Commission Regulation (EC) No 1852/2005 of 11 November 2005 setting the coefficients applicable to cereals exported in the form of Scotch whisky for the period 2005/2006
Date: 2005-11-11
Institutions: European Commission
Subjects: United Kingdom, barley, cereals, export refund, spirits

12.11.2005

EN

Official Journal of the European Union

L 296/15

COMMISSION REGULATION (EC) No 1852/2005

of 11 November 2005

setting the coefficients applicable to cereals exported in the form of Scotch whisky for the period
2005/2006

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),

Having regard to Commission Regulation (EEC) No 2825/93 of
15 October 1993 laying down certain detailed rules for the
application of Council Regulation (EEC) No 1766/92 as
regards the fixing and granting of adjusted refunds in respect
of cereals exported in the form of certain spirit drinks (2), and in
particular Article 5 thereof,

Whereas:

(1)

Article 4(1) of Regulation (EEC) No 2825/93 lays down
that the quantities of cereals eligible for the refund are to
be the quantities placed under control and distilled,
weighted by a coefficient to be fixed annually for each
Member State concerned. The coefficient expresses the
average ratio between the total quantities exported and
the
spirit drink
concerned, on the basis of
the trend noted in those
quantities during the number of years corresponding to
the average ageing period of the spirit drink in question.

total quantities marketed of

the

(2)

On the basis of the information supplied by the United
Kingdom on the period 1 January to 31 December 2004,

(3)

the average ageing period for Scotch whisky in 2004 was
seven years. The coefficients for the period 1 October
2005 to 30 September 2006 should be set accordingly.

the

Article 10 of Protocol 3 to the Agreement on the
grant of
European Economic Area precludes
refunds in respect of exports to Liechtenstein,
Iceland
and Norway. Moreover, the Community has concluded
agreements with certain third countries abolishing export
refunds. In accordance with Article 7(2) of Regulation
(EEC) No 2825/93, this should therefore be taken into
account
the coefficients for the
period 2005/2006,

in the calculation of

HAS ADOPTED THIS REGULATION:

Article 1

For the period 1 October 2005 to 30 September 2006, the
coefficients referred to in Article 4 of Regulation (EEC) No
2825/93 applicable to cereals used in the United Kingdom in
the production of Scotch whisky shall be as set out in the
Annex hereto.

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

It shall apply from 1 October 2005.

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

Done at Brussels, 11 November 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 270, 21.10.2003, p. 78. Regulation as

(EC) No 1154/2005 (OJ

amended by
L 187,

Commission Regulation
19.7.2005, p. 11).

(2) OJ L 258, 16.10.1993, p. 6. Regulation as last amended by Regu-

lation (EC) No 1633/2000 (OJ L 187, 26.7.2000, p. 29).

L 296/16

EN

Official Journal of the European Union

12.11.2005

ANNEX

Coefficients applicable in the United Kingdom

Coefficient applicable

Period of application

1 October 2005 to
30 September 2006

to malted barley used in the production
of malt whisky

to cereals used in the production of grain
whisky

0,543

0,551