoring can be facilitated by the
compulsory advance fixing of export refunds, while
allowing the possibility,
in the case of differentiated
refunds, of changing the specified destination within a
geographical area to which a single export refund rate
the
applies.
export refund applicable to the actual destination should
be paid, with a ceiling of the amount applicable to the
destination fixed in advance.

In the case of a change of destination,

Ensuring compliance with the quantity limits requires
the introduction of a reliable and effective system of
monitoring. To that end, the granting of export refunds
should be made subject to an export licence. Export
refunds should be granted up to the limits available,
depending on the particular situation of each product
concerned. Exceptions to that
rule should only be
permitted in the case of processed products not listed in
Annex I to the Treaty, to which volume limits do not
apply, and in the case of food-aid operations which are
exempt from any limitation. Provision should be made
for derogating from strict compliance with management
rules where exports benefiting from export refunds are
not likely to exceed the quantity ceilings laid down.

(16)

To the
its proper working,
provision should be made for regulating or, when the

extent necessary for

situation on the market so requires, prohibiting the use
of inward and outward processing arrangements.

The customs duty system makes it possible to dispense
with all other protective measures at
the external
frontiers of the Community. The internal market and
duty mechanism could,
in exceptional circumstances,
prove deficient. In such cases, in order not to leave the
Community market without defence against disturbances
that might ensue, the Community should be able to take
all necessary measures without delay. All such measures
should comply with the obligations arising from the
WTO agreements.

Taking into account the influence of the world market
price on the internal price, there should be provision
to
for appropriate measures
stabilise the internal market.

to be taken in order

The proper working of a single market based on
common prices would be jeopardised by the granting of
national aid. Therefore,
the Treaty
governing State aid should apply to the products
covered by this common market organisation.

the provisions of

(17)

(18)

(19)

(20) As the common market

in cereals is in continuous
development, the Member States and the Commission
should keep each other
supplied with information
relevant to these developments.

(21)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (2).

(22)

In view of the necessity to solve practical and specific
the Commission should be authorised to
problems,
adopt necessary measures in cases of emergency.

(23)

Expenditure incurred by the Member States as a result
of the obligations arising from the application of this
Regulation should be financed by the Community in
accordance with Council Regulation (EC) No 1258/1999
the common
of 17 May 1999 on the financing of
agricultural policy (3).

(24)

in cereals
The common organisation of
should take proper and simultaneous account of the
objectives set out in Articles 33 and 131 of the Treaty.

the market

(1) OJ L 336, 23.12.1994, p. 22.

(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 160, 26.6.1999, p. 103.

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(25)

The change from the arrangements in Regulation (EEC)
No 1766/92 to those provided for in this Regulation
could give rise to difficulties, which are not dealt with
in this Regulation. In order to deal with such difficulties,
the Commission should be enabled to adopt transitional
measures,

Article 3

This Regulation shall apply without prejudice to the measures
provided for by Council Regulation (EC) No 1782/2003, of 29
September 2003, establishing common rules for direct support
schemes under the common agricultural policy and support
schemes for producers of certain crops (1).

HAS ADOPTED THIS REGULATION:

CHAPTER I

INTRODUCTORY PROVISIONS

CHAPTER II

INTERNAL MARKET

Article 4

Article 1

An intervention price for cereals subject to intervention

1.
shall be fixed at EUR 101,31/t.

The common organisation of
in cereals shall
comprise a scheme for an internal market and trade with third
countries, and cover the following products:

the market

The intervention price valid for maize and grain sorghum in
May shall remain valid in July, August and September of the
same year.

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

Rye

1003 00

Barley

1004 00

Oats

1005 10 90 Maize (corn) seed other than hybrid

1005 90 00 Maize other than seed

1007 00 90 Grain sorghum, other than hybrids for sowing

1008

Buckwheat, millet and canary seed; other cereals

(b) 1001 10

Durum wheat

(c) 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 I

2.
The intervention price shall refer to the wholesale stage
for goods delivered to the warehouse, before unloading. It shall
be valid for all Community intervention centres designated for
each cereal.

The intervention price shall be subject

3.
increases in accordance with the table set out in Annex II.

to monthly

4.
The prices fixed in this Regulation may be changed in
the light of developments in production and the markets in
accordance with the procedure laid down in Article 37(2) of
the Treaty.

Article 5

The intervention agencies designated by the Member
1.
States shall buy in common wheat, durum wheat, barley,
maize and sorghum which 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
intervention periods:

take place only

in the

following

(a)

from 1 August to 30 April in the case of Greece, Spain,
Italy, and Portugal;

(b) from 1 December to 30 June in the case of Sweden;

(c)

from 1 November to 31 May in the case of the other
Member States.

Article 2

In the event of the intervention period in Sweden leading to
the diversion of the products listed in paragraph 1 from other

The marketing year for the products listed in Article 1 shall
begin on 1 July and end on 30 June of the following year.

(1) See page 1 of this Official Journal.

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Member States into intervention in Sweden, detailed rules shall
be adopted to rectify the position in accordance with the
procedure referred to in Article 25(2).

(a) 50 000 tonnes in Finland,

(b) 10 000 tonnes in Sweden.

Buying-in shall be carried out on the basis of

the
if necessary after a price increase or

3.
intervention price,
reduction for quality reasons.

Article 6

Detailed rules for the application of Articles 4 and 5 shall be
adopted in accordance with the procedure referred to in
Article 25(2), in particular as regards:

A list of the goods referred to in the first subparagraph shall
be drawn up in accordance with the procedure referred to in
Article 25(2).

The refund referred to in paragraph 1 shall be fixed

2.
periodically.

3.
The detailed rules for the application of this Article shall
be adopted and the amount of the refund fixed in accordance
with the procedure referred to in Article 25(2).

(a)

the determination of the intervention centres;

CHAPTER III

(b) the minimum conditions,

to
quality and quantity required of each cereal in order to be
eligible for intervention;

in particular with respect

TRADE WITH THIRD COUNTRIES

Article 9

(c)

the scales of price increase and reduction applicable to
intervention;

(d) the procedures

and conditions

for

taking over by

intervention agencies;

(e)

the procedures and conditions for disposal by intervention
agencies.

1.
Imports into the Community, or exports therefrom, of
any of the products listed in Article 1 shall be subject to
presentation of an import or export
licence. However, a
derogation can be foreseen for products having no significant
impact on the supply situation of the cereals market.

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 to 17.

Article 7

situation

the market

special
dictates,
1. Where
intervention measures may be
taken. Such intervention
measures may in particular be taken if, in one or more regions
in
of the Community, market prices fall, or threaten to fall,
relation to the intervention price.

so

shall be issued subject

licences shall be valid throughout

the
Import and export
to the
Community. Such licences
the products are
lodging of a security guaranteeing that
imported or exported during the term of validity of
the
licence. Except in cases of force majeure, the security shall be
forfeited in whole or in part if the import or export is not
carried out, or is carried out only partially, within that period.

The nature and application of the special

intervention
2.
measures and the conditions and procedures for the sale or for
any other means of disposal of the products subject to those
measures shall be adopted in accordance with the procedure
referred to in Article 25(2).

The term of validity of licences and other detailed rules
this Article shall be adopted in
the application of

2.
for
accordance with the procedure referred to in Article 25(2).

S e c t i o n 1

P r o v i s i o n s a p p l i c a b l e t o i m p o r t s

Article 8

Article 10

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.

1.
Unless this Regulation provides otherwise, the rates of
import duty in the Common Customs Tariff shall apply to the
products listed in Article 1.

In the absence of a significant domestic production of other
cereals for the production of starch, a production refund may
be granted for starch obtained in Finland and Sweden from
barley and oats, insofar as it does not entail an increase in the
level of starch production from these two cereals, above:

Notwithstanding paragraph 1,

import duty on
2.
products
covered by CN codes 1001 10 00, 1001 90 91,
ex 1001 90 99 (high quality common wheat), 1002, ex 1005,
other than hybrid seed, and ex 1007 other than hybrid for
sowing, shall be equal to the intervention price valid for such

the

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products on importation and increased 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.

Detailed rules for the application of this Article shall be
4.
adopted in accordance with the procedure referred to in
Article 25(2). Such detailed rules shall specify in particular the
products to which additional import duties may be applied.

3.
For the purposes of calculating the import duty referred
to in paragraph 2 representative cif import prices shall be
established on a regular basis for the products referred to in
that paragraph.

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in
Article 25(2).

The detailed rules shall in particular specify:

(a)

the minimum requirements
wheat,

for high quality common

(b) the price quotations to be taken into consideration,

(c)

the possibility, where appropriate in specific cases, of
the opportunity to know the duty
giving operators
applicable
consignments
before
concerned.

arrival

the

the

of

Article 12

Tariff quotas for imports of the products listed in Article
1.
1 resulting from agreements concluded in accordance with
Article 300 of the Treaty or from any other act of the Council
shall be opened and administered by the Commission under
detailed rules adopted in accordance with the procedure
referred to in Article 25(2).

Tariff quotas shall be administered by applying one of

2.
the following methods or a combination of them:

(a) a method based on the chronological order of

lodgement of
principle);

applications

(‘first

come,

first

the
served'

(b) a method of distribution in proportion to the quantities
requested when the applications were lodged (using the
‘simultaneous examination method');

Article 11

(c) a method based on taking traditional trade patterns into

account (using the ‘traditional/new arrival method').

1. Without prejudice to Article 10(2), in order to prevent or
counteract adverse effects on the market of the Community
which may result from imports of certain products listed in
Article 1, imports of one or more of such products at the rate
of duty laid down in Article 10 shall be subject to the payment
of an additional
to be
determined by the Commission pursuant to paragraph 4 of
this Article are fulfilled, unless the imports are unlikely to
disturb the Community market, or where the effects would be
disproportionate to the intended objective.

import duty if

conditions

the

2.
Imports made at a price below the level notified by the
Community to the World Trade Organisation (‘the trigger
price') may be subject to an additional import duty.

If the volume of imports in any year in which the adverse
effects referred to in paragraph 1 arise or are likely to arise
exceeds a level based on market access opportunities defined
as the percentage of the corresponding domestic consumption
during the three previous years (‘the trigger volume'), an
additional import duty may also be imposed.

The import prices to be taken into consideration for
3.
imposing an additional
to the first
subparagraph of paragraph 2, shall be determined on the basis
consignment under
the
of
consideration.

import duty pursuant

import prices of

the

cif

Other appropriate methods may be adopted. They must avoid
any
operators
concerned.

discrimination

unjustified

between

the

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.

The detailed rules
the annual
the year,

4.
provide for
phased over
method to be used and, where appropriate, shall include:

referred to in paragraph 1 shall
if necessary suitably
tariff quotas,
shall determine the administrative

(a) guarantees covering the nature, provenance and origin of

the product;

(b) recognition of

the document used for verifying the

guarantees referred to in point (a);

(c)

the conditions under which import licences shall be issued
and their term of validity.

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.

In the case of tariff quota for import into Spain of 2 000 000
tonnes of maize and 300 000 tonnes of sorghum and tariff
quota for import into Portugal of 500 000 tonnes of maize,
those detailed rules shall also include the provisions necessary

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the

carrying out

and, where
tariff quota
for
appropriate, the public storage of the quantities imported by
the intervention agencies of the Member States concerned and
their disposal on the markets of those Member States.

imports

S e c t i o n 2

P r o v i s i o n s a p p l i c a b l e t o e x p o r t s

Article 13

1.
To the extent necessary to enable the following products
to be exported on the basis of quotations or prices for those
products on the world market and within the limits resulting
from agreements concluded in accordance with Article 300 of
the Treaty, the difference between those quotations or prices
and the prices in the Community may be covered by export
refunds:

(a)

the products listed in Article 1 to be exported without
further processing;

(b) the products listed in Article 1 to be exported in the form

of good listed in Annex III.

Export refunds fixed at regular intervals, may, if necessary, be
amended in the interval by the Commission, at the request
either of a Member State or on its own initiative.

Article 14

Export

1.
refunds on products listed in Article 1 and
exported without further processing shall only be granted on
application and on presentation of an export licence.

The export refund applicable to products listed in Article
2.
1 exported without further processing shall be that applicable
on the day of 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 actual destination if this differs from the destination
indicated on the
the amount
applicable shall not exceed the amount applicable to the
destination indicated on the licence.

In that case,

licence.

Export refunds on the products referred to in point (b) may
not be higher than those applicable to such products exported
without further processing.

Appropriate measures may be taken to prevent any abuse of
the flexibility provided for in this paragraph.

2.
the
The method to be adopted for the allocation of
quantities which may be exported with an export refund shall
be the method which:

(a)

is most suited to the nature of
the product and the
situation on the market in question, allowing the most
efficient possible use of the resources available, account
being taken of the efficiency and structure of Community
exports without creating discrimination between large and
small operators;

(b)

is least cumbersome administratively for operators, account
being taken of administration requirements;

(c) precludes discrimination between the operators concerned.

the

same

Export

refunds

shall be

3.
the whole
Community. They may vary according to destination, where
the world market situation or the specific requirements of
certain markets make this necessary. Refunds shall be fixed in
accordance with the procedure referred to in Article 25(2).
Refunds may be fixed:

for

(a) at regular intervals;

3.
The scope of paragraphs 1 and 2 of this Article may be
extended to apply to products listed in Article 1 that are
exported in the form of goods
in
accordance with the procedure laid down in Article 16 of
Regulation (EC) No 3448/93 of 6 December 1993 laying down
the trade arrangements applicable to certain goods resulting
from the processing of agricultural products (1). Detailed
implementing rules shall be adopted in accordance with that
procedure.

listed in Annex III,

4.
Derogations from paragraphs 1 and 2 of this Article may
be granted in the case of products listed in Article 1 on which
export
in
food-aid operations,
accordance with the procedure referred to in Article 25(2).

are paid under

refunds

Article 15

1.
Unless otherwise provided in accordance with the
procedure referred to in Article 25(2), the refund on products
listed in points (a) and (b) of Article 1 in accordance with
article 14(2) shall be adjusted in line with the level of the
monthly increases applicable to the intervention price and,
where appropriate, changes in that price.

(b) by invitation to tender for products in respect of which

provision was made for that procedure in the past.

(1) OJ L 318, 20.12.1993, p. 18. Regulation as last amended by

Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).

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A corrective amount applicable to the export refunds
2.
may be set, in accordance with the procedure referred to in
Article 25(2). However, where necessary, the Commission may
amend the corrective amounts.

3.
in
Paragraphs 1 and 2 of this Article may be applied,
whole or in part, to products listed in points (c) and (d) of
Article 1 and to products listed in Article 1 and exported in
the
the form of goods listed in Annex III.
adjustment referred to in paragraph 1 of this Article shall be
corrected by applying to the monthly increase a coefficient
expressing the ratio between the quantity of basic product and
the quantity thereof contained in the processed product
exported or used in the goods exported.

In that case,

4.
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 or made from barley in stock at
that time shall be that which would have been applied in
respect of the export certificate in question to exports during
the last month of the preceding marketing year.

Article 16

Insofar as is necessary to take account of
the features of
production peculiar to certain spirituous beverages obtained
from cereals, the criteria for granting export refunds referred
to in Article 13(1), and the procedure for verification, may be
adapted to suit this particular situation.

Article 17

Observance of the volume limits resulting from the agreements
concluded in accordance with Article 300 of the Treaty shall
be ensured on the basis of the export licences issued for the
reference periods which apply to the products concerned. With
regard to compliance with the obligations arising under the
WTO Agreement on Agriculture,
the expiry of a reference
period shall not affect the validity of export licences.

Article 18

Detailed rules for the application of this Section, including the
provisions on the redistribution of exportable quantities which
have not been allocated or utilised, and in particular those
concerning the adaptation referred to in Article 16, shall be
adopted in accordance with the procedure referred to in
Article 25(2).

S e c t i o n 3

C o m m o n p r o v i s i o n s

Article 19

1.
To the extent necessary for the proper working of the
common organisation of the market in cereals, the Council,
acting on a proposal from the Commission in accordance with
the voting procedure laid down in Article 37(2) of the Treaty,
may prohibit in whole or in part the use of inward or outward
processing arrangements:

(a)

for products listed in Article 1 that are intended to be used
in producing the products listed in points (c) and (d) of
that Article; and

(b)

in special cases, for products listed in Article 1 that are
intended to be used in producing goods listed in Annex III.

2.
By way of derogation from paragraph 1 of this Article, if
the situation referred to therein arises with exceptional urgency
and the Community market is disturbed or is liable to be
disturbed by the inward or outward processing arrangements,
the Commission shall, at the request of a Member State or on
its own initiative, decide on the necessary measures
in
accordance with the procedure referred to in Article 25(2). 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 immediately applicable.
the Commission
receives a request from a Member State, it shall take a decision
thereon within a week following receipt of the request.

If

3. Measures decided on by the Commission may be referred
to the Council by any Member State within a week from the
date on which they were notified. The Council, acting by a
qualified majority, may confirm,
the
Commission's decision.

amend or

repeal

If the Council has not acted within three months following the
date on which it was referred to it, the Commission's decision
shall be deemed to have been repealed.

Article 20

1.
The general rules for the interpretation of the Combined
Nomenclature and the detailed rules for its application shall
apply to the tariff classification of products covered by this
from the
Regulation. The
application of this Regulation shall be incorporated into the
Common Customs Tariff.

tariff nomenclature

resulting

Unless otherwise provided for in this Regulation or in
2.
provisions adopted pursuant thereto, the following shall be
prohibited in trade with third countries:

Annex III shall be amended in accordance with the same
procedure.

(a)

the levying of any charge having equivalent effect to a
customs duty;

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(b) the application of any quantitative restriction or measure

Article 24

having equivalent effect.

Article 21

1. When the quotations or prices on the world market of
one or more of the products listed in Article 1 reach a level
that disrupts or threatens to disrupt the availability of supply
on the Community market and where that situation is likely to
continue and deteriorate, appropriate measures may be taken
as a safeguard measure in case of extreme emergency.

2.
The detailed rules for the application of this Article shall
be adopted in accordance with the procedure referred to in
Article 25(2).

Article 22

If, by reason of

imports or exports,

the Community
1.
market in one or more of the products listed in Article 1 is
affected by, or is threatened with, serious disturbance likely to
jeopardise the achievement of the objectives set out in Article
33 of the Treaty, appropriate measures may be applied in trade
with non-WTO member countries until such disturbance or
threat of it has ceased.

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, decide upon the necessary measures. The
Member States shall be notified of such measures, which shall
be immediately applicable.
the Commission receives a
If
request from a Member State, it shall take a decision thereon
within three working days following receipt of the request.

3. Measures decided on by the Commission may be referred
to the Council by any Member State within three working days
of the day on which they are notified. The Council shall meet
without delay. It may, acting by a qualified majority, amend or
repeal the measure in question within one month following
the date on which it was referred to the Council.

4.
Provisions adopted under this Article shall be applied
having regard to the obligations arising from agreements
concluded in accordance with Article 300(2) of the Treaty.

information necessary

Member States and the Commission shall provide each other
any
this
Regulation
international
and
obligations concerning cereals.

for
complying with

application of

the

the

for

Detailed rules to determine which information is necessary as
well as
its communication and distribution shall be
adopted in accordance with the procedure referred to in
Article 25(2).

for

Article 25

The Commission shall be assisted by a Management
‘the

for Cereals, hereinafter

referred to as

1.
Committee
Committee'.

2. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3.

The Committee shall adopt its Rules of Procedure.

Article 26

The Committee may consider any question referred to it by its
chairman, either on his own initiative or at the request of a
representative of a Member State.

Article 27

Measures which are both necessary and justifiable in an
emergency, in order to resolve practical and specific problems
shall be adopted in accordance with the procedure referred to
in Article 25(2).

Such measures may derogate from certain parts of
this
Regulation, but only to the extent that, and for such a period,
as is strictly necessary.

Article 28

CHAPTER IV

GENERAL PROVISIONS

Regulation (EC) No 1258/1999 and the provisions adopted in
implementation thereof shall apply to the expenditure incurred
by the Member States in carrying out obligations under this
Regulation.

Article 23

Article 29

Unless this Regulation provides otherwise, Articles 87, 88 and
89 of the Treaty shall apply to the production of and trade in
the products listed in Article 1 of this Regulation.

This Regulation shall be applied in the way that appropriate
account is taken simultaneously of the objectives set out in
Articles 33 and 131 of the Treaty.

L 270/86

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Official Journal of the European Union

21.10.2003

CHAPTER V

TRANSITIONAL AND FINAL PROVISIONS

Transitional measures may be adopted in accordance

2.
with the procedure referred to in Article 25(2).

Article 30

Article 31

1.

Regulation (EEC) No 1766/92 is hereby repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex IV.

This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Union.

It shall apply from the 2004/2005 marketing year.

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

Done at Brussels, 29 September 2003.

For the Council

The President

G. ALEMANNO

21.10.2003

EN

Official Journal of the European Union

L 270/87

ANNEX I

The products referred to in Article 1(d)

Description

Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with
high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of
pellets; sago pith

CN code

0714

ex 1102

Cereal flours other than of wheat or meslin:

1102 20

— Maize (corn) flour

1102 90

— Other:

1102 90 10

— — Barley flour

1102 90 30

— — Oat flour

1102 90 90

— — Other

ex 1103

ex 1104

Cereal groats, meal and pellets with the exception of groats and meal of wheat (subheading
1103 11), groats and meal of rice (subheading 1103 19 50) and pellets of rice (subheading
1103 20 50)

Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled),
except rice 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 or of roots or tubers of heading No 0714

ex 1108

Starches; inulin:

— Starches:

1108 11 00

— — Wheat starch

1108 12 00

— — Maize (corn) starch

1108 13 00

— — Potato starch

1108 14 00

— — Manioc (cassava) starch

ex 1108 19

— — Other starches:

1108 19 90

— — — Other

1109 00 00

Wheat gluten, whether or not dried

1702

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

— — — — In the form of white crystalline powder, whether or not agglomerated

1702 30 99

— — — — Other

L 270/88

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Official Journal of the European Union

21.10.2003

CN code

Description

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

— — — — In 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 sugar syrups:

— — — Other:

2106 90 55

— — — — Glucose syrup and maltodextrine syrup

ex 2302

ex 2303

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting,
milling or other working of cereals

Residues of starch manufacture and similar residues, beetpulp, bagasse and other waste of sugar
manufacture, brewing of distilling dregs and waste, whether or not in the 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 from
the extraction of vegetables fats or oils, other than those of headings 2304 and 2305:

2306 70 00

— Of maize (corn) germ

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 00 40

— Acorns and horse-chestnuts; pomace or marc of fruit, 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 51 to 1702 30 99, 1702 40 90, 1702 90 50 and 2106 90 55 or
milk products (1) except preparations and feedingstuffs containing 50 % or more by weight
of milk products

ex 2309 90

— Other:

— — Other, including premixes:

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 milk products (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 11, 1702 19 and 2106 90 51.

21.10.2003

EN

Official Journal of the European Union

L 270/89

ANNEX II

Monthly increases in the intervention price referred to in Article 4(3)

(EUR/tonne)

July

August

September

October

November

December

January

February

March

April

May

June

—

—

—

—

0,46

0,92

1,38

1,84

2,30

2,76

3,22

3,22

L 270/90

EN

Official Journal of the European Union

21.10.2003

ANNEX III

The products referred to in Article 13(1)(b) and Article 19(1)(b)

Description

Buttermilk, curdled milk and cream, whether or not concentrated or containing added sugar or
other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

CN code

ex 0403

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

21.10.2003

EN

Official Journal of the European Union

L 270/91

CN code

Description

1902 30

— Other pasta

1902 40

— Couscous

1903 00 00

Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings
or similar forms

1904

1905

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

Bread, pastry, cakes,
tocuits 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:

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

— — — In the 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 flakes

2005 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:

— Other, including mixtures other than those of subheading 2008 19:

— — Other:

— — — Not containing added spirit:

— — — — Not containing added sugar:

2008 99 85

— — — — — Maize (corn), other than sweet corn (Zea mays var. saccharata)

2008 99 91

— — — — — Yams, 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:

L 270/92

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Official Journal of the European Union

21.10.2003

CN code

Description

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 starch

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

21.10.2003

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Official Journal of the European Union

L 270/93

CN code

Description

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 54

— — — — — — — Tequila

2208 90 56

— — — — — — — Other

2208 90 69

— — — — — Other spirituous beverages

— — — More than 2 litres:

— — — — Spirits (excluding liqueurs):

2208 90 75

— — — — — Tequila

2208 90 77

— — — — — 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 a kind used in the food or drink industries:

— — Of a kind 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

ex 3809

Dextrins and other modified starches (for example, pregelatinised or esterified starchs); glues
based on starches, or on dextrins or other modified starches

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

3824 60

— With a basis of amylaceous substances

Sorbitol other than that of subheading 2905 44

L 270/94

EN

Official Journal of the European Union

21.10.2003

ANNEX IV

Correlation table

Regulation (EEC) No 1766/92

This Regulation

Article 1(1)

Article 1(2)

Article 2

—

Article 3(1)

Article 3(2)

Article 3(3)

Article 3(4)

Article 4(1)

Article 1

—

Article 2

Article 3

Article 4(1)

Article 4(3)

Article 4(2)

Article 4(4)

Article 5(1)

Article 4(2), first subparagraph, first indent

Article 5(2), first subparagraph (a)

Article 4(2), first subparagraph, second indent

Article 5(2), first subparagraph (b)

Article 4(2), first subparagraph, third indent

Article 5(2), first subparagraph (c)

Article 4(2), second subparagraph

Article 5(2), second subparagraph

Article 4(3)

Article 5, first indent

Article 5, second indent

Article 5, third indent

Article 5, fourth indent

Article 5, fifth indent

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12(1)

Article 5(3)

Article 6(a)

Article 6(b)

Article 6(c)

Article 6(d)

Article 6(e)

Article 7

Article 8

—

Article 9

Article 10

Article 11

Article 12(1)

Article 12(2), first subparagraph, first indent

Article 12(2), first subparagraph (a)

Article 12(2), first subparagraph, second indent

Article 12(2), first subparagraph (b)

Article 12(2), first subparagraph, third indent

Article 12(2), first subparagraph (c)

Article 12(2), second and third subparagraph

Article 12(2), second subparagraph

Article 12(3) and (4)

Article 13(1), (2) and (3)

Article 12(3) and (4)

Article 13(1), (2) and (3)

Article 13(4), (5), (6) and (7)

Article 14(1), (2), (3) and (4)

21.10.2003

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Official Journal of the European Union

L 270/95

Regulation (EEC) No 1766/92

This Regulation

Article 13(8), first subparagraph

Article 15 (1)

Article 13(8), second and third subparagraph

Article 15(2)and (3)

Article 13(8), forth subparagraph

Article 13(9)

Article 13(10)

Article 13(11)

Article 14(1), first indent

Article 14(1), second indent

Article 14(2) and (3)

Article 15(1)

Article 15(2), first indent

Article 15(2), second indent

Article 16

Article 17(1), first subparagraph

Article 17(1), second subparagraph

Article 15(4)

Article 16

Article 17

Article 18

Article 19(1)(a)

Article 19(1)(b)

Article 19(2) and (3)

Article 20(1)

Article 20(2)(a)

Article 20(2)(b)

Article 21

Article 22(1)

—

Article 17(2), (3) and (4)

Article 22(2), (3) and (4)

Article 18

Article 19

Article 20

Article 21, first sentence

Article 21, second sentence

Article 22

Article 23

Article 24

—

—

Article 25

Article 26(1)

Article 26(2)

Article 26(3)

Article 27

Annex A

Annex B

Annex C

Annex D

—

Article 23

—

Article 24(1)

Article 21(2)

—

Article 25

Article 26

Article 27

Article 28

Article 29

Article 30(1)

—

Article 32(2)

Article 31

Annex I

Annex III

Annex IV

Annex II