Commission Regulation (EC) No 645/2004 of 6 April 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: 2004-04-06
Institutions: European Commission
Subjects: cereals, export refund, rice

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Official Journal of the European Union

7.4.2004

COMMISSION REGULATION (EC) No 645/2004

of 6 April 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

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), 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 (2), 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 (3), 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
long-term
however, preventing

conclusion of

the

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

lation (EC) No 1784/2003 (OJ L 270, 21.10.2003, p. 78).

(2) OJ L 329, 30.12.1995, p. 18. Regulation as last amended by
Commission Regulation (EC) No 411/2002 (OJ L 62, 5.3.2002, p.
27).

(3) OJ L 177, 15.7.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 543/2004 (OJ L 87, 25.3.2004, p. 8).

(5)

(6)

(7)

(8)

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.

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 (4), 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 (5), for the basic product in question, used
during the assumed period of manufacture 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.

In accordance with Council Regulations (EC) No 1039/
2003 (6), (EC) No 1086/2003 (7), (EC) No 1087/2003 (8),
(EC) No 1088/2003 (9), (EC) No 1089/2003 (10) and (EC)
No 1090/2003 (11)
the Council adopted autonomous
and transitional measures concerning the importation of
certain processed agricultural products originating in
Estonia, Slovenia, Latvia, Lithuania, Slovakia and the
Czech Republic and the exportation of certain processed
agricultural products to those countries. Those regula-
tions provide that 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 shall
not be eligible for export refunds.

(4) OJ L 275, 29.9.1987, p. 36.
(5) OJ L 159, 1.7.1993, p. 112. Regulation as last amended by Regu-

lation (EC) No 216/2004 (OJ L 36, 7.2.2004, p. 13).

(6) OJ L 151, 19.6.2003, p. 1.
(7) OJ L 163, 1.7.2003, p. 1.
(8) OJ L 163, 1.7.2003, p. 19.
(9) OJ L 163, 1.7.2003, p. 38.
(10) OJ L 163, 1.7.2003, p. 56.
(11) OJ L 163, 1.7.2003, p. 73.

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(9)

(10)

autonomous

Council Regulation (EC) No 999/2003 of 2 June 2003
adopting
transitional measures
and
concerning the import of certain processed agricultural
products originating in Hungary and the export of
certain processed agricultural products to Hungary (1),
provides that with effect from 1 July 2003, the goods
referred to in Article 1(2) thereof which are exported to
Hungary shall not be eligible for export refunds.

Council Regulation (EC) No 1890/2003 of 27 October
2003 adopting autonomous and transitional measures
concerning the importation of certain processed agri-
cultural products originating in Malta and the exporta-
tion of
to
Malta (2), provides that with effect from 1 November
listed in
2003, processed agricultural products not
Annex I to the Treaty which are exported to Malta shall
not be eligible for export refunds.

certain processed agricultural products

(11) With a view to enlargement of the European Union on
1 May 2004, the setting of all remaining export refunds
has been discontinued in the cereals and rice sector, in
relation to the Annex I processed products concerned
when exported to the acceding States.

(12)

(13)

(14)

Therefore, with effect from 7 April 2004 no refund
should be set
for certain cereal and rice products
exported in the form of goods not covered by Annex I
to the Treaty when exported to Cyprus and Poland and
for the goods which are not referred to in Article 1(2) of
Regulation (EC) No 999/2003 when exported to
Hungary.

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.

Article 2

1. Without prejudice to Article 1 and with effect from 1
July 2003, the rates set out in the Annex 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 nor to the goods referred to in Article 1(2) of Regu-
lation (EC) No 999/2003 when exported to Hungary.

With effect from 1 November 2003 these rates are not applic-
able to goods not covered by Annex I to the Treaty when
exported to Malta.

2. Without prejudice to Article 1 and with effect from 7
April 2004 no rates of refund shall be set in respect of goods
not covered by Annex I to the Treaty when exported to Cyprus
and Poland and in respect of goods which are not referred to in
Article 1(2) of Regulation (EC) No 999/2003 when exported to
Hungary.

Article 3

This Regulation shall enter into force on 7 April 2004.

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

Done at Brussels, 6 April 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission

(1) OJ L 146, 13.6.2003, p. 10.
(2) OJ L 278, 29.10.2003, p. 1.

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Official Journal of the European Union

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Rates of the refunds applicable from 7 April 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 (2)

– – where goods falling within subheading 2208 (3) 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 (2)

– – where goods falling within subheading 2208 (3) 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 (4):

syrup, maltodextrine, maltodextrine

– – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2)

– – where goods falling within subheading 2208 (2) are exported

– – in other cases

– where goods falling within subheading 2208 (2) 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 (3) are exported

– in other cases

(EUR/100 kg)

Rate of refund per 100 kg of basic product

In case of advance
fixing of refunds

Other

—

—

—

—

—

—

—

—

—

—

1,870

—

1,870

1,403

—

1,403

—

1,870

1,870

—

1,870

—

—

—

—

—

—

—

—

—

—

1,870

—

1,870

1,403

—

1,403

—

1,870

1,870

—

1,870

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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

In case of advance
fixing of refunds

6,200

6,200

6,200

—

—

Other

6,200

6,200

6,200

1,800

—

(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) The goods concerned fall under CN code 3505 10 50.
(3) Goods listed in Annex B to Regulation (EEC) No 1766/92 or referred to in Article 2 of Regulation (EEC) No 2825/93.
(4) 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.