Commission Regulation (EC) No 94/2008 of 31 January 2008 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: 2008-01-31
Institutions: European Commission
Subjects: barley, common wheat, durum wheat, export refund, maize, oats, rice, rye

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Official Journal of the European Union

1.2.2008

COMMISSION REGULATION (EC) No 94/2008

of 31 January 2008

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 29
September 2003 on the common organisation of the market in
rice (2), and in particular Article 14(3) thereof,

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 or 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 1043/2005 of 30 June
2005 implementing Council Regulation (EC) No 3448/93
as regards the system of 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
the
products for which a rate of refund is to be fixed, to be
applied where these products are 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 as appro-
priate.

such refunds (3),

specifies

In accordance with the first paragraph of Article 14 of
Regulation (EC) No 1043/2005, the rate of the refund
per 100 kilograms for each of the basic products in
question is to be fixed 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
long-
without, however, preventing the conclusion of

(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 270, 21.10.2003, p. 96. Regulation as last amended by
Commission Regulation (EC) No 797/2006 (OJ L 144, 31.5.2006,
p. 1).

(3) OJ L 172, 5.7.2005, p. 24. Regulation as last amended by Regu-

lation (EC) No 447/2007 (OJ L 106, 24.4.2007, p. 31).

(5)

(6)

(7)

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

Taking
settlement between the
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 15(2) and (3) of Regulation (EC) No
1043/2005, 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), for the basic product in question,
used during the assumed period of manufacture of the
goods.

the Act of Accession of

Spirituous beverages are considered less sensitive to the
price of the cereals used in their manufacture. However,
the United
Protocol 19 of
Kingdom,
the
Ireland and Denmark provides
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

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed
in Annex I to Regulation (EC) No 1043/2005 and in Article 1
of Regulation (EC) No 1784/2003 or in Article 1 of Regulation
(EC) No 1785/2003, and 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, shall be fixed as
set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 1 February 2008.

(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 1584/2004 (OJ L 280, 31.8.2004, p. 11).

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Official Journal of the European Union

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

Done at Brussels, 31 January 2008.

For the Commission

Heinz ZOUREK
Director-General Enterprise and Industry

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Official Journal of the European Union

1.2.2008

Rates of the refunds applicable from 1 February 2008 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 15(3) of Regulation (EC) No 1043/2005 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 15(3) of Regulation (EC) No 1043/2005 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 15(3) of Regulation (EC) No 1043/2005 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 15(3) of Regulation (EC) No 1043/2005 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

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(*) The rates set out in this Annex are not applicable to the goods listed in Tables I and II to Protocol No 2 to the Agreement between the
European Community and the Swiss Confederation of 22 July 1972 exported to the Swiss Confederation or to the Principality of
Liechtenstein.

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CN code

Description of products (1)

ex 1006 30

1006 40 00

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

Other

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(1) As far as agricultural products obtained from the processing of a basic product or/and assimilated products are concerned, the coefficients set out in Annex V to

Commission Regulation (EC) No 1043/2005 is applicable.

(2) The goods concerned fall 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 relates only to the glucose

syrup.