CELEX: 51995EC1518
Language: en
Date: 2006-12-08
Title: Draft Commission Regulation (EC) No …/.. of […] laying down detailed rules for the application of Regulations (EC) No 1784/2003 and (EC) No 1785/2003 as regards the import and export system for products processed from cereals and rice (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

  laying down detailed rules for the application of Regulations (EC) No 1784/2003 and (EC) No 1785/2003 as regards the import and export system
                                                   for products processed from cereals and rice

                                                                (Codified version)

                                            ê 1518/95 (adapted)

                                                        COMMISSION REGULATION (EC) No …/…

                                                                      of […]

 laying down detailed rules for the application of Regulations (EC) No Ö 1784/2003 Õ and (EEC) No Ö 1785/2003 Õ as regards the import and export
                                               system for products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No Ö 1784/2003 Õ of Ö 29 September 2003 Õ on the common organization of the market in cereals [1] ,  and
in particular Articles 10(4), 11(4), Ö 18 and 21(2) Õ thereof,

Having regard to Council Regulation (EC) No Ö 1785/2003 Õ of Ö September 2003 Õ on the common organization of the market in  rice[2] ,  Ö and  in
particular Articles 11(4), 12(3), 19 and 22(2) thereof, Õ

Whereas:

                                            ê .

   1) Commission Regulation (EC) No 1518/95 of 29 June 1995 on laying down detailed rules for the application of Regulations (EEC) No 1418/76 and
      (EEC) No 1766/92 as regards the import and export system for products processed from cereals and  rice  and  amending  Regulation  (EC)  No
      1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice[3] has been
      substantially amended several times[4]. In the interests of clarity and rationality the said Regulation should be codified.

   2) ê 1518/95 Recital 1 (adapted)

   3) Ö In accordance with international obligations binding on the Community Õ rules should be laid down for the application of  the  system  of
      import duties and refunds applicable in trade with third countries in products processed from cereals and  from  rice,  excluding  compound
      feedingstuffs, for which special rules have been laid down.

                                            ê 1518/95 Recital 2

   4) The object of the refund should be to cover the difference between the prices for products within the Community and those  charged  on  the
      world market; whereas, for that purpose, criteria should be established for determining the refund essentially by reference  to  prices  of
      the basis products within and outside the Community, and to the outlets and conditions for the sale of  processed  products  on  the  world
      market.

                                            ê 1518/95 Recital 3 (adapted)

                                            ê 1518/95 Recital 4 (adapted)

                                            ê 2993/95 Recital 4

   5) Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals.

                                            ê 1518/95

HAS ADOPTED THIS REGULATION:

                                                                    Article 1

For the purposes of this Regulation:

(a)    «processed products» means the products or groups of products listed:

       (i)  in Annex I to Regulation (EC) No 1784/2003 , except the products falling within CN code ex 2309;

       (ii) in Article 1(c) of Regulation (EC) No 1785/2003 .

(b)    «basic products» means the cereals listed in Article 1(a) and (b) of Regulation (EC) No 1784/2003 and broken rice.

                                            ê 1518/95 (adapted)

                                            ê 1518/95

                                                                    Article 2

1. The refund which may be granted on processed products shall be determined with particular reference to:

(a)   the movements of prices for the basic products within the Community, compared with world market prices;

(b)   the quantities of basic products needed for the manufacture of the product in question and, where applicable, their interchangeability;

(c)   the possible cumulation of refunds applicable to various products obtained from one and the  same  process  and  one  and  the  same  basic
       product;

(d)   outlets and conditions of sale for processed products on the world market.

2. The refunds shall be fixed at least once a month.

                                                                    Article 3

                                            ê 1518/95 (adapted)

1. The refund shall be adjusted in accordance with Articles 14 and 15 of Commission Regulation (EC) No 1342/2003 [5].  The  adjustment  shall  be
made by increasing or decreasing the refund by the amount resulting from each of the adjustments referred to in paragraphs 1 and 3 of Article  14
of Regulation (EC) No 1342/2003 , per tonne of basic product, multiplied by the coefficient listed in column 4 of Annex I Ö of this  Regulation Õ
against the processed product in question.

2. For the purposes of Article 15 of Regulation (EC) No 1784/2003 , the amount zero shall not be considered to be a refund, and consequently  the
adjustment referred to in Article 15(1) of Regulation (EC) No 1342/2003 shall not apply.

                                            ê 1518/95

                                                                    Article 4

1. Member States shall inform the Commission, each day before 15.00 (Brussels time), of the  quantities  for  which  export  licences  have  been
applied for.

2. In the case of products processed from cereals and rice not mentioned in Article 8(1) of Regulation (EC) No 1342/2003 ,  Member  States  shall
inform the Commission, by Wednesday of each week in respect of the preceding week  and  for  each  product  code  as  defined  in  the  Annex  to
Commission Regulation (EEC) No 3846/87[6], of the quantities for which licences have been issued, broken  down  into  products  exported  with  a
refund and products exported without a refund.

                                            ê 1518/95 (adapted)

                                            ê 1518/95

                                                                    Article 5

1. Where, for one or more products, the conditions referred to in Article 21(1)  of  Regulation  (EC)  No  1784/2003  and  in  Article  22(1)  of
Regulation (EC) No 1785/2003 are met, the following measures may be taken by the Commission:

(a)   application of an export tax. This tax shall be fixed by the Commission once per week. It may be varied depending on the destination;

(b)   total or partial suspension of the issuing of export licences;

(c)   total or partial rejection of pending export licence applications.

2. The export tax referred to in paragraph 1(a) shall be that applicable on the day on which customs formalities are completed.

However, at the request of the applicant, submitted at the same time as the licence application, the export tax applicable on the day of  lodging
of the licence application shall apply to an export operation to be carried out during the period of validity of the licence.

3. The Commission shall notify the Member States of its decision and publish it.

                                                                    Article 6

The methods used for assessing the ash content, the fat content and the starch content, the denaturing process, and any other method of  analysis
necessary for the application of this Regulation as regards the import and export system, shall be determined, if necessary, in  accordance  with
the procedure referred to in Article 25(2) of Regulation (EC) No 1784/2003 and Article 26(2) of Regulation (EC) No 1785/2003 .

                                            ê 1518/95 (adapted)

                                            ê .

                                                                    Article 7

Regulation (EC) No 1518/95 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance  with  the  correlation
table in Annex III.

                                            ê 1518/95 (adapted)

                                                                    Article 8

This Regulation shall enter into force on the twentieth 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, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 1518/95

                                                                     ANNEX I

|CNcode/                     |Description of goods                                                  |Basic product     |Coefficient       |
|Product code                |                                                                      |                  |                  |
|1                           |2                                                                     |3                 |4                 |
|1102                        |Cereal flours other than of wheat or meslin:                          |                  |                  |
|1102 20 10 9200             |Maize (corn) flour, of a fat content not exceeding 1,3 % by weight and|Maize             |1,40              |
|                            |of a crude fibre content, referred to dry matter, not exceeding 0,8 % |                  |                  |
|                            |by weight                                                             |                  |                  |
|1102 20 10 9400             |Maize (corn) flour, of a fat content exceeding 1,3 % but not exceeding|Maize             |1,20              |
|                            |1,5 % by weight and of a crude fibre content, referred to dry matter, |                  |                  |
|                            |not exceeding 1 % by weight                                           |                  |                  |
|1102 20 90 9200             |Maize (corn) flour, of a fat content exceeding 1,5 % but not exceeding|Maize             |1,20              |
|                            |1,7 % by weight and of a crude fibre content, referred to dry matter, |                  |                  |
|                            |not exceeding 1 % by weight                                           |                  |                  |
|1102 90 10 9100             |Other, barley flour, of an ash content, referred to dry matter, not   |Barley            |1,50              |
|                            |exceeding 0,9 % by weight and of a crude fibre content, referred to   |                  |                  |
|                            |dry matter, not exceeding 0,9 % by weight                             |                  |                  |
|1102 90 10 9900             |Other, barley flour, other                                            |Barley            |1,02              |
|1102 90 30 9100             |Other, oat flour, of an ash content, referred to dry matter, not      |Oats              |1,80              |
|                            |exceeding 2,3 % by weight, of a crude fibre content, referred to dry  |                  |                  |
|                            |matter, not exceeding 1,8 % by weight, of a moisture content not      |                  |                  |
|                            |exceeding 11 % and of which the peroxidase is virtually inactivated   |                  |                  |
|1103                        |Cereal groats, meal and pellets:                                      |                  |                  |

                                            ê 1518/95 (adapted)

                                            ê 1518/95

|1103 13 10 9100             |Groats and meal, of maize (corn), of a fat content exceeding 0,9 % by |Maize             |1,80              |
|                            |weight and of a crude fibre content, referred to dry matter, not      |                  |                  |
|                            |exceeding 0,6 % by weight                                             |                  |                  |
|1103 13 10 9300             |Groats and meal, of maize (corn), of a fat content exceeding 0,9 % but|Maize             |1,40              |
|                            |not exceeding 1,3 % by weight and of a crude fibre content, referred  |                  |                  |
|                            |to dry matter, not exceeding 0,8 % by weight                          |                  |                  |
|1103 13 10 9500             |Groats and meal, of maize (corn), of a fat content exceeding 1,3 % but|Maize             |1,20              |
|                            |not exceeding 1,5 % by weight and of a crude fibre content, referred  |                  |                  |
|                            |to dry matter, not exceeding 1 % by weight                            |                  |                  |
|1103 13 90 9100             |Groats and meal, of maize (corn), other, of a fat content exceeding   |Maize             |1,20              |
|                            |1,5 % but not exceeding 1,7 % by weight and of a crude fibre content, |                  |                  |
|                            |referred to dry matter, not exceeding 1 % by weight                   |                  |                  |
|1103 19 10 9000             |Groats and meal, of rye                                               |Rye               |1,00              |
|1103 19 30 9100             |Groats and meal, of barley, of an ash content, referred to dry matter,|Barley            |1,55              |
|                            |not exceeding 1 % by weight and of a crude fibre content, referred to |                  |                  |
|                            |dry matter, not exceeding 0,9 % by weight                             |                  |                  |

                                            ê 1518/95 (adapted)

|Ö 1103 19 40 9100 Õ         |Ö Groats and meal, of oats, of an ash content, referred to dry matter,|Ö Oats Õ          |Ö 1,80 Õ          |
|                            |not exceeding 2,3 % by weight, of a tegument content not exceeding    |                  |                  |
|                            |0,1 %, of a moisture content not exceeding 11 % and of which the      |                  |                  |
|                            |peroxidase is virtually inactivated Õ                                 |                  |                  |

                                            ê 1518/95

|1103 20 20 9000             |Pellets, of barley                                                    |Barley            |1,02              |

                                            ê 1518/95 (adapted)

|Ö 1103 20 60 9000 Õ         |Ö Pellets, of wheat Õ                                                 |Ö Wheat Õ         |1, 02             |

                                            ê 1518/95

|1104                        |Cereal grains otherwise worked (for example, hulled, rolled, flaked,  |                  |                  |
|                            |pearled, sliced or kibbled), except rice of heading No 1006; germ of  |                  |                  |
|                            |cereals, whole, rolled, flaked or ground:                             |                  |                  |

                                            ê 1518/95 (adapted)

                                            ê 1518/95

|1104 12 90 9100             |Rolled or flaked grains, of oats, flaked, of an ash content, referred |Oats              |2,00              |
|                            |to dry matter, not exceeding 2,3 % by weight, of a tegument content   |                  |                  |
|                            |not exceeding 0,1 %, of a moisture content not exceeding 12 % and of  |                  |                  |
|                            |which the peroxidase is virtually inactivated                         |                  |                  |
|1104 12 90 9300             |Rolled or flaked grains, of oats, flaked, of an ash content, referred |Oats              |1,60              |
|                            |to dry matter not exceeding 2,3 % by weight, of a tegument content    |                  |                  |
|                            |exceeding 0,1 % but not exceeding 1,5 %, of a moisture content not    |                  |                  |
|                            |exceeding 12 % and of which the peroxidase is virtually inactivated   |                  |                  |
|1104 19 10 9000             |Rolled or flaked grains, of wheat                                     |Wheat             |1,02              |
|1104 19 50 9110             |Rolled or flaked grains, of maize, of a fat content referred to dry   |Maize             |1,60              |
|                            |matter not exceeding 0,9 % by weight and of a crude fibre content,    |                  |                  |
|                            |referred to dry matter, not exceeding 0,7 % by weight                 |                  |                  |
|1104 19 50 9130             |Rolled or flaked grains, of maize, of a fat content, referred to dry  |Maize             |1,30              |
|                            |matter, exceeding 0,9 % but not exceeding 1,3 % by weight and of a    |                  |                  |
|                            |crude fibre content, referred to dry matter, not exceeding 0,8 % by   |                  |                  |
|                            |weight                                                                |                  |                  |

                                            ê 1518/95 (adapted)

|Ö 1104 19 69 9100 Õ         |Ö Rolled or flaked grains, of barley, flaked, of an ash content,      |Ö Barley Õ        |Ö 1,50 Õ          |
|                            |referred to dry matter, not exceeding 1 % by weight and of a crude    |                  |                  |
|                            |fibre content, referred to dry matter, not exceeding 0,9 % Õ          |                  |                  |

                                            ê 1518/95
                                            è1 2993/95 Art. 1.1

|è1 1104 22 20 9100 ç        |Grains, of oats, hulled (shelled or husked), of an ash content,       |Oats              |1,60              |
|                            |referred to dry matter, not exceeding 2,3 % by weight, of a tegument  |                  |                  |
|                            |content not exceeding 0,5 %, of a moisture content not exceeding      |                  |                  |
|                            |0,5 %, of a moisture content not exceeding 11 % and of which the      |                  |                  |
|                            |peroxidase is virtually inactivated                                   |                  |                  |
|1104 22 30 9100             |Grains, of oats, hulled and sliced or kibbled («Grütze» or «grutten»),|Oats              |1,70              |
|                            |of an ash content, referred to dry matter, not exceeding 2,3 % by     |                  |                  |
|                            |weight, of a tegument content not exceeding 0,1 %, of a moisture      |                  |                  |
|                            |content not exceeding 11 % and of which the peroxidase is virtually   |                  |                  |
|                            |inactivated                                                           |                  |                  |
|1104 23 10 9100             |Grains, of maize (corn), hulled (shelled or husked), whether or not   |Maize             |1,50              |
|                            |sliced or kibbled, of a fat content, referred to dry matter, not      |                  |                  |
|                            |exceeding 0,9 % by weight, of a crude fibre content, referred to dry  |                  |                  |
|                            |matter, not exceeding 0,6 % by weight («Grütze» or «grutten»)         |                  |                  |
|1104 23 10 9300             |Grains, of maize (corn), hulled (shelled or husked), whether or not   |Maize             |1,15              |
|                            |sliced or kibbled, of a fat content, referred to dry matter, exceeding|                  |                  |
|                            |0,9 % but not exceeding 1,3 % by weight, of a crude fibre content,    |                  |                  |
|                            |referred to dry matter, not exceeding 0,8 % by weight «Grütze» or     |                  |                  |
|                            |«grutten»)                                                            |                  |                  |

                                            ê 1518/95 (adapted)

|Ö 1104 29 01 9100 Õ         |Ö Grains, of barley, hulled (shelled or husked), of an ash content,   |Ö Barley Õ        |Ö 1,50 Õ          |
|                            |referred to dry matter, not exceeding 1 % by weight and of a crude    |                  |                  |
|                            |fibre content, referred to dry matter, not exceeding 0,9 % by weight Õ|                  |                  |
|Ö 1104 29 03 9100 Õ         |Ö Grains, of barley, hulled and sliced or kibbled («Grütze» or        |Ö Barley Õ        |Ö 1,50 Õ          |
|                            |«grutten»), of an ash content, referred to dry matter, not exceeding  |                  |                  |
|                            |1 % by weight and of a crude fibre content, referred to dry matter,   |                  |                  |
|                            |not exceeding 0,9 % by weight Õ                                       |                  |                  |
|Ö 1104 29 05 9100 Õ         |Ö Grains, of barley, pearled, of an ash content, referred to dry      |Ö Barley Õ        |Ö 2,00 Õ          |
|                            |matter, not exceeding 1 % by weight (without talc) — first category Õ |                  |                  |
|Ö 1104 29 05 9300 Õ         |Ö Grains, of barley, pearled, of an ash content, referred to dry      |Ö Barley Õ        |Ö 1,60 Õ          |
|                            |matter, not exceeding 1 % by weight (without talc) — Second category Õ|                  |                  |

                                            ê 1518/95

|1104 29 11 9000             |Grains, of wheat, hulled (shelled or husked), not sliced or kibbled   |Wheat             |1,02              |
|1104 29 51 9000             |Grains, of wheat, hulled (shelled or husked), not otherwise worked    |Wheat             |1,00              |
|                            |than kibbled                                                          |                  |                  |
|1104 29 55 9000             |Grains, of rye, hulled (shelled or husked), not otherwise worked than |Wheat             |1,00              |
|                            |kibbled                                                               |                  |                  |
|1104 30 10 9000             |Germ, of wheat, whole, rolled, flaked or ground                       |Wheat             |0,25              |
|1104 30 90 9000             |Germ, of cereals, other, whole, rolled, flaked or ground              |Maize             |0,25              |

                                            ê 1518/95 (adapted)

                                            ê 1518/95

|1108                        |Starches; inulin:                                                     |                  |                  |
|1108 11 00 9200             |Wheat starch, of a dry matter content of not less than 87 % and a     |Wheat             |2,00              |
|                            |purity in the dry matter of not less than 97 %                        |                  |                  |
|1108 11 00 9300             |Wheat starch, of a dry matter content of not less than 84 % but less  |Wheat             |2,00              |
|                            |than 87 % and a purity in the dry matter of not less than 97 %        |                  |                  |
|1108 12 00 9200             |Maize (corn) starch, of a dry matter content of not less than 87 % and|Maize             |1,60              |
|                            |a purity in the dry matter of not less than 97 %                      |                  |                  |
|1108 12 00 9300             |Maize (corn) starch, of a dry matter content of not less than 84 % but|Maize             |1,60              |
|                            |less than 87 % and a purity in the dry matter of not less than 97 %   |                  |                  |
|1108 13 00 9200             |Potato starch, of a dry matter content of not less than 80 % and a    |Maize             |1,60              |
|                            |purity in the dry matter of not less than 97 %                        |                  |                  |
|1108 13 00 9300             |Potato starch, of a dry matter content of not less than 77 % but less |Maize             |1,60              |
|                            |than 80 % and a purity in the dry matter of not less than 97 %        |                  |                  |
|1108 19 10 9200             |Rice starch, of a dry matter content of not less than 87 % and a      |Rice              |1,52              |
|                            |purity in the dry matter of not less than 97 %                        |                  |                  |
|1108 19 10 9300             |Rice starch, of a dry matter content of not less than 84 % but less   |Rice              |1,52              |
|                            |than 87 % and a purity in the dry matter of not less than 97 %        |                  |                  |
|1702                        |Other sugars, including chemically pure lactose, maltose, glucose and |                  |                  |
|                            |fructose, in solid form; sugar syrups not containing added flavouring |                  |                  |
|                            |or colouring matter; artificial honey, whether or not mixed with      |                  |                  |
|                            |natural honey; caramel                                                |                  |                  |
|1702 30 51 9000             |Glucose and glucose syrup, not containing fructose or containing in   |Maize             |2,09              |
|                            |the dry state less than 20 % by weight of fructose, Containing in the |                  |                  |
|                            |dry state 99 % or more by weight of glucose, in the form of white     |                  |                  |
|                            |crystalline powder, whether or not agglomerated                       |                  |                  |
|1702 30 59 9000             |Glucose and glucose syrup, not containing fructose or containing in   |Maize             |1,60              |
|                            |the dry state less than 20 % by weight of fructose, containing in the |                  |                  |
|                            |dry state 99 % or more by weight of glucose, other                    |                  |                  |
|1702 30 91 9000             |Glucose and glucose syrup, not containing fructose or containing in   |Maize             |2,09              |
|                            |the dry state less than 20 % by weight of fructose, other, in the form|                  |                  |
|                            |of white crystalline powder, whether or not agglomerated              |                  |                  |
|1702 30 99 9000             |Glucose and glucose syrup, not containing fructose or containing in   |Maize             |1,60              |
|                            |the dry state less than 20 % by weight of fructose, other             |                  |                  |
|1702 40 90 9000             |Glucose and glucose syrup, containing in the dry state at least 20 %  |Maize             |1,60              |
|                            |but less than 50 % by weight of fructose, except invert sugar other   |                  |                  |
|1702 90 50 9100             |Maltodextrine, in white solid form, whether or not agglomerated       |Maize             |2,09              |
|1702 90 50 9900             |Maltodextrine and maltodextrine syrup, other                          |Maize             |1,60              |
|1702 90 75 9000             |Caramel, in the form of powder, whether or not agglomerated           |Maize             |2,19              |
|1702 90 79 9000             |Caramel, other                                                        |Maize             |1,52              |
|2106 90 55 9000             |Food preparations not elsewhere specified or included, flavoured or   |Maize             |1,60              |
|                            |coloured sugar syrups, glucose syrup and maltodextrine syrup          |                  |                  |

                                                                 _______________

                                            é

                                                                     ANNEX II

                                                      Repealed Regulation with its amendment

|Commission Regulation (EC) No 1518/95                                                |(OJ L 147, 30.6.1995, p.55)                    |
|Commission Regulation (EC) No 2993/95                                               |(OJ L312, 23.12.1995, p.25)                   |

                                                                  _____________

                                                                    ANNEX III

                                                                Correlation Table

|Regulation (EC) No 1518/95                                           |This Regulation                                                      |
|________                                                             |Article 1 introductory wording                                       |
|Article 1(1) introductory wording                                    |Article1(a)                                                          |
|Article 1(1)(a)                                                      |Article 1(a)(i)                                                      |
|Article 1(1)(b)                                                      |Article 1(a)(ii)                                                     |
|Article 1(2)                                                         |Article 1(b)                                                         |
|Article 2                                                            |Article 2                                                            |
|Article 3                                                            |Article 3                                                            |
|Article 4                                                            |Article 4                                                            |
|Article 5                                                            |Article 5                                                            |
|Article 6                                                            |Article 6                                                            |
|Article 7                                                            |_________                                                            |
|Article 8                                                            |_________                                                            |
|_______                                                              |Article 7                                                            |
|Article 9                                                            |Article 8                                                            |
|Annex                                                                |Annex I                                                              |
|_______                                                              |Annex II                                                             |
|_______                                                              |Annex III                                                            |

                                                                  _____________

                                                             -----------------------
[1]    Ö OJ L 270, 21.10.2003, p.78. Õ
[2]    Ö OJ L 270, 21.10.2003, p.96 Õ
[3]   OJ L 147, 30.6.1995, p.55. Regulation as last amended by Regulation (EC) No 2993/95 (OJ L 312, 31.12.1995, p.25).
[4]   See Annex II
[5]    OJ L 189, 29.7.2003, p.12.
[6]   OJ L 366, 24.12.1987, p. 1.