CELEX: 31994R3035
Language: en
Date: 1994-12-13 00:00:00
Title: COMMISSION REGULATION (EC) No 3035/94 of 13 December 1994 fixing the import levies on cereals and on wheat or rye flour, groats and meal

No L 321 /28                            Official Journal of the European Communities                                14. 12. 94
                                       COMMISSION REGULATION (EC) No 3035/94
                                                     of 13 December 1994
                     fixing the import levies on cereals and on wheat or rye flour, groats and meal
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       applying the coefficients of equivalence provided for in
                                                                   Regulation (EEC) No 1621 /93 ;
 Having regard to the Treaty establishing the European
 Community,                                                        Whereas, where information or quotations are unavailable,
                                                                   the cif price for certain flours may be determined by
                                                                   applying a coefficient to the cif price of the basic cereal ;
 Having regard to Council Regulation (EEC) No 1766/92              whereas this coefficient is fixed in Article 2 of Regulation
 of 30 June 1992 on the common organization of the                 (EEC) No 1621 /93 ;
 market in cereals ('), as last amended by Regulation (EC)
 No 1 866/94 (2), and in particular Articles 10 (5) and 11 (3)
 thereof,                                                          Whereas the cif price is calculated for Rotterdam on the
                                                                   basis of the abovementioned elements, offers for other
                                                                   ports being adjusted, account being taken of the correc­
 Having regard to Council Regulation (EEC) No 3813/92              tions necessitated by the differences in transport charges
 of 28 December 1992 on the unit of account and the
                                                                   in relation to Rotterdam ;
 conversion rates to be applied for the purposes of the
 common agricultural policy (3), amended by Regulation
 (EC) No 3528/93 (4),                                              Whereas the cif price remains unchanged where data are
                                                                   lacking or under the conditions laid down in Article 1 (3)
                                                                   of Regulation (EEC) No 1621 /93 ;
 Whereas the first subparagraph of Article 10(1 ) of Regu­
 lation (EEC) No 1766/92 provides that a levy must be
 charged on imports of the products listed in Article 1 (1 )       Whereas in the case of malt the levy is made up of a vari­
(a) (b) and (c) of that Regulation and that, except for malt,      able component and a fixed component ; whereas the
 the levy is equal to the threshold price less the cif price ;     fixed component is determined in the second subpara­
whereas the levy applying to rye is charged in the case of         graph of Article 3 of Regulation (EEC) No 1621 /93 ;
 triticale ;                                                       whereas the variable component is fixed, in accordance
                                                                   with Article 11 (1 ) A of Regulation (EEC) No 1766/92,
                                                                   account being taken of the quantity of basic cereal
Whereas, the threshold prices for cereals, wheat and rye           required to manufacture malt ; whereas to this end Article
 flours, and wheat groats and meal, are fixed for the              3 of Regulation (EEC) No 1621 /93 fixes the coefficients
 1994/95 marketing year by Council Regulations (EEC)               applying to the levies for basic cereals ;
 No 1766/92 and (EC) No 1867/94 (*) and Commission
Regulations (EEC) No 1580/93 0, (EEC) No 1709/93 0
and (EC) No 1474/94 (8) ;                                          Whereas Council Regulations (EC) No 3491 /93 (n) and
                                                                   (EC) No 3492/93 (12), on certain procedures for applying
                                                                   the Europe Agreement establishing an association
Whereas, for the purpose of calculating the cif prices used        between the European Communities and their Member
to determine the levies, the Commission must take into             States, of the one part, and the Republics of Hungary and
account the factors indicated in Commission Regulation             Poland, of the other part, and Council Regulation (EEC)
No 1621 /93 (9), as amended by Regulation (EC) No                  No 520/92 of 27 February 1992 on certain rules for
795/94 (10), and in particular the most favourable purcha­         applying the Interim Agreement on trade and trade­
sing opportunities on the world market which are suffi­            related matters between the European Economic Commu­
cently representative of the real market trend account             nity and the European Coal and Steel Community, of the
being taken in particular of both the need to prevent              one part, and the Czech and Slovak Federal Republic, of
sudden variations likely to cause abnormal disturbances            the other part (13), as amended by Regulation (EEC) No
on the Community market and of the quality of the                  2235/93 (14), and in particular Article 1 thereof introduce
goods offered, whether this quality corresponds to the             arrangements for reducing import levies on certain
standard quality laid down by Regulation (EEC) No                  products ; whereas Commission Regulation (EC) No
 1580/93, or whether adjustments need to be made by                121 /94 (1S), as amended by Regulation (EC) No 3003/
                                                                   94 (16), lays down detailed rules for applying the arrange­
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                             ments provided for in these agreements as regards
(2) OJ No L 197, 30. 7. 1994, p. 1 .                               cereals ;
(3) OJ No L 387, 31 . 12. 1992, p. 1 .
O OJ No L 320, 22. 12. 1993, p. 32.
0 OJ No L 197, 30. 7. 1994, p. 3.                                  (")  OJ  No  L 319, 21 . 12. 1993, p. 1 .
0 OJ No L 152, 24. 6. 1993, p. 14.                                 (12) OJ  No  L 319, 21 . 12. 1993, p. 4.
O OJ No L 159, 1 . 7. 1993, p. 80.                                 (13) OJ  No  L 56, 29. 2. 1992, p. 9.
(8) OJ No L 159, 28. 6. 1994, p. 30.                               (14) OJ  No  L 200, 10. 8. 1993, p. 5.
n OJ No L 155, 26. 6. 1993, p. 36.                                 H    OJ  No  L 21 , 26. 1 . 1994, p. 3.
(10) OJ No L 92, 9 . 4. 1994, p. 17.                               H    OJ  No  L 317, 10. 12. 1994, p. 4.
 ---pagebreak---   14. 12. 94                              Official Journal of the European Communities                            No L 321 /29
 Whereas Council Regulation (EC) No 774/94 of 29 March               the amount expressed in the currency of third countries
  1994 (') has opened Community tariff quotas for certain            and are the basis for calculating the agricultural conver­
 agricultural products and fixed the levies to be applied on         sion rates of the Member States' currencies ; whereas the
 imports of those products ; whereas Commission Regula­              detailed rules for determining and applying the said
 tion (EC) No 1 854/94 (2), as amended by Regulation (EC)            conversions are laid down in Commission Regulation
 No 2547/94 (3), has established the detailed rules of the           (EEC) No 1068/93 (n), as amended by Regulation (EC) No
 import regime for cereals laid down in Regulation (EC)              547/94 (12) ;
 No 774/94 ;
                                                                     Whereas, in order to make it possible for the levy arrange­
 Whereas the Interim Agreement on trade and trade­                   ments to function normally, the representative market
 related matters between the Community and the Republic              rate established during the reference period from 12
 of Bulgaria (4), signed in Brussels on 8 March 1993,                December 1994 as regards floating currencies, should be
 entered into force on 31 December 1993 ; whereas the                used to calculate the levies ;
 Interim Agreement on trade and trade-related matters
 between the Community and Romania (*), signed in Brus­             Whereas it follows from applying all the provisions of the
 sels on 1 February 1993, entered into force on 1 May                abovementioned Regulations that the levies should be
 1 993 ; whereas the said Agreements provide for a reduc­            fixed in accordance with the Annex to this Regulation ;
 tion in the import levy for certain products ; whereas             whereas the levy is altered only where the calculation
 Commission Regulation (EC) No 335/94 (6), as last                   results in a variation of ECU 1,50 or more per tonne,
 amended by Regulation (EC) No 1606/94 0, lays down                  pursuant to the third subparagraph of Article 5 of Regula­
 detailed rules for applying the arrangements provided for           tion (EEC) No 1621 /93, compared to the levy previously
 in these agreements as regards cereals ;                           set,
Whereas Council Regulation (EEC) No 715/90 (8), as last
 amended by Regulation (EC) No 2484/94 (9), lays down
 the arrangements applicable on agricultural products and            HAS ADOPTED THIS REGULATION :
 certain goods resulting from the processing of agricultural
 products originating in the African, Caribbean and Pacific
States or in the overseas countries and territories ;                                         Article 1
Whereas, pursuant to Article 101 (1 ) of Council Decision           The import levies to be charged on the products listed in
91 /482/EEC of 25 July 1991 on the association of the               Article 1 ( 1 ) (a), (b) and (c) of Regulation (EEC) No
 overseas countries and territories with the European                1766/92 shall be as set out in the Annex hereto .
 Economic Community (,0), no levies shall apply on
imports of products originating in the overseas countries
and territories ;                                                                             Article 2
Whereas the representative market rates defined in Article          This Regulation shall enter into force on 14 December
 1 of Regulation (EEC) No 3813/92 are used for converting            1994.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 13 December 1994.
                                                                               For the Commission
                                                                                  Rene STEICHEN
                                                                          Member of the Commission
0   OJ  No  L  91 , 8 . 4. 1994, p. 1 .
(2) OJ  No  L  192, 28 . 7. 1994, p. 31 .
(3) OJ  No  L  270, 21 . 10. 1994, p. 7.
(4) OJ  No  L  323, 23. 12. 1993, p. 2.
0   OJ  No  L  81 , 2. 4. 1993, p. 2.
(*) OJ  No  L  43, 16. 2. 1994, p. 4.
I7) OJ No L 168, 2. 7. 1994, p. 13.
(8) OJ No L 84, 30. 3. 1990, p. 85.
(9) OJ No L 265, 15. 10. 1994, p. 3.                                (") OJ No L 108, 1 . 5. 1993, p. 106.
(,0) OJ No L 263, 19 . 9. 1991 , p. 1 .                             (12) OJ No L 69, 12. 3 . 1994, p. 1 .
 ---pagebreak--- No L 321 /30                             Official Journal of the European Communities                                              14. 12. 94
                                                                    ANNEX
              to the Commission Regulation of 13 December 1994 fixing the import levies on cereals and
                                                on wheat or rye flour, groats and meal
                                                                                                                      (ECU/tonne)
                                       CN code                                             Third countries (8)
                                      0709 90 60                                              85,85 (2) (3)
                                      0712 90 19                                              85,85 (2)(3)
                                      1001 10 00                                                2,52 (') 0 (")
                                      1001 9091                                               57,08
                                      1001 9099                                               57,08 (9)(n)
                                      1002 00 00                                            107,59 (6)
                                      1003 00 10                                              87,09
                                      1003 00 90                                              87,09 (9)
                                      1004 00 00                                              91,42
                                      1005 10 90                                              85,85 (2)(3)
                                      1005 90 00                                              85,85 00
                                      1007 00 90                                              86,25 (4)
                                      1008 10 00                                              31,41 (9)
                                      1008 20 00                                              32,62 (4)0
                                      1008 30 00                                                0 0
                                      1008 90 10                                                  0
                                      1008 90 90                                                0
                                      1101 00 00                                            1 1 5,90 0
                                      1102  10  00                                          187,90
                                      1103  11  10                                            38,31
                                      1103  11  90                                          137,97
                                      1107  10  11                                          112,48
                                      1107  10  19                                            86,80
                                      1107 10 91                                            165,90 (10)
                                      1107 1099                                             126,71 (9)
                                      1107 20 00                                            145,87 (10)
              (') Where durum wheat originating in Morocco is transported directly from that country to the Community, the
                  levy is reduced by ECU 0,60/tonne.
              (2) In accordance with Regulation (EEC) No 715/90 the levies are not applied to products imported directly into
                  the French overseas departments, originating in the African, Caribbean and Pacific States.
              (3) Where maize originating in the ACP is imported into the Community the levy is reduced by ECU 1,81 /tonne.
              (4) Where millet and sorghum originating in the ACP is imported into the Community the levy is applied in
                  accordance with Regulation (EEC) No 715/90.
              (*) Where durum wheat and canary seed produced in Turkey are transported directly from that country to the
                  Community, the levy is reduced by ECU 0,60/tonne.
              (*) The import levy charged on rye produced in Turkey and transported directly from that country to the Commu­
                  nity is laid down in Council Regulation (EEC) No 1 180/77 (OJ No L 142, 9. 6. 1977, p. 10), as last amended by
                  Regulation (EEC) No 1902/92 (OJ No L 192, 11 . 7. 1992, p. 3), and Commission Regulation (EEC) No 2622/71
                  (OJ No L 271 , 10. 12. 1971 , p. 22), as amended by Regulation (EEC) No 560/91 (OJ No L 62, 8. 3. 1991 , p. 26).
              0 The levy applicable to rye shall be charged on imports of the product falling within CN code 1008 90 10
                  (triticale).
              (8) No levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC.
              C) Products falling within this code, imported from Poland or Hungary under the Agreements concluded between
                  those countries and the Community and under the Interim Agreement between the Czech Republic, the Slovak
                  Republic, Bulgaria and Romania and the Community and in respect of which EUR.l certificates issued in accor­
                  dance with amended Regulation (EC) No 121 /94 or (EC) No 335/94 have been presented, are subject to the
                  levies set out in the Annex to that Regulation.
             (10) In accordance with Council Regulation (EEC) No 1180/77 this levy is reduced by ECU 5,44 per tonne for
                  products originating in Turkey.
             (") The levy for the products falling within this code in accordance with Regulation (EC) No 774/94 is restricted
                  under the conditions of this Regulation.