Questo documento è un estratto del sito web EUR-Lex.
Documento 02010R0234-20130701
Commission Regulation (EU) No 234/2010 of 19 March 2010 laying down certain detailed rules for the application of Council Regulation (EC) No 1234/2007 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (codified version)
Testo consolidato: Commission Regulation (EU) No 234/2010 of 19 March 2010 laying down certain detailed rules for the application of Council Regulation (EC) No 1234/2007 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (codified version)
Commission Regulation (EU) No 234/2010 of 19 March 2010 laying down certain detailed rules for the application of Council Regulation (EC) No 1234/2007 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (codified version)
02010R0234 — EN — 01.07.2013 — 001.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
|
COMMISSION REGULATION (EU) No 234/2010 of 19 March 2010 laying down certain detailed rules for the application of Council Regulation (EC) No 1234/2007 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (OJ L 072 20.3.2010, p. 3) |
Amended by:
|
|
|
Official Journal |
||
|
No |
page |
date |
||
|
L 158 |
74 |
10.6.2013 |
||
COMMISSION REGULATION (EU) No 234/2010
of 19 March 2010
laying down certain detailed rules for the application of Council Regulation (EC) No 1234/2007 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals
(codified version)
Article 1
Export refunds, export taxes as referred to in Article 15(a) of this Regulation, and corrective amounts as referred to in Article 164(4) of Regulation (EC) No 1234/2007, in the case of the products listed in points (a), (b) and (c) of Part I of Annex I to that Regulation, shall be fixed in the light of the following factors in particular:
the prices charged on the representative Union markets and their trends, and the quotations recorded on the markets of third countries;
the marketing costs and the most favourable costs of transport from the representative Union markets to the port or other place of export, and the costs of forwarding on the world market;
in the case of processed products, the quantity of cereals required for the manufacture thereof;
the prospects for and conditions governing the sale of the relevant products on the world market;
concern to avoid disturbance on the Union market;
the economic aspect of the exports contemplated;
the quantitative and budgetary limits arising from agreements concluded in accordance with Article 218 of the Treaty.
Article 2
The provisions of the first paragraph of Article 166 of Regulation (EC) No 1234/2007 shall apply, in whole or in part, to all the products listed in points (c) and (d) Part I of Annex I to that Regulation and to the products referred to in Part I of Annex I to that Regulation exported in the form of goods as listed in Part I of Annex XX thereto.
The provisions of Article 164(4) of Regulation (EC) No 1234/2007 shall apply in respect of cereals and to products that are exported in the form of the goods listed in Annex XX to that Regulation.
Article 3
Corrective amounts may vary according to destination.
Article 4
The terms of invitations to tender must guarantee equality of access for all persons established in the Union.
Such invitations to tender shall relate to the export refund or tax.
At least five days must elapse between the publication of the notice of invitation to tender and the first date for the submission of tenders.
Article 5
Tenders shall indicate:
the reference of the invitation to tender;
the name and address of the tenderer;
the type and quantity of product to be exported;
the export refund per tonne or, where applicable, the export tax per tonne, expressed in euro.
Tenders shall be valid only if:
proof is provided before the expiry of the time limit laid down for the submission of tenders that the tenderer has lodged the tendering security;
they are accompanied by a written undertaking to submit, in respect of quantities awarded and within two days of receipt of the notification of award pursuant to Article 7(3), an export licence application or, where applicable, an application for an export licence with advance fixing of an export tax equal to the amount tendered;
they do not include any conditions other than those provided for in the notice of invitation to tender.
Article 6
Tenders shall be opened by the competent departments of the Member States. They shall not be opened in public. Persons authorised to be present at the opening of the tenders shall be under an obligation of secrecy.
The Commission shall be notified forthwith of the tenders without the tenderers being mentioned by name.
Article 7
Where a minimum export tax is fixed, the contract shall be awarded to the tenderer or tenderers whose bids are equal to or higher than the minimum tax.
Article 8
Article 9
Tendering securities shall be released:
where tenders are not accepted;
when the successful tenderer has provided proof that the security provided for in Article 12 of Commission Regulation (EC) No 1342/2003 ( 5 ) has been submitted.
Where the undertaking referred to in Article 5(3)(b) is not fulfilled, the tendering security shall be forfeited except in cases of force majeure.
Article 10
Export refunds on the products listed in points (a), (b) and (c) of Part I of Annex I to Regulation (EC) No 1234/2007 shall be fixed at least once a month.
Article 11
Article 12
Notwithstanding Article 17 of Regulation (EC) No 612/2009, proof of completion of customs formalities for import shall not be required for payment of refunds fixed in a contract awarded for refunds on exports to all third countries, provided that the operator provides proof that a quantity of at least 1 500 tonnes of cereal product have left the customs territory of the Union on board a vessel suitable for sea transport.
Such proof shall be furnished by the insertion of one of the entries listed in Annex III certified by the competent authority, on the control copy referred to in Article 8 of Regulation (EC) No 612/2009, the export declaration referred to in Article 787 of Commission Regulation (EEC) No 2454/93 ( 6 ) or the national document proving that the goods have left the customs territory of the Union.
Article 13
Where the operator provides proof of completion of customs formalities for release for consumption in Switzerland or Liechtenstein, the amount of the export refund for exports to ‘all third countries’ fixed under an invitation to tender shall be reduced by the difference between that amount and the amount of the export refund in force for the abovementioned destinations on the day the contract is awarded.
Article 14
Where the conditions laid down in Article 187 of Regulation (EC) No 1234/2007 are met in respect of one or more products, the following measures may be taken:
an export tax may be applied. A corrective amount may be fixed. Such taxes and corrective amounts may vary according to destination;
the issuing of export licences may be totally or partly suspended;
the export licence applications pending may be rejected in whole or in part.
However, no tax shall be applied to exports of cereals or cereal products carried out to implement Union and national food aid measures provided for under international agreements or other supplementary programmes, or to implement other Union free supply measures.
Article 15
Where there is no invitation to tender, the export tax to be collected shall be that applicable on the day on which customs formalities are completed.
However, export taxes applicable on the day of submission of licence applications shall apply, at the request of the party concerned lodged at the same time as the licence application, to exports to be effected during the term of validity of the licence.
Article 16
The measures referred to in Article 15 shall be adopted in accordance with the procedure referred to in Article 195 of Regulation (EC) No 1234/2007. However, in emergencies, the Commission may adopt the measures.
Article 17
Regulation (EC) No 1501/95 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex V.
Article 18
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
|
|
CN code |
Ash content (expressed in mg) per 100 g of flour, groats and meal |
Processing coefficients indicating the number of kg of cereals per 1 000 kg of products in question. |
|
1. Flour of common wheat, spelt or meslin |
1101 00 15 9100 |
0 to 600 |
1 370 |
|
1101 00 15 9130 |
601 to 900 |
1 280 |
|
|
1101 00 15 9150 |
901 to 1 100 |
1 180 |
|
|
1101 00 15 9170 |
1 101 to 1 650 |
1 090 |
|
|
1101 00 15 9180 |
1 651 to 1 900 |
1 020 |
|
|
2. Rye flour |
1102 10 00 9500 |
0 to 1 400 |
1 370 |
|
1102 10 00 9700 |
1 401 to 2 000 |
1 080 |
|
|
3. Common wheat groats and meal |
1103 11 90 9200 |
0 to 600 |
1 370 |
|
4. Durum wheat groats and meal |
1103 11 10 9200 |
0 to 1 300 (sieve with mesh 0,160 mm) |
1 500 |
|
1103 11 10 9400 |
0 to 1 300 |
1 340 |
|
|
1103 11 10 9900 |
over 1 300 |
1 260 |
|
|
5. Malt, not roasted |
1107 10 19 |
|
1 270 |
|
1107 10 99 |
|
|
|
|
Malt, roasted |
1107 20 00 |
|
1 490 |
ANNEX II
Method of determining the ash content of flour
APPARATUS
1. Laboratory scales sensitive to 0,1 mg, box of corresponding weights.
2. Electric muffle kiln, with adequate draught and a temperature gauge and regulator.
3. Round, flat-bottomed incineration dishes (about 5 cm in diameter, maximum height 2 cm); preferably of gold and platinum alloy or of quartz or porcelain.
4. Desiccator (with an internal diameter of about 18 cm) fitted with a neck and a perforated plate, in porcelain or aluminium.
Dehydration agent: calcium chloride, phosphorous pentoxide or silica gel coloured blue.
METHOD
1. The weight of the test sample shall be between 5 and 6 g. When it is flour of which the ash content referred to dry matter is likely to be over 1 %, the weight of the test sample shall be between 2 and 3 g. The weight of the test sample may be rounded up to the nearest 10 mg; all other quantities are weighed to the nearest 0,1 mg.
2. Immediately before use the dishes must be heated in the muffle kiln at incineration temperature to constant weight; a period of 15 minutes is usually sufficient.
The dishes are then cooled in the desiccator to laboratory temperature under the conditions indicated in point 7.
3. Place the test sample in the dish and spread it out in an even layer, without heaping. Immediately before incineration damp the test sample with 1 to 2 ml of ethyl alcohol.
4. Place the dishes in the mouth of the kiln, leaving the door open. When the substance has ceased to flame, push the dishes into the kiln. When the kiln door has been closed, an adequate draught must be maintained, but not so strong as to blow the substance out of the dishes.
5. Incineration must result in the total combustion of the flour, including any sooty particles among the ashes. It shall be considered completed when the residue is almost white after cooling.
6. The incineration temperature must reach 900 °C.
7. When incineration is completed, remove the dishes from the kiln and place them on a sheet of eternit for about one minute to cool, then put them in the desiccator (not more than four dishes at a time). The closed desiccator is placed near the analysis scales. Weigh the dishes when they are completely cold (about one hour).
RESULTS
1. Margin of error: if the ash content does not exceed 1 %, the results of a double test must not differ by more than 0,02 units of ash content; if the ash content exceeds 1 %, the difference must not exceed 2 % of the ash content. If the difference exceeds these limits the test must be repeated.
2. The ash content must be expressed per 100 parts of dry matter and rounded up to 0,01.
ANNEX III
Formulas referred to in the second paragraph of Article 12
|
— |
in Bulgarian: Износ на зърнени култури по море — член 12 от Регламент (ЕC) № 234/2010 |
|
— |
in Spanish: Exportación de cereales por vía marítima; artículo 12 del Reglamento (UE) no 234/2010 |
|
— |
in Czech: Vývoz obilovin po moři – článek 12 nařízení (EU) č. 234/2010 |
|
— |
in Danish: Eksport af korn ad søvejen — Artikel 12 i forordning (EU) nr. 234/2010 |
|
— |
in German: Ausfuhr von Getreide auf dem Seeweg — Verordnung (EU) Nr. 234/2010 Artikel 12 |
|
— |
in Estonian: Teravilja eksport meritsi – määruse (EL) nr 234/2010 artikkel 12 |
|
— |
in Greek: Εξαγωγή σιτηρών δια θαλάσσης — Άρθρο 12 του κανονισμού (EE) αριθ. 234/2010 |
|
— |
in English: Export of cereals by sea — Article 12 of Regulation (EU) No 234/2010 |
|
— |
in French: Exportation de céréales par voie maritime — Règlement (UE) no 234/2010, article 12 |
|
— |
in Croatian: Izvoz žitarica morem – članak 12. Uredbe (EU) br. 234/2010 |
|
— |
in Italian: Esportazione di cereali per via marittima — Regolamento (UE) n. 234/2010, articolo 12 |
|
— |
in Latvian: Graudu izvešana pa jūras ceļiem – Regulas (ES) Nr. 234/2010 12. pants |
|
— |
in Lithuanian: Grūdų eksportas jūra – reglamento (ES) Nr. 234/2010 12 straipsnis |
|
— |
In Hungarian: Gabonafélék exportja tengeri úton – 2010/234/EU rendelet 12. cikk |
|
— |
in Maltese: Esportazzjoni ta' ċereali bil-baħar – Artikolu 12 tar-Regolament (UE) Nru 234/2010 |
|
— |
in Dutch: Uitvoer van graan over zee — Verordening (EU) nr. 234/2010, artikel 12 |
|
— |
in Polish: Wywóz zbóż drogą morską – Art. 12 rozporządzenia (UE) nr 234/2010 |
|
— |
in Portuguese: Exportação de cereais por via marítima — Artigo 12.o, Regulamento (UE) n.o 234/2010 |
|
— |
in Romanian: Export de cereale pe cale maritimă – Regulamentul (UE) nr. 234/2010 articolul 12 |
|
— |
in Slovak: Vývoz obilnín po mori — článok 12 nariadenia (EÚ) č. 234/2010 |
|
— |
in Slovenian: Izvoz žit s pomorskim prometom – člen 12 Uredbe (EU) št. 234/2010 |
|
— |
in Finnish: Viljan vienti meriteitse – Asetus (EU) N:o 234/2010 12 artikla |
|
— |
in Swedish: Export av spannmål sjövägen – Artikel 12 i förordning (EU) nr 234/2010. |
ANNEX IV
Repealed Regulation with list of its successive amendments
|
Commission Regulation (EC) No 1501/95 (1) (OJ L 147, 30.6.1995, p. 7) |
|
|
Commission Regulation (EC) No 2480/95 (OJ L 256, 26.10.1995, p. 9) |
|
|
Commission Regulation (EC) No 95/96 (OJ L 18, 24.1.1996, p. 10) |
|
|
Commission Regulation (EC) No 1259/97 (OJ L 174, 2.7.1997, p. 10) |
|
|
Commission Regulation (EC) No 2052/97 (OJ L 287, 21.10.1997, p. 14) |
|
|
Commission Regulation (EC) No 2513/98 (OJ L 313, 21.11.1998, p. 16) |
|
|
Commission Regulation (EC) No 602/2001 (OJ L 89, 29.3.2001, p. 16) |
|
|
Commission Regulation (EC) No 1163/2002 (OJ L 170, 29.6.2002, p. 46) |
|
|
Commission Regulation (EC) No 1431/2003 (OJ L 203, 12.8.2003, p. 16) |
|
|
Commission Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50) |
Only Article 3 |
|
Commission Regulation (EC) No 1996/2006 (OJ L 398, 30.12.2006, p. 1) |
Only Article 5 |
|
Commission Regulation (EC) No 499/2008 (OJ L 146, 5.6.2008, p. 9) |
Only Article 1 |
|
(1)
This Regulation was also amended by Regulation (EC) No 2094/98 (OJ L 266, 1.10.1998, p. 61) repealed by Regulation (EC) No 2513/98 (OJ L 313, 21.11.1998, p. 16). |
|
ANNEX V
Correlation table
|
Regulation (EC) No 1501/95 |
This Regulation |
|
Articles 1 to 11 |
Articles 1 to 11 |
|
Article 12 |
— |
|
Article 13 |
Article 12 |
|
Article 13 bis |
— |
|
Article 14 |
Article 13 |
|
Article 15 |
Article 14 |
|
Article 16 |
Article 15 |
|
Article 17 |
Article 16 |
|
Article 18 |
— |
|
Article 19 |
— |
|
— |
Article 17 |
|
— |
Article 18 |
|
Annex I |
Annex I |
|
Annex II |
Annex II |
|
Annex III |
Annex III |
|
— |
Annex IV |
|
— |
Annex V |
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 147, 30.6.1995, p. 7.
( 3 ) See Annex IV.
( 4 ) OJ L 186, 17.7.2009, p. 1.
( 5 ) OJ L 189, 29.7.2003, p. 12.
( 6 ) OJ L 253, 11.10.1993, p. 1.