Commission Regulation (EC) No 1548/2004 of 30 August 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: 2004-08-30
Institutions: European Commission
Subjects: cereals, production refund, rice

31.8.2004

EN

Official Journal of the European Union

L 280/11

COMMISSION REGULATION (EC) No 1548/2004

of 30 August 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,

taking wheat prices
into account has not had any
practical effect in the past on calculating the amount
of the refund, that reference should be deleted.

Having regard to the Treaty
Community,

establishing the European

(4)

Having regard to Council Regulation (EC) No 1784/2003 of 29
September 2003 on the common organisation of the market in
cereals (1), and in particular Article 8(3) thereof,

have

special provisions
proved

esterified and etherified
The
starches
the
amount of the refund is relatively small; a maximum
amount
introduced below which these
should be
conditions need not be fulfilled.

for
disproportionate where

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 8(e) thereof,

(5)

Regulation (EC) No 1722/93 should be
accordingly.

amended

Whereas:

(6)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Cereals,

(1)

(2)

(3)

Commission Regulation (EEC) No 1722/93 (3) lays down
the conditions for granting a production refund on starch
and certain starch products obtained in particular from
rice and broken rice. Council Regulation (EC) No
1785/2003 of 29 September 2003 on the common
in rice (4) no longer
organisation of
provides for the possibility of granting that refund. The
provisions on that category of starch should therefore be
removed from Regulation (EEC) No 1722/93 with effect
from 1 September 2004, the date from which Regulation
(EC) No 1785/2003 applies.

the market

As a result, the validity of refund certificates for starch
obtained from rice or broken rice should be limited to
31 August 2004.

In accordance with Article 3 of Regulation (EEC) No
the method for calculating the production
1722/93,
in particular, on the market price of
refund is based,
maize taking into account
the price levels noted for
wheat. In the case of maize, this provision should be
made more explicit both as regards the geographical
origin of the maize and certain limits to be applied to
the price levels where there is a significant increase. Since

HAS ADOPTED THIS REGULATION:

Article 1

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

1. the title is replaced by the following:

‘Commission Regulation (EEC) No 1722/93 laying down
detailed rules for
the application of Council Regulation
(EEC) No 1766/92 concerning production refunds in the
cereals sector.’;

2. the first subparagraph of Article 1(1)

is replaced by the

following:

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 329, 30.12.1995, p. 18. Regulation as last amended by the

2003 Act of Accession.

(3) 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).

(4) OJ L 270, 21.10.2003, p. 96.

‘A production refund (hereinafter called refund) may be
granted to natural or legal persons using starch extracted
from wheat, maize or potatoes, or
certain derived
products, in the manufacture of the goods listed in Annex I.’;

L 280/12

EN

Official Journal of the European Union

31.8.2004

3. Article 3(2) is replaced by the following:

‘2.
The refund per tonne of starch of maize, wheat, barley
or oats shall be calculated in particular on the basis of the
difference, multiplied by a coefficient of 1,60, between:

During July, August and September, the maize price referred
to in point (a) of the first subparagraph shall be reduced by
the difference between the intervention price for wheat valid
in June and that valid in July, save if the price of maize
referred to in point (a) of the first subparagraph corresponds
already to that valid for the new harvest.’;

(a)

the maize market price in France, valid during the five
days preceding the day of fixing; and

4. In Article 9, the following is added to the first subparagraph

of paragraph 2:

(b) the average of the representative cif Rotterdam import
prices used for the determination of the import duties on
the maize, noted during the five days preceding the day
of the beginning of application.

‘However, where the amount of the production refund is less
the security shall not be
than EUR 16/tonne of starch,
control measures
required
provided for in Article 10 of
this Regulation shall not
apply.’;

verification and

and

the

For the purposes of calculating the difference referred to in
the first subparagraph, the following rules shall apply:

5. Annex II is amended as follows:

(a)

if the maize market price referred to in point (a) is higher
than the intervention price but less than 155 % of that
price, the price to be taken into account shall be the
intervention price plus half the difference between the
real price and the intervention price;

(b) if the maize market price referred to in point (a) is higher
than 155 % of the intervention price, the price to be
taken into account shall be the intervention price plus
27,5 % of the intervention price.

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. In that case, the calculation shall be made on
the basis of the maize market price in France referred to in
point (a) of the first subparagraph, up to a limit of 115 % of
the intervention price.

(a)

in the table in part A, the line relating to rice starch is
deleted;

(b) in footnote 1, ‘rice’ is deleted;

(c)

in footnote 4, ‘rice’ is deleted.

Article 2

The validity of refund certificates for starch obtained from rice
or broken rice shall be limited to 31 August 2004.

Article 3

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

Article 1(1), (2) and (5) shall apply from 1 September 2004.

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

Done at Brussels, 30 August 2004.

For the Commission

Franz FISCHLER
Member of the Commission