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
Commission Regulation (EC) No 1353/2005of 17 August 2005correcting Regulation (EC) No 664/2005 fixing the export refunds on products processed from cereals and riceTHE 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 cerealsOJ L 270, 21.10.2003, p. 78. Regulation amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11)., 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 riceOJ L 270, 21.10.2003, p. 96., 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/ECOJ L 23, 26.1.2005, p. 17..(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 664/2005OJ L 108, 29.4.2005, p. 29. 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,HAS ADOPTED THIS REGULATION:
Article 1The Annex to Regulation (EC) No 664/2005 is hereby replaced by the text in the Annex hereto.Article 2This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.It shall apply from 29 April 2005.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 17 August 2005.For the CommissionMariann Fischer BoelMember of the CommissionANNEX"ANNEXexport refunds on products processed from cereals and rice
No refunds shall be granted in respect of products given a heat treatment resulting in pre-gelatinisation of the starch.Refunds are granted in accordance with Council Regulation (EEC) No 2730/75 (OJ L 281, 1.11.1975, p. 20), as amended.NB: The product codes and the "A" series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1), as amended.The numeric destination codes are set out in Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).The other destinations are defined as follows:C10All destinationsC11All destinations, except for BulgariaC12All destinations, except for RomaniaC13All destinations, except for Bulgaria and Romania."