(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

(1)

Article 13 of Regulation (EC) No 1784/2003 and Article 14 of Regulation (EC) No 1785/2003 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund.

(2)

Article 14 of Regulation (EC) No 1785/2003 provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market.

(3)

Article 4 of Commission Regulation (EC) No 1518/95 (3) on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated.

(4)

The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product.

(5)

There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time.

(6)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

(7)

The refund must be fixed once a month. It may be altered in the intervening period.

(8)

Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinised starch, no export refund is to be granted.

(9)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

(1)

Commission Regulation (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76 concerning production refunds in the cereals and rice sectors respectively (2) lays down the conditions for granting production refunds. The basis for calculating the refund is laid down in Article 3 of that Regulation. The refund thus calculated, differentiated where necessary for potato starch, must be fixed once a month and may be amended if the price of maize and/or wheat changes significantly.

(2)

The production refunds fixed in this Regulation should be adjusted by the coefficients listed in the Annex II to Regulation (EEC) No 1722/93 to establish the exact amount to be paid.

(3)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

(a)

EUR 19,28/tonne for starch from maize, wheat, barley and oats;

(b)

EUR 23,81/tonne for potato starch.

(1)

Article 29 of Regulation (EC) No 2100/94 has been amended in order to include a reference to compulsory licences provided for in Article 12 of Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions (2) and to replace the term ‘compulsory exploitation right’ by ‘compulsory licence’.

(2)

Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (3), which lays down the general principles and limits governing the right of access to documents provided for in Article 255 of the Treaty, has been made applicable to documents held by the Community Plant Variety Office by way of insertion of a new Article 33a in Regulation (EC) No 2100/94.

(3)

It is therefore appropriate to amend Commission Regulation (EC) No 1239/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards proceedings before the Community Plant Variety Office (4) accordingly.

(4)

The Administrative Council of the Community Plant Variety office has been consulted.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,

1.

Chapter IV of Title II is replaced by the following:

2.

Article 82 is replaced by the following:

3.

Article 84 is replaced by the following:

(1)

The purpose of Regulation (EC) No 2160/2003 is to ensure that proper and effective measures are taken to detect and control salmonella and other zoonotic agents at all relevant stages of production, processing and distribution, particularly at the level of primary production, in order to reduce their prevalence and the risk they pose to public health.

(2)

Under that Regulation a Community target is to be established for the reduction of the prevalence of all salmonella serotypes with public health significance in breeding flocks of Gallus gallus at the level of primary production.

(3)

Regulation (EC) No 2160/2003 provides that the Community target is to include a numerical expression of the maximum percentage of epidemiological units remaining positive and/or the minimum percentage of reduction in the number of epidemiological units remaining positive, the maximum time-limit within which the target must be achieved and the definition of the testing schemes necessary to verify achievement of the target. It is also to include a definition, where relevant, of serotypes with public health significance.

(4)

That Regulation also provides that for a transitional period of three years, the Community target for breeding flocks of Gallus gallus is to cover the five most frequent salmonella serotypes in human salmonellosis, which are to be identified on the basis of data collected through Community monitoring systems.

(5)

The information from Community monitoring systems shows that the five most frequent salmonella serotypes in human salmonellosis are Salmonella enteritidis, Salmonella hadar, Salmonella infantis, Salmonella typhimurium and Salmonella virchow. The Community target established by this Regulation should therefore cover those serotypes.

(6)

In order to set the Community target, comparable data on the prevalence of the concerned salmonella serotypes in breeding flocks of Gallus gallus in Member States should be available. The minimum requirements for control of salmonella in accordance with Council Directive 92/117/EEC (2) have been used as a basis for collecting the relevant data on prevalence in the Member States. Such information was collected during an appropriate period of time in all Member States in the year 2004.

(7)

In order to verify achievement of the target and taking into account the relatively low prevalence of the relevant salmonella serotypes in breeding flocks of Gallus gallus in the Community, it is necessary to organise repeated sampling of a representative number of flocks of a sufficient size, which should be 250 birds or more, as was required under Directive 92/117/EEC.

(8)

The testing scheme necessary to verify the achievement of the Community target is significantly different and likely to be more sensitive than the scheme that was used to collect comparable data in Member States pursuant to Directive 92/117/EEC. It is therefore necessary to provide for a review of the Community target after a maximum of one year of implementation of the corresponding national control programmes.

(9)

Due to that period of collection of information, comparable data were not available in time before the establishment of the Community target within the date laid down in Annex I to Regulation (EC) No 2160/2003 in relation to breeding flocks of Gallus gallus. The date of establishment of that target should therefore be extended with six months and Regulation (EC) No 2160/2003 should be amended accordingly.

(10)

The measures foreseen in Article 4(5) of Regulation (EC) No 2160/2003 for the establishment of the Community target in breeding flocks of Gallus gallus during the transitional period are based on the methodology for controlling salmonella already established pursuant to Directive 92/117/EEC, and the remaining aspects of the measures relate to risk management. The measures provided for in this Regulation have been prepared in a working group with the participation of the European Food Safety Authority (EFSA). Without prejudice to the requirement to consult EFSA provided for in Article 15 of Regulation (EC) No 2160/2003 on any matter that could have a significant impact on public health, a formal consultation of EFSA is not necessary at this stage.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

Article 4(4) of Council Regulation (EC) No 2007/2000 lays down that imports of sugar products under headings 1701 and 1702 of the Combined Nomenclature originating in Albania, Bosnia and Herzegovina and Serbia, Montenegro and Kosovo (2), shall be subject to annual duty-free tariff quotas. Those quotas should be opened on a multiannual basis and detailed rules should be adopted for their application for 12-month periods starting on 1 July.

(2)

In view of introducing a duty free tariff quota in order to ensure an economically sustainable development of the sugar sectors of the countries concerned as well as considering the relatively large quantity approved for Serbia, Montenegro and Kosovo, the tariff quota of this country should be managed according to a system of export certificates issued by authorities in that country. The form and layout of this certificate and the procedures for using them should be specified.

(3)

To ensure efficient management of preferential imports under this Regulation, measures need to be adopted making it possible for the Member States to keep records of the relevant data, and to report them to the Commission.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

(a)

‘import period’ means the one-year-period from 1 July to 30 June the following year;

(b)

‘working day’ means a working day at the Commission offices in Brussels.

(a)

in section 8, ‘Albania’, ‘Bosnia and Herzegovina’ or ‘Serbia, Montenegro and Kosovo’, the word ‘yes’ being marked with a cross. Import licences shall be valid only for products originating in Albania, Bosnia and Herzegovina or Serbia, Montenegro and Kosovo.

(b)

in section 20 for Albania, one of the entries listed in Part A of Annex II.

(c)

in section 20 for Bosnia and Herzegovina, one of the entries listed in Part B of Annex II.

(d)

in section 20 for Serbia, Montenegro and Kosovo, one of the entries listed in Part C of Annex II.

(1)

Article 2(1)(a) of Regulation (EC) No 1260/2001 fixes the intervention price for white sugar for non-deficit areas at EUR 631,9/tonne for the 2001/2002 to 2005/2006 marketing years.

(2)

Article 2(1)(b) of that Regulation provides that derived intervention prices for white sugar are to be fixed for each deficit area each year. When those prices are fixed, account is to be taken of the regional variations in the price of sugar, which, given a normal harvest and free movement of sugar, may be expected to occur under natural conditions of price formation on the market and in view of experience gained and the costs of transporting sugar from surplus areas to deficit areas.

(3)

To establish whether an area is a deficit area, projections should be made on the basis of the data returned by the Member States relating both to the current marketing year as regards consumption trends, and to the prospects for the coming marketing year as regards developments in available production. As a result, areas should be recognised as deficit areas only where the projections clearly indicate that a deficit is likely to occur.

(4)

On this basis, the areas of production in Spain, Ireland and the United Kingdom, Portugal and Finland are likely to be deficit areas.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

(a)

EUR 648,80/tonne for all areas in Spain;

(b)

EUR 646,50/tonne for all areas in Ireland and the United Kingdom;

(c)

EUR 646,50/tonne for all areas in Portugal;

(d)

EUR 646,50/tonne for all areas in Finland.

(1)

Decision 2005/476/EC lays down special procedures for calculating the customs duties applying to Community imports of husked rice falling within CN code 1006 20 between 1 March 2005 and 30 June 2006. The necessary measures should therefore be taken as regards the customs duties applicable to imports of husked rice falling within CN code 1006 20 for the transitional period in question.

(2)

Decision 2005/476/EC also extends to 30 June 2006 the maximum period in which the Commission, pending the Regulation amending Article 11(2) of Regulation (EC) No 1785/2003, can adopt the measures on rice import arrangements by way of a derogation from Regulation (EC) No 1785/2003.

(3)

To prevent the arrangements laid down in Decision 2005/476/EC from being disrupted by improper import licence applications, the security for husked rice import licences should be set at a sufficiently high level. To this end a derogation should be made to Article 12(a) of Commission Regulation (EC) No 1342/2003 of 28 July 2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice (3).

(4)

As the Agreement approved by Decision 2005/476/EC applies from 1 March 2005, application of this Regulation as regards the customs duties applicable to husked rice imports and the amendments that result from it as regards wholly milled rice and basmati rice should apply from that same date.

(5)

Commission Regulation (EC) No 1549/2004 (4) should therefore be amended..

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

(a)

Article 1 is replaced by the following:

(b)

the following Article 1a is added:

(c)

the following Article 1b is inserted:

(d)

the following Article 1c is inserted:

(e)

the second paragraph of Article 9 is deleted;

(f)

in Article 10 ‘the import duties referred to in Article 1(1) of this Regulation’ is replaced by ‘the import duties for husked rice established in accordance with Article 1 of this Regulation or, as appropriate, the import duty for wholly milled rice referred to in Article 1b,’;

(g)

in Article 11, ‘30 June 2005’ is replaced by ‘30 June 2006’;

(h)

in Annex I, the title is replaced by:

‘Varieties referred to in Article 1c ’.

(1)

Based on the information provided by the competent authorities, the Commission notes that import licences for husked rice falling within CN code 1006 20, other than import licences for basmati rice, were issued in respect of 212 325 tonnes for the period from 1 September 2004 to 28 February 2005. In accordance with Article 1 of Regulation (EC) No 1549/2004, the import duty on husked rice falling within CN code 1006 20 other than basmati rice must therefore be adjusted. This adjustment must take effect on 1 March 2005 to take account of the application on that date of Regulation (EC) No 1006/2005 amending Regulation (EC) No 1549/2004.

(2)

As the applicable duty must be fixed within three days of the entry into force of Regulation (EC) No 1006/2005, this Regulation should enter into force immediately. Because this duty is being fixed retroactively, provision should be made to reimburse the traders concerned any duty overpayments, at their request,

(1)

Commission Regulation (EC) No 2771/1999 (2) provides for an intervention system for the buying-in of butter at fixed prices.

(2)

Article 4(1) of Regulation (EC) No 1255/1999 provides for reductions of the intervention prices of butter. It is therefore necessary to specify the intervention price to be used for the calculation of the buying-in price when the intervention price changes.

(3)

Regulation (EC) No 2771/1999 should therefore be amended accordingly.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

(1)

Article 7(1) of Commission Regulation (EC) No 2799/1999 (2) fixes the amount of aid for skimmed milk and skimmed-milk powder intended for animal feed taking into account the factors set out in Article 11(2) of Regulation (EC) No 1255/1999. In view of reduction in the intervention price of skimmed milk powder from 1 July 2005, the amount of aid should be reduced.

(2)

Regulation (EC) No 2799/1999 should therefore be amended accordingly.

(3)

The Management Committee for Milk and Milk Products has not delivered an opinion within the time-limit set by its chairman,

(1)

Pursuant to Commission Regulation (EC) No 1423/95 of 23 June 1995 laying down detailed implementing rules for the import of products in the sugar sector other than molasses (2), the cif import prices for raw sugar and white sugar set in accordance with Commission Regulation (EEC) No 784/68 (3) are to be considered the representative prices. Those prices are fixed for the standard qualities defined in Annex I(I) and II to Regulation (EC) No 1260/2001.

(2)

For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 2 of Regulation (EEC) No 764/68, except in the cases provided for in Article 3 of that Regulation.

(3)

For the purpose of adjusting prices not relating to the standard quality, the price increases or reductions referred to in Article 5(1)(a) of Regulation (EEC) No 784/68 must be applied to the offers taken into consideration in the case of white sugar. In the case of raw sugar, the corrective factors provided for in point (b) of that paragraph must be applied.

(4)

Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1423/95.

(5)

The representative prices and additional import duties for the products concerned should be fixed in accordance with the second paragraph of Article 1(2) and Article 3(1) of Regulation (EC) No 1423/95.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

(1)

Commission Regulation (EC) No 1422/95 of 23 June 1995 laying down detailed rules of application for imports of molasses in the sugar sector and amending Regulation (EEC) No 785/68 (2), stipulates that the cif import price for molasses established in accordance with Commission Regulation (EEC) No 785/68 (3), is to be considered the representative price. That price is fixed for the standard quality defined in Article 1 of Regulation (EEC) No 785/68.

(2)

For the purpose of fixing the representative prices, account must be taken of all the information provided for in Article 3 of Regulation (EEC) No 785/68, except in the cases provided for in Article 4 of that Regulation and those prices should be fixed, where appropriate, in accordance with the method provided for in Article 7 of that Regulation.

(3)

Prices not referring to the standard quality should be adjusted upwards or downwards, according to the quality of the molasses offered, in accordance with Article 6 of Regulation (EEC) No 785/68.

(4)

Where there is a difference between the trigger price for the product concerned and the representative price, additional import duties should be fixed under the terms laid down in Article 3 of Regulation (EC) No 1422/95. Should the import duties be suspended pursuant to Article 5 of Regulation (EC) No 1422/95, specific amounts for these duties should be fixed.

(5)

The representative prices and additional import duties for the products concerned should be fixed in accordance with Articles 1(2) and 3(1) of Regulation (EC) No 1422/95.

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

(1)

Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(a) of that Regulation and prices for those products within the Community may be covered by an export refund.

(2)

Regulation (EC) No 1260/2001 provides that when refunds on white and raw sugar, undenatured and exported in its unaltered state, are being fixed account must be taken of the situation on the Community and world markets in sugar and in particular of the price and cost factors set out in Article 28 of that Regulation. The same Article provides that the economic aspect of the proposed exports should also be taken into account.

(3)

The refund on raw sugar must be fixed in respect of the standard quality. The latter is defined in Annex I, point II, to Regulation (EC) No 1260/2001. Furthermore, this refund should be fixed in accordance with Article 28(4) of that Regulation. Candy sugar is defined in Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2). The refund thus calculated for sugar containing added flavouring or colouring matter must apply to their sucrose content and, accordingly, be fixed per 1 % of the said content.

(4)

In special cases, the amount of the refund may be fixed by other legal instruments.

(5)

The refund must be fixed every two weeks. It may be altered in the intervening period.

(6)

The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

(7)

The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial.

(8)

To prevent any abuse through the re-import into the Community of sugar products in receipt of an export refund, no refund should be set for all the countries of the western Balkans for the products covered by this Regulation.

(9)

In view of the above and of the present situation on the market in sugar, and in particular of the quotations or prices for sugar within the Community and on the world market, refunds should be set at the appropriate amounts.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

(1)

Article 27 of Regulation (EC) No 1260/2001 provides that the difference between quotations or prices on the world market for the products listed in Article 1(1)(d) of that Regulation and prices for those products within the Community may be covered by an export refund.

(2)

Article 3 of Commission Regulation (EC) No 2135/95 of 7 September 1995 laying down detailed rules of application for the grant of export refunds in the sugar sector (2), provides that the export refund on 100 kilograms of the products listed in Article 1(1)(d) of Regulation (EC) No 1260/2001 is equal to the basic amount multiplied by the sucrose content, including, where appropriate, other sugars expressed as sucrose; the sucrose content of the product in question is determined in accordance with Article 3 of Commission Regulation (EC) No 2135/95.

(3)

Article 30(3) of Regulation (EC) No 1260/2001 provides that the basic amount of the refund on sorbose exported in the natural state must be equal to the basic amount of the refund less one hundredth of the production refund applicable, pursuant to Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (3), to the products listed in the Annex to the last mentioned Regulation.

(4)

According to the terms of Article 30(1) of Regulation (EC) No 1260/2001, the basic amount of the refund on the other products listed in Article 1(1)(d) of the said Regulation exported in the natural state must be equal to one-hundredth of an amount which takes account, on the one hand, of the difference between the intervention price for white sugar for the Community areas without deficit for the month for which the basic amount is fixed and quotations or prices for white sugar on the world market and, on the other, of the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under inward-processing arrangements.

(5)

According to the terms of Article 30(4) of Regulation (EC) No 1260/2001, the application of the basic amount may be limited to some of the products listed in Article 1(1)(d) of the said Regulation.

(6)

Article 27 of Regulation (EC) No 1260/2001 makes provision for setting refunds for export in the natural state of products referred to in Article 1(1)(f) and (g) and (h) of that Regulation; the refund must be fixed per 100 kilograms of dry matter, taking account of the export refund for products falling within CN code 1702 30 91 and for products referred to in Article 1(1)(d) of Regulation (EC) No 1260/2001 and of the economic aspects of the intended exports; in the case of the products referred to in the said Article (1)(f) and (g), the refund is to be granted only for products complying with the conditions in Article 5 of Regulation (EC) No 2135/95; for the products referred to in Article 1(1)(h), the refund shall be granted only for products complying with the conditions in Article 6 of Regulation (EC) No 2135/95.

(7)

The abovementioned refunds must be fixed every month; they may be altered in the intervening period.

(8)

The first subparagraph of Article 27(5) of Regulation (EC) No 1260/2001 provides that refunds on the products referred to in Article 1 of that Regulation may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

(9)

The significant and rapid increase in preferential imports of sugar from the western Balkan countries since the start of 2001 and in exports of sugar to those countries from the Community seems to be highly artificial in nature.

(10)

In order to prevent any abuses associated with the reimportation into the Community of sugar sector products that have qualified for export refunds, refunds for the products covered by this Regulation should not be fixed for all the countries of the western Balkans.

(11)

In view of the above, refunds for the products in question should be fixed at the appropriate amounts.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

(1)

Commission Regulation (EC) No 1327/2004 of 19 July 2004 on a standing invitation to tender to determine levies and/or refunds on exports of white sugar (2), for the 2004/2005 marketing year, requires partial invitations to tender to be issued for the export of this sugar to certain third countries.

(2)

Pursuant to Article 9(1) of Regulation (EC) No 1327/2004 a maximum export refund shall be fixed, as the case may be, account being taken in particular of the state and foreseeable development of the Community and world markets in sugar, for the partial invitation to tender in question.

(3)

The Management Committee for Sugar has not delivered an opinion within the time limit set by its chairman,

(1)

Pursuant to Article 7(3) of Regulation (EC) No 1260/2001, production refunds may be granted on the products listed in Article 1(1)(a) and (f) of that Regulation, on syrups listed in Article 1(1)(d) thereof and on chemically pure fructose covered by CN code 1702 50 00 as an intermediate product, that are in one of the situations referred to in Article 23(2) of the Treaty and are used in the manufacture of certain products of the chemical industry.

(2)

Commission Regulation (EC) No 1265/2001 of 27 June 2001 laying down detailed rules for the application of Council Regulation (EC) No 1260/2001 as regards granting the production refund on certain sugar products used in the chemical industry (2) provides that these refunds shall be determined according to the refund fixed for white sugar.

(3)

Article 9 of Regulation (EC) No 1265/2001 provides that the production refund on white sugar is to be fixed at monthly intervals commencing on the first day of each month.

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

(1)

Article 10 of Regulation (EC) No 1784/2003 provides that the rates of duty in the Common Customs Tariff are to be charged on import of the products referred to in Article 1 of that Regulation. However, in the case of the products referred to in paragraph 2 of that Article, the import duty is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Pursuant to Article 10(3) of Regulation (EC) No 1784/2003, the cif import prices are calculated on the basis of the representative prices for the product in question on the world market.

(3)

Regulation (EC) No 1249/96 lays down detailed rules for the application of Regulation (EC) No 1784/2003 as regards import duties in the cereals sector.

(4)

The import duties are applicable until new duties are fixed and enter into force.

(5)

In order to allow the import duty system to function normally, the representative market rates recorded during a reference period should be used for calculating the duties.

(6)

Application of Regulation (EC) No 1249/96 results in import duties being fixed as set out in Annex I to this Regulation,

(1)

Article 7(1) of Regulation (EC) No 1342/2003 fixes the term of validity of export licences, in particular for products processed from maize. That term of validity extends to the end of the fourth month following that of issue of the licence. The term of validity is fixed in accordance with market requirements and the need for sound management.

(2)

The current situation on the maize market makes it desirable to limit the issuing of licences in order to avoid committing quantities from the new marketing year. Licences to be issued in forthcoming months must be reserved for exports before 3 September 2005. To that end, the term of validity of export licences to be issued for execution up to 2 September 2005 must be limited. A temporary derogation should accordingly be introduced to Article 7(1) of Regulation (EC) No 1342/2003.

(3)

In order to ensure sound management of the market and to prevent speculation, provision should be made for customs export formalities for export licences for products processed from maize to be completed by 2 September 2005 at the latest either as direct exports or exports under the arrangements laid down in Articles 4 and 5 of Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products (3). Such limiting of the term of validity of export licences entails a derogation from Articles 28(6) and 29(5) of Commission Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (4).

(4)

The application of the measures provided for in this Regulation must coincide with its entry into force in order to avoid potential market disturbance.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

(1)

In accordance with Article 4 of Regulation (EC) No 1051/2001, a world market price for unginned cotton is to be determined periodically from the price for ginned cotton recorded on the world market and by reference to the historical relationship between the price recorded for ginned cotton and that calculated for unginned cotton. That historical relationship has been established in Article 2(2) of Commission Regulation (EC) No 1591/2001 of 2 August 2001 laying down detailed rules for applying the cotton aid scheme (3). Where the world market price cannot be determined in this way, it is to be based on the most recent price determined.

(2)

In accordance with Article 5 of Regulation (EC) No 1051/2001, the world market price for unginned cotton is to be determined in respect of a product of specific characteristics and by reference to the most favourable offers and quotations on the world market among those considered representative of the real market trend. To that end, an average is to be calculated of offers and quotations recorded on one or more European exchanges for a product delivered cif to a port in the Community and coming from the various supplier countries considered the most representative in terms of international trade. However, there is provision for adjusting the criteria for determining the world market price for ginned cotton to reflect differences justified by the quality of the product delivered and the offers and quotations concerned. Those adjustments are specified in Article 3(2) of Regulation (EC) No 1591/2001.

(3)

The application of the above criteria gives the world market price for unginned cotton determined hereinafter,

(1)

Article 13(1) of Regulation (EC) No 1784/2003 and Article 14(1) of Regulation (EC) No 1785/2003 provide that the difference between quotations of prices on the world market for the products listed in Article 1 of each of those Regulations and the prices within the Community may be covered by an export refund.

(2)

Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (3), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex III to Regulation (EC) No 1784/2003 or in Annex IV to Regulation (EC) No 1785/2003 as appropriate.

(3)

In accordance with the first subparagraph of Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month.

(4)

The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.

(5)

Taking into account the settlement between the European Community and the United States of America on Community exports of pasta products to the United States, approved by Council Decision 87/482/EEC (4), it is necessary to differentiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination.

(6)

Pursuant to Article 4(3) and (5) of Regulation (EC) No 1520/2000, a reduced rate of export refund has to be fixed, taking account of the amount of the production refund applicable, pursuant to Commission Regulation (EEC) No 1722/93 (5), for the basic product in question, used during the assumed period of manufacture of the goods.

(7)

Spirituous beverages are considered less sensitive to the price of the cereals used in their manufacture. However, Protocol 19 to the Act of Accession of the United Kingdom, Ireland and Denmark provides that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirituous beverages obtained from cereals. Accordingly, it is necessary to adapt the refund rate applying to cereals exported in the form of spirituous beverages.

(8)

The Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman,

(1)

Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices in international trade for the products listed in Article 1(a), (b), (c), (d), (e) and (g) of that Regulation and prices within the Community may be covered by an export refund.

(2)

Commission Regulation (EC) No 1520/2000 of 13 July 2000 laying down common implementing rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form of goods listed in Annex II to Regulation (EC) No 1255/1999.

(3)

In accordance with the first subparagraph of Article 4(1) of Regulation (EC) No 1520/2000, the rate of the refund per 100 kg for each of the basic products in question must be fixed for each month.

(4)

However in the case of certain milk products exported in the form of goods not covered by Annex I to the Treaty, there is a danger that, if high refund rates are fixed in advance, the commitments entered into in relation to those refunds may be jeopardised. In order to avert that danger, it is therefore necessary to take appropriate precautionary measures, but without precluding the conclusion of long-term contracts. The fixing of specific refund rates for the advance fixing of refunds in respect of those products should enable those two objectives to be met.

(5)

Article 4(3) of Regulation (EC) No 1520/2000 provides that, when the rate of the refund is being fixed, account should be taken, where necessary, of production refunds, aids or other measures having equivalent effect applicable in all Member States in accordance with the Regulation on the common organisation of the market in the product in question to the basic products listed in Annex A to Regulation (EC) No 1520/2000 or to assimilated products.

(6)

Article 12(1) of Regulation (EC) No 1255/1999 provides for the payment of aid for Community-produced skimmed milk processed into casein if such milk and the casein manufactured from it fulfil certain conditions.

(7)

Commission Regulation (EC) No 2571/97 of 15 December 1997 on the sale of butter at reduced prices and the granting of aid for cream, butter and concentrated butter for use in the manufacture of pastry products, ice-cream and other foodstuffs (3), lays down that butter and cream at reduced prices should be made available to industries which manufacture certain goods.

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,