31994R3035

No L 321 /28 Official Journal of the European Communities 14 . 12. 94

COMMISSION REGULATION (EC) No 3035/94 of 13 December 1994 fixing the import levies on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, applying the coefficients of equivalence provided for in Regulation (EEC) No 1621 /93 ; Having regard to the Treaty establishing the European Community, Whereas, where information or quotations are unavailable, the cif price for certain flours may be determined by applying a coefficient to the cif price of the basic cereal ; Having regard to Council Regulation (EEC) No 1766/92 whereas this coefficient is fixed in Article 2 of Regulation of 30 June 1992 on the common organization of the (EEC) No 1621 /93 ; market in cereals ('), as last amended by Regulation (EC) No 1 866/94 (2), and in particular Articles 10 (5) and 11 (3) thereof, Whereas the cif price is calculated for Rotterdam on the basis of the abovementioned elements, offers for other ports being adjusted, account being taken of the correc­ Having regard to Council Regulation (EEC) No 3813/92 tions necessitated by the differences in transport charges of 28 December 1992 on the unit of account and the in relation to Rotterdam ; conversion rates to be applied for the purposes of the common agricultural policy (3), amended by Regulation (EC) No 3528/93 (4), Whereas the cif price remains unchanged where data are lacking or under the conditions laid down in Article 1 (3) of Regulation (EEC) No 1621 /93 ; Whereas the first subparagraph of Article 10(1 ) of Regu­ lation (EEC) No 1766/92 provides that a levy must be Whereas in the case of malt the levy is made up of a vari­ charged on imports of the products listed in Article 1 (1 ) (a) (b) and (c) of that Regulation and that, except for malt, able component and a fixed component ; whereas the the levy is equal to the threshold price less the cif price ; fixed component is determined in the second subpara­ whereas the levy applying to rye is charged in the case of graph of Article 3 of Regulation (EEC) No 1621 /93 ; triticale ; whereas the variable component is fixed, in accordance with Article 11 (1 ) A of Regulation (EEC) No 1766/92, account being taken of the quantity of basic cereal Whereas, the threshold prices for cereals, wheat and rye required to manufacture malt ; whereas to this end Article flours, and wheat groats and meal, are fixed for the 3 of Regulation (EEC) No 1621 /93 fixes the coefficients 1994/95 marketing year by Council Regulations (EEC) applying to the levies for basic cereals ; No 1766/92 and (EC) No 1867/94 (*) and Commission Regulations (EEC) No 1580/93 0, (EEC) No 1709/93 0 and (EC) No 1474/94 (8) ; Whereas Council Regulations (EC) No 3491 /93 (n) and (EC) No 3492/93 (12), on certain procedures for applying the Europe Agreement establishing an association Whereas, for the purpose of calculating the cif prices used between the European Communities and their Member to determine the levies, the Commission must take into States, of the one part, and the Republics of Hungary and account the factors indicated in Commission Regulation Poland, of the other part, and Council Regulation (EEC) No 1621 /93 (9), as amended by Regulation (EC) No No 520/92 of 27 February 1992 on certain rules for 795/94 (10), and in particular the most favourable purcha­ applying the Interim Agreement on trade and trade­ sing opportunities on the world market which are suffi­ related matters between the European Economic Commu­ cently representative of the real market trend account nity and the European Coal and Steel Community, of the being taken in particular of both the need to prevent one part, and the Czech and Slovak Federal Republic, of sudden variations likely to cause abnormal disturbances the other part (13), as amended by Regulation (EEC) No on the Community market and of the quality of the 2235/93 (14), and in particular Article 1 thereof introduce goods offered, whether this quality corresponds to the arrangements for reducing import levies on certain standard quality laid down by Regulation (EEC) No products ; whereas Commission Regulation (EC) No 1580/93, or whether adjustments need to be made by 121 /94 (1S), as amended by Regulation (EC) No 3003/ 94 (16), lays down detailed rules for applying the arrange­ (') OJ No L 181 , 1 . 7. 1992, p. 21 . ments provided for in these agreements as regards (2) OJ No L 197, 30. 7. 1994, p. 1 . cereals ; (3) OJ No L 387, 31 . 12. 1992, p. 1 . O OJ No L 320, 22. 12. 1993, p. 32. 0 OJ No L 197, 30. 7. 1994, p. 3. (") OJ No L 319, 21 . 12. 1993, p. 1 . 0 OJ No L 152, 24. 6. 1993, p. 14. (12) OJ No L 319, 21 . 12. 1993, p. 4. O OJ No L 159, 1 . 7. 1993, p. 80. (13) OJ No L 56, 29. 2. 1992, p. 9 . (8) OJ No L 159, 28 . 6. 1994, p. 30. (14) OJ No L 200, 10. 8. 1993, p. 5. n OJ No L 155, 26. 6. 1993, p. 36. H OJ No L 21 , 26. 1 . 1994, p. 3 . (10) OJ No L 92, 9 . 4. 1994, p. 17. H OJ No L 317, 10. 12. 1994, p. 4.

14 . 12 . 94 No L 321 /29 Official Journal of the European Communities

Whereas Council Regulation (EC) No 774/94 of 29 March the amount expressed in the currency of third countries 1994 (') has opened Community tariff quotas for certain and are the basis for calculating the agricultural conver­ agricultural products and fixed the levies to be applied on sion rates of the Member States' currencies ; whereas the imports of those products ; whereas Commission Regula­ detailed rules for determining and applying the said tion (EC) No 1 854/94 (2), as amended by Regulation (EC) conversions are laid down in Commission Regulation No 2547/94 (3), has established the detailed rules of the (EEC) No 1068/93 (n), as amended by Regulation (EC) No import regime for cereals laid down in Regulation (EC) 547/94 (12) ; No 774/94 ; Whereas, in order to make it possible for the levy arrange­ Whereas the Interim Agreement on trade and trade­ ments to function normally, the representative market related matters between the Community and the Republic rate established during the reference period from 12 of Bulgaria (4), signed in Brussels on 8 March 1993, December 1994 as regards floating currencies, should be entered into force on 31 December 1993 ; whereas the used to calculate the levies ; Interim Agreement on trade and trade-related matters between the Community and Romania (*), signed in Brus­ Whereas it follows from applying all the provisions of the sels on 1 February 1993, entered into force on 1 May abovementioned Regulations that the levies should be 1 993 ; whereas the said Agreements provide for a reduc­ fixed in accordance with the Annex to this Regulation ; tion in the import levy for certain products ; whereas whereas the levy is altered only where the calculation Commission Regulation (EC) No 335/94 (6), as last results in a variation of ECU 1,50 or more per tonne, amended by Regulation (EC) No 1606/94 0, lays down pursuant to the third subparagraph of Article 5 of Regula­ detailed rules for applying the arrangements provided for tion (EEC) No 1621 /93, compared to the levy previously in these agreements as regards cereals ; set,

Whereas Council Regulation (EEC) No 715/90 (8), as last amended by Regulation (EC) No 2484/94 (9), lays down HAS ADOPTED THIS REGULATION : the arrangements applicable on agricultural products and certain goods resulting from the processing of agricultural products originating in the African, Caribbean and Pacific States or in the overseas countries and territories ; Article 1

Whereas, pursuant to Article 101 ( 1 ) of Council Decision The import levies to be charged on the products listed in 91 /482/EEC of 25 July 1991 on the association of the Article 1 ( 1 ) (a), (b) and (c) of Regulation (EEC) No overseas countries and territories with the European 1766/92 shall be as set out in the Annex hereto . Economic Community (,0), no levies shall apply on imports of products originating in the overseas countries and territories ; Article 2

Whereas the representative market rates defined in Article This Regulation shall enter into force on 14 December 1 of Regulation (EEC) No 3813/92 are used for converting 1994.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 13 December 1994.

For the Commission Rene STEICHEN Member of the Commission

0 OJ No L 91 , 8 . 4. 1994, p. 1 . (2) OJ No L 192, 28 . 7. 1994, p. 31 . (3) OJ No L 270, 21 . 10. 1994, p. 7. (4) OJ No L 323 , 23 . 12. 1993 , p. 2. 0 OJ No L 81 , 2. 4. 1993, p. 2. (*) OJ No L 43, 16. 2. 1994, p. 4. I7) OJ No L 168, 2. 7. 1994, p. 13. (8) OJ No L 84, 30 . 3 . 1990, p. 85. (9) OJ No L 265, 15. 10. 1994, p. 3 . (") OJ No L 108 , 1 . 5. 1993, p. 106. (,0) OJ No L 263, 19 . 9 . 1991 , p. 1 . (12) OJ No L 69, 12. 3 . 1994, p. 1 .

No L 321 /30 14. 12. 94 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 13 December 1994 fixing the import levies on cereals and on wheat or rye flour, groats and meal

(ECU/tonne)

CN code Third countries (8)

0709 90 60 85,85 (2) (3) 0712 90 19 85,85 (2)(3) 1001 10 00 2,52 (') 0 (") 1001 9091 57,08 1001 9099 57,08 (9)(n) 1002 00 00 107,59 (6) 1003 00 10 87,09 1003 00 90 87,09 (9) 1004 00 00 91,42 1005 10 90 85,85 (2)(3) 1005 90 00 85,85 00 1007 00 90 86,25 (4) 1008 10 00 31,41 (9) 1008 20 00 32,62 (4)0 1008 30 00 0 0 1008 90 10 0 1008 90 90 0 1101 00 00 1 1 5,90 0 1102 10 00 187,90 1103 11 10 38,31 1103 11 90 137,97 1107 10 11 112,48 1107 10 19 86,80 1107 10 91 165,90 (10) 1107 1099 126,71 (9) 1107 20 00 145,87 (10)

(') Where durum wheat originating in Morocco is transported directly from that country to the Community, the levy is reduced by ECU 0,60/tonne. (2) In accordance with Regulation (EEC) No 715/90 the levies are not applied to products imported directly into the French overseas departments, originating in the African, Caribbean and Pacific States. (3) Where maize originating in the ACP is imported into the Community the levy is reduced by ECU 1,81 /tonne. (4) Where millet and sorghum originating in the ACP is imported into the Community the levy is applied in accordance with Regulation (EEC) No 715/90. (*) Where durum wheat and canary seed produced in Turkey are transported directly from that country to the Community, the levy is reduced by ECU 0,60/tonne. (*) The import levy charged on rye produced in Turkey and transported directly from that country to the Commu­ nity is laid down in Council Regulation (EEC) No 1 180/77 (OJ No L 142, 9. 6. 1977, p. 10), as last amended by Regulation (EEC) No 1902/92 (OJ No L 192, 11 . 7. 1992, p. 3), and Commission Regulation (EEC) No 2622/71 (OJ No L 271 , 10. 12. 1971 , p. 22), as amended by Regulation (EEC) No 560/91 (OJ No L 62, 8. 3. 1991 , p. 26). 0 The levy applicable to rye shall be charged on imports of the product falling within CN code 1008 90 10 (triticale). (8) No levy applies to OCT originating products according to Article 101 ( 1 ) of Decision 91 /482/EEC. C) Products falling within this code, imported from Poland or Hungary under the Agreements concluded between those countries and the Community and under the Interim Agreement between the Czech Republic, the Slovak Republic, Bulgaria and Romania and the Community and in respect of which EUR.l certificates issued in accor­ dance with amended Regulation (EC) No 121 /94 or (EC) No 335/94 have been presented, are subject to the levies set out in the Annex to that Regulation. (10) In accordance with Council Regulation (EEC) No 1180/77 this levy is reduced by ECU 5,44 per tonne for products originating in Turkey. (") The levy for the products falling within this code in accordance with Regulation (EC) No 774/94 is restricted under the conditions of this Regulation.