Commission Regulation (EC) No 1353/2005 of 17 August 2005 correcting Regulation (EC) No 664/2005 fixing the export refunds on products processed from cereals and rice

18.8.2005 EN Official Journal of the European Union L 213/9
COMMISSION REGULATION (EC) No 1353/2005
of 17 August 2005
correcting Regulation (EC) No 664/2005 fixing the export refunds on 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 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) The Agreement between the European Community and the Swiss Confederation amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products, hereinafter referred to as the Agreement, was approved by Council Decision 2005/45/EC (3).
(2) Article 4(3) of Protocol No 2 to the Agreement states that, in the case of sugar (harmonised system codes 1701, 1702 and 1703) used in the manufacture of the products listed in Tables I and II of that Protocol, the Contracting Parties may not grant any export refunds or any refund, remission or non-payment, partial or complete, of customs duties or charges having an equivalent effect.
(3) The products in the Annex to Commission Regulation (EC) No 664/2005 (4) falling within CN codes 1702305190, 1702305990, 1702309190, 1702309990, 1702409090, 1702905091, 1702905099, 1702907590 and 1702907990 do not appear in the above two tables. Article 4(3) of Protocol 2 of the Agreement does not therefore apply to them. A refund can therefore be granted for exports of these products to Switzerland.
(4) The destination codes laid down in the Annex to Regulation (EC) No 664/2005 should therefore be corrected to include Switzerland, with effect from 29 April 2005, the date on which the Regulation entered into force.
(5) The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,