Commission Regulation (EC) No 120/94 of 25 January 1994 amending Regulation (EEC) No 1533/93 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals, and amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies

COMMISSION REGULATION (EC) No 120/94 of 25 January 1994 amending Regulation (EEC) No 1533/93 laying down certain detailed rules under Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in  the event of disturbance on the market for cereals, and amending Regulation (EEC) No 2131/93 laying down the procedure and conditions for the sale of cereals held by intervention agencies
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common oranization of the market in cereals (1), as amended by Regulation (EEC) No 2193/93 (2), and in particular Article 13 thereof,
Whereas, in order not to hinder the majority of Community exports by requesting proof of arrival at destination, Commission Regulation (EEC) No 1533/93 (3) provides that submission of such proof is not required for payment of refunds fixed by invitation  to tender whenever exportation takes place by sea; whereas those same provisions are laid down in Commission Regulation (EEC) No 2131/93 (4);
Whereas in the cereals sector the only refund rate lower than that applicable to exports to all third countries is that applicable to exports to Switzerland, Austria and Liechtenstein; whereas, as a result, provision should be made to ensure that  products for which an 'all third countries' refund rate has been granted are not exported to the aforementioned countries; whereas, consequently, the refund fixed by invitation to tender should be adjusted for exports intended for those countries;
Whereas, in order to ensure that exports are made by sea, Article 14 of Regulation (EEC) No 1533/93 and Article 17 (3) of Regulation (EEC) No 2131/93 provide that the minimum size of vessels suitable for sea transport is to be 2 500 tonnes GRT; whereas  it has been established that the concept of 'GRT' is not the most appropriate for the purposes of the aforementioned objectives; whereas, for those purposes, it is preferable to take the quantities actually loaded as the reference; whereas, as a result,  Regulations (EEC) No 1533/93 and (EEC) No 2131/93 should be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,