Commission Regulation (EC) No 216/2004 of 6 February 2004 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: 2004-02-06
Institutions: European Commission
Subjects: potato, production refund, starch

7.2.2004

EN

Official Journal of the European Union

L 36/13

COMMISSION REGULATION (EC) No 216/2004

of 6 February 2004

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,

(4)

Having regard to the Treaty establishing the European
Community,

The Commission does not have detailed information on
the quantities on which production refunds have been
granted until three months after the end of each quarter
of the calendar year. To make a better picture of the
situation Member States should notify monthly the
quantities of starch for which certificate applications
have been made.

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (1), and in particular Article 7(3) thereof,

Having regard to Council Regulation (EEC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (2), and in particular Article 8(e) thereof,

(5)

(6)

Regulation (EEC) No 1722/93 should be amended
accordingly.

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

Whereas:

(1)

(2)

(3)

Commission Regulation (EEC) No 1722/93 (3) stipulates
how the refund is to be calculated. The market situation
for potato starch, being particularly influenced by the
minimum price for potatoes, can differ from that for
cereal starch. It should therefore be possible to set a
different refund for potato starch.

Applications for refund certificates can be lodged each
working day before 3 p.m. Brussels time. As this time
limit may fall after commencement of a meeting of the
Management Committee for Cereals at which refund
rates are being decided there is a risk of speculative
applications. The time limit should therefore be brought
forward.

Regulation (EEC) No 1722/93 stipulates that production
refund certificates are valid until the last day of the fifth
month following that of issue. This carries a risk that
certificates will be issued for over-large volumes; since
the Commission can neither reject certificate applica-
tions in the event of speculation nor set a different
refund
the Management
Committee for Cereals, the validity of licences should be
shortened to end on the last day of the third month
following that of issue.

rate without

consulting

HAS ADOPTED THIS REGULATION:

Article 1

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

1. In Article 3(2) the following subparagraph is added:

‘For potato starch a different rate may be set that reflects the
minimum price indicated in Article 8(1) of Regulation (EEC)
No 1766/92.’

2. In Article 5(1) the second sentence is replaced by:

‘Applications may be lodged every working day before
13.00 Brussels time.’

3. In Article 6(3) the first subparagraph is replaced by:

(1) OJ L 181, 1.7.1992, p. 21. Regulation last amended by Regulation

(EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

(2) OJ L 329, 30.12.1995, p. 18. Regulation last amended by Regu-

lation (EC) No 411/2002 (OJ L 62, 5.3.2002, p. 27).

(3) OJ L 159, 1.7.1993, p. 112. Regulation last amended by Regulation

(EC) No 1786/2001 (OJ L 242, 12.9.2001, p. 3).

The refund certificate shall

‘3.
include the information
required in accordance with Article 5(2) and state the
refund rate and the last day of validity of the licence, which
shall be the last day of the third month following the month
of issue.’

L 36/14

EN

Official Journal of the European Union

7.2.2004

4. Article 12 is replaced by:

‘Article 12

Member States shall notify to the Commission:

(a) by the end of the first week of each month, the quanti-
ties of starch for which certificate applications as indi-
cated in Article 5(1) were made during the previous
month;

(b) within three months of the end of each quarter of the
calendar year the type, quantities and origin of starch
(maize, wheat, potatoes, barley, oats or rice) on which
refunds were paid and the quantities of products for
which the starch was used.’

Article 2

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

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

Done at Brussels, 6 February 2004.

For the Commission

Franz FISCHLER

Member of the Commission