Commission Regulation (EC) No 106/2004 of 22 January 2004 fixing the rates of the refunds applicable to certain cereal and rice-products exported in the form of goods not covered by Annex I to the Treaty
Date: 2004-01-22
Institutions: European Commission
Subjects: export refund, rice

L 16/26

EN

Official Journal of the European Union

23.1.2004

COMMISSION REGULATION (EC) No 106/2004
of 22 January 2004
fixing the rates of the refunds applicable to certain cereal and rice-products exported in the form
of goods not covered by Annex I to the Treaty

(5)

(6)

(7)

(8)

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 Regulation (EC) No 1784/
2003 (2), and in particular Article 13(3) thereof,

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (3), as last amended by Commission Regulation (EC) No
411/2002 (4), and in particular Article 13(3) thereof,

Whereas:

(1)

(2)

(3)

(4)

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

Commission Regulation (EC) No 1520/2000 of 13 July
2000 laying down common implementing rules for
granting export refunds on certain agricultural products
exported in the form of goods not covered by Annex I
to the Treaty, and the criteria for fixing the amount of
such refunds (5), as last amended by Regulation (EC) No
740/2003 (6), specifies the products for which a rate of
refund should be fixed,
to be applied where these
products are exported in the form of goods listed in
Annex B to Regulation (EEC) No 1766/92 or in Annex
B to Regulation (EC) No 3072/95 as appropriate.

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

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

conclusion of

the

Taking into account the settlement between the Euro-
pean Community and the United States of America on
Community exports of pasta products to the United
States, approved by Council Decision 87/482/EEC (7), it
is necessary to differentiate the refund on goods falling
within CN codes 1902 11 00 and 1902 19 according to
their destination.

Pursuant to Article 4(3) and (5) of Regulation (EC) No
1520/2000, a reduced rate of export refund has to be
fixed, taking account of the amount of the production
refund applicable, pursuant to Council Regulation (EEC)
No 1722/93 (8), as last amended by Commission Regu-
lation (EC) No 1786/2001 (9), for the basic product in
question, used during the assumed period of manufac-
ture of the goods.

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

of

the

concerning

importation

In accordance with Council Regulation (EC) No 1039/
2003 of 2 June 2003 adopting autonomous and transi-
tional measures concerning the importation of certain
processed agricultural products originating in Estonia
and the exportation of certain agricultural products to
Estonia (10), Council Regulation (EC) No 1086/2003 of
18 June 2003 adopting autonomous and transitional
certain
measures
processed agricultural products originating in Slovenia
and the exportation of certain processed agricultural
products to Slovenia (11), Council Regulation (EC) No
1087/2003 of 18 June 2003 adopting autonomous and
transitional measures concerning the importation of
certain processed agricultural products originating in
Latvia and the exportation of certain processed agri-
cultural products to Latvia (12), Council Regulation (EC)
No 1088/2003 of 18 June 2003 adopting autonomous
and transitional measures concerning the importation of
certain processed agricultural products originating in
Lithuania and the exportation of certain processed agri-
cultural products to Lithuania (13), Council Regulation
(EC) No 1089/2003 of 18 June 2003 adopting autono-
mous and transitional measures concerning the importa-
tion of certain processed agricultural products origin-
ating in the Slovak Republic and the exportation of
certain processed agricultural products to the Slovak

(1) OJ L 181, 1.7.1992, p. 21.
(2) OJ L 270, 21.10.2003, p. 78.
(3) OJ L 329, 30.12.1995, p. 18.
(4) OJ L 62, 5.3.2002, p. 27.
(5) OJ L 117, 15.7.2000, p. 1.
(6) OJ L 106, 29.4.2003, p. 12.

(7) OJ L 275, 29.9.1987, p. 36.
(8) OJ L 159, 1.7.1993, p. 112.
(9) OJ L 242, 12.9.2001, p. 3.
(10) OJ L 151, 19.6.2003, p. 1.
(11) OJ L 163, 1.7.2003, p. 1.
(12) OJ L 163, 1.7.2003, p. 19.
(13) OJ L 163, 1.7.2003, p. 38.

23.1.2004

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Official Journal of the European Union

L 16/27

the

concerning

importation

Republic (1) and Council Regulation (EC) No 1090/2003
of 18 June 2003 adopting autonomous and transitional
measures
certain
processed agricultural products originating in the Czech
Republic and the exportation of certain processed agri-
cultural products to the Czech Republic (2) with effect
from 1 July 2003, processed agricultural products not
listed in Annex I to the Treaty which are exported to
Estonia, Slovenia, Latvia, Lithuania, Slovakia or
the
Czech Republic are not eligible for export refunds.

of

(9)

(10)

concerning the

In accordance with Council Regulation (EC) No 999/
2003 of 2 June 2003 adopting autonomous and transi-
tional measures
certain
processed agricultural products originating in Hungary
and the export of certain processed agricultural products
to Hungary (3), with effect from 1 July 2003, the goods
referred to in its Article 1(2) which are exported to
Hungary are not eligible for export refunds.

import of

In accordance with Council Regulation (EC) No 1890/
2003 of 27 October 2003 adopting autonomous and
transitional measures concerning the importation of
certain processed agricultural products originating in
Malta and the exportation of certain processed agri-
from 1
cultural products

to Malta (4), with effect

November 2003, processed agricultural products not
listed in Annex I to the Treaty which are exported to
Malta, are not eligible for export refunds.

(11)

(12)

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

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

HAS ADOPTED THIS REGULATION:

Article 1

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

This Regulation shall enter into force on 23 January 2004.

Article 2

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

Done at Brussels, 22 January 2004.

For the Commission
Erkki LIIKANEN
Member of the Commission

(1) OJ L 163, 1.7.2003, p. 56.
(2) OJ L 163, 1.7.2003, p. 73.
(3) OJ L 146, 13.6.2003, p. 10.
(4) OJ L 278, 29.10.2003, p. 1.

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Official Journal of the European Union

23.1.2004

Rates of the refunds applicable from 23 January 2004 to certain cereals and rice products exported in the form
of goods not covered by Annex I to the Treaty

ANNEX

CN code

Description of products (1)

1001 10 00

Durum wheat:

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

States of America

– in other cases

1001 90 99

Common wheat and meslin:

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

States of America

– in other cases:

– – where Article 4(5) of Regulation (EC) No 1520/2000 applies (3)

– – where goods falling within subheading 2208 (4) are exported

– – in other cases

1002 00 00

Rye

1003 00 90

Barley

– where goods falling within subheading 2208 (4) are exported

– in other cases

1004 00 00

Oats

1005 90 00

Maize (corn) used in the form of:

– starch:

– – where Article 4(5) of Regulation (EC) No 1520/2000 applies (3)

– – where goods falling within subheading 2208 (4) are exported

– – in other cases

– glucose, glucose

syrup of CN codes
1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99, 1702 40 90, 1702 90 50,
1702 90 75, 1702 90 79, 2106 90 55 (5):

syrup, maltodextrine, maltodextrine

– – where Article 4(5) of Regulation (EC) No 1520/2000 applies (3)

– – where goods falling within subheading 2208 (4) are exported

– – in other cases

– where goods falling within subheading 2208 (4) are exported

– other (including unprocessed)

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

– where Article 4(5) of Regulation (EC) No 1520/2000 applies (3)

– – where goods falling within subheading 2208 (4) are exported

– in other cases

(EUR/100 kg)

Rate of refund per 100 kg of basic
product (2)

In case of advance
fixing of refunds

Other

—

—

—

—

—

—

—

—

—

—

2,919

—

2,919

2,189

—

2,189

—

2,919

2,919

—

2,919

—

—

—

—

—

—

—

—

—

—

2,919

—

2,919

2,189

—

2,189

—

2,919

2,919

—

2,919

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Official Journal of the European Union

CN code

Description of products (1)

ex 1006 30

Wholly milled rice:

– round grain

– medium grain

– long grain

1006 40 00

Broken rice

1007 00 90

Grain sorghum, other than hybrid for sowing

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(EUR/100 kg)

Rate of refund per 100 kg of basic
product (2)

In case of advance
fixing of refunds

Other

12,400

12,400

12,400

3,200

—

12,400

12,400

12,400

3,200

—

(1) As far as agricultural products obtained from the processing of a basic product or/and assimilated products are concerned, the coefficients shown in Annex E to

Commission Regulation (EC) No 1520/2000 shall be applied (OJ L 177, 15.7.2000, p. 1).

(2) With effect from 1 July 2003 these rates are not applicable to goods not covered by Annex I to the Treaty when exported to the Czech Republic, Estonia, Latvia,
Lithuania, Slovakia or Slovenia, and to the goods referred to in Article 1(2) of Regulation (EC) No 999/2003 when exported to Hungary. With effect from 1 November
2003 these rates are not applicable to goods not covered by Annex I to the Treaty when exported to Malta.

(3) The goods concerned fall under CN code 3505 10 50.
(4) Goods listed in Annex B to Regulation (EEC) No 1766/92 or referred to in Article 2 of Regulation (EEC) No 2825/93.
(5) For syrups of CN codes NC 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the export refund may be granted only for

the glucose syrup.