Introductory text

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^f1, 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^f2, and in particular Article 14(3) thereof,

Whereas:

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^f3.

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.

The products in the Annex to Commission Regulation (EC) No 664/2005^f4 falling within CN codes 1702 30 51 90, 1702 30 59 90, 1702 30 91 90, 1702 30 99 90, 1702 40 90 90, 1702 90 50 91, 1702 90 50 99, 1702 90 75 90 and 1702 90 79 90 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.

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.

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

HAS ADOPTED THIS REGULATION: