Commission Regulation (EC) No 2161/2004 of 16 December 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: 2004-12-16
Institutions: European Commission
Subjects: barley, common wheat, durum wheat, export refund, maize, oats, rye, sorghum, starch

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Official Journal of the European Union

17.12.2004

COMMISSION REGULATION (EC) No 2161/2004

of 16 December 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
Community,

establishing the European

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 13(3) thereof,

Having regard to Council Regulation (EC) No 1785/2003 of
the
29 September 2003 on the common organisation of
thereof,
market

in rice (2), and in particular Article 14(3)

Whereas:

(1)

(2)

(3)

(4)

Article 13(1) of Regulation (EC) No 1784/2003 and
Article 14(1) of Regulation (EC) No 1785/2003
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
Community 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
to be applied where these
refund should be fixed,
products are exported in the form of goods listed in
Annex III
in
Annex IV to Regulation (EC) No 1785/2003 as appro-
priate.

to Regulation (EC) No 1784/2003 or

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
in such situations
to take precautionary measures

(5)

(6)

(7)

(8)

without, however, preventing the conclusion of
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.

the

into account

settlement between the
Taking
European 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 Commission Regulation
(EEC) No 1722/93 (5),
in
for
question, used during the assumed period of manufacture
of the goods.

the basic product

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

that

of

24

2004

September

In accordance with Council Regulation (EC) No
adopting
1676/2004
autonomous and transitional measures concerning the
importation of certain processed agricultural products
originating in Bulgaria and the exportation of certain
processed agricultural products to Bulgaria (6) with the
from 1 October 2004, processed agricultural
effect
products not listed in Annex I to the Treaty which are
exported to Bulgaria are not eligible for the export
refunds.

(9)

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

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 270, 21.10.2003, p. 96.
(3) OJ L 177, 15.7.2000, p. 1. Regulation as

last amended by
Commision Regulation (EC) No 886/2004 (OJ L 163, 1.5.2004,
p. 14).

(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 1548/2004 (OJ L 280, 31.8.2004, p. 11).

(6) OJ L 301, 28.9.2004, p. 1

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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 in Article 1
of Regulation (EC) No 1784/2003 or in Article 1(1) of Regu-
lation (EC) No 1785/2003, exported in the form of goods listed
in Annex III to Regulation (EC) No 1784/2003 or in Annex IV
to Regulation (EC) No 1785/2003 respectively, are fixed as
shown in the Annex to this Regulation.

Article 2

By way of derogation from Article 1 and with effect from 1
October 2004, the rates set out in the Annex shall not be
applicable to goods not covered by Annex I to the Treaty
when exported to Bulgaria.

Article 3

This Regulation shall enter into force on 17 December 2004.

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

Done at Brussels, 16 December 2004.

For the Commission

Günter VERHEUGEN
Vice-President

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Official Journal of the European Union

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ANNEX

Rates of the refunds applicable from 17 December 2004 to certain cereals and rice products exported in the
form of goods not covered by Annex I to the Treaty

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 (3) 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, maltodextrine, maltodextrine syrup of CN codes 1702 30 51,
1702 90 75,

1702 40 90,

1702 30 99,

1702 90 50,

1702 30 59,
1702 30 91,
1702 90 79, 2106 90 55 (4):

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

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

– – in other cases

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

– 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

—

—

—

—

—

—

—

—

—

—

4,093

0,696

4,093

3,070

0,522

3,070

0,696

4,093

4,093

0,696

4,093

—

—

—

—

—

—

—

—

—

—

4,093

0,696

4,093

3,070

0,522

3,070

0,696

4,093

4,093

0,696

4,093

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CN code

Description of products (1)

ex 1006 30

1006 40 00

1007 00 90

Wholly milled rice:
– round grain
– medium grain
– long grain
Broken rice

Grain sorghum, other than hybrid for sowing

L 370/67

(EUR/100 kg)

Rate of refund per 100 kg of basic
product

In case of
advance fixing of
refunds

—

—

—
—

—

Other

—

—

—
—

—

(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 in under CN code 3505 10 50.
(3) Goods listed in Annex III to Regulation (EC) No 1784/2003 or referred to in Article 2 of Regulation (EEC) No 2825/93 (OJ L 258, 16.10.1993, p. 6).
(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.