Commission Regulation (EC) No 749/2005 of 18 May 2005 amending Regulation (EEC) No 2131/93 fixing the procedure and conditions for the taking over of cereals by intervention agencies
Date: 2005-05-18
Institutions: European Commission
Subjects: Croatia, EU financing, Romania, accession to the European Union, cereals, export refund, freight rate, harbour installation, sales aid

L 126/10

EN

Official Journal of the European Union

19.5.2005

COMMISSION REGULATION (EC) No 749/2005

of 18 May 2005

amending Regulation (EEC) No 2131/93 fixing the procedure and conditions for the taking over of
cereals by intervention agencies

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

In order to simplify and harmonise the procedures for
the placing on sale of cereals for export, the procedure
for releasing the guarantees referred to in Article 17 of
Regulation (EEC) No 2131/93 should be clarified, based
on Commission Regulation (EC) No 800/1999 laying
down common detailed rules for the application of the
system of export refunds on agricultural products (3),
especially as regards the proof that the import customs
formalities have been completed in a third country.

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 6 thereof,

(5)

Regulation (EEC) No 2131/93 should therefore be
amended accordingly.

Whereas:

(6)

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

Commission Regulation (EEC) No 2131/93 (2) lays down
the procedure and conditions for the sale of cereals held
by intervention agencies.

HAS ADOPTED THIS REGULATION:

In Member States which do not have sea ports, tenderers
for cereals put up for sale are penalized by higher
these additional costs,
transport costs. As a result of
cereals are more difficult to export from those Member
States, which results in particular in longer intervention
storage and additional costs to the Community budget.
Article 7 of Regulation (EEC) No 2131/93 therefore
provides
in certain cases, of
financing the lowest transport costs between the place
of storage and the place of exit, in order to make the
tenders comparable.

the possibility,

for

The Croation ports of Rijeka and Split were traditional
ports of exit for the countries of central Europe before
their accession to the Union. Rijeka and Split should
therefore be included among the places of exit that can
be considered when calculating the refundable transport
costs for exports.

(1) OJ L 270, 21.10.2003, p. 78.
(2) OJ L 191, 31.7.1993, p. 76. Regulation as last amended by
L 354,

(EC) No 2045/2004 (OJ

Commission Regulation
30.11.2004, p. 17).

Article 1

In Article 7 of Regulation (EC) No 2131/93, paragraph 2a is
replaced by the following:

‘2a Where Member States have no sea port, a decision
may be taken, in accordance with the procedure referred to
in the
in paragraph 1, to derogate from paragraph 2 and,
case of exports from a sea port,
to finance the lowest
transport costs between the place of storage and the actual
place of exit, within the financial
limits laid down in the
tender notice.

For the purpose of this paragraph the Romanian port of
Constanţa and the Croatian ports of Rijeka and Split may
be regarded as places of exit.’

(3) OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regu-

lation (EC) No 671/2004 (OJ L 105, 5.10.2004, p. 5).

(1)

(2)

(3)

19.5.2005

EN

Official Journal of the European Union

L 126/11

Article 2

In Article 17 of Regulation (EC) No 2131/93, paragraph 3 is
replaced by the following:

import

into a third country shall

outside the customs territory of the Commmunity and
of
respectively be
those provided in accordance with the detailed rules
laid down in Articles 7 and 16(1), (2) and (3) of Regu-
lation (EC) No 800/1999.

‘3.
The security provided for in the second indent of
paragraph 2 shall be released where it covers quantities in
respect of which:

— the licence has not been issued in accordance with Article

49 of Regulation (EC) No 1291/2000,

— proof has been furnished that the goods have become

unfit for human or animal consumption,

— the contract has been cancelled in accordance with the

fourth paragraph of Article 16.’

— proof has been furnished that the customs formalities for
exports outside the customs territory of the Community
and for imports into one of the third countries covered
by the tender have been completed. Proof of export

Article 3

This Regulation shall enter into force on the day following that
of 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, 18 May 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission