15. 5. 98 Official Journal of the European Communities L 145/11 COMMISSION REGULATION (EC) No 1011/98 of 14 May 1998 amending Regulation (EEC) No 1722/93 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 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals ("), as last amended by Commission Regulation (EEC) No 923/96 () and in particular Article 7(3) thereof, Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (°), as amended by Regulation (EC) No 192/98 (*), and in particular Article 7 thereof, Whereas Regulation (EEC) No 1722/93 of the Commis- sion 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 (°), as last amended by Commission Regulation (EC) No 1516/95 (%), envisages, for the calculating method of the production refund, a differentiation between starches containing maize, wheat, potatoes and rice on the one hand and starches containing barley and oats on the other; whereas experience has shown that the fixing of a specific amount for the product containing barley and oats is no longer necessary and that the single amount of the refund can hence apply to any starch without risk of inadequate compensation; Whereas individual measures should be anticipated at the time of the change of the marketing year, concerning the term of validity of the refund certificates and the adjust- ment of the amount of the single refund; Whereas, for the release of the individual guarantee in particular for esterified and etherified starches, it is ad- visable to specify the primary requirement to be fulfilled; whereas the special provisions applicable to these products still should be supplemented by certain measures aiming at the effectiveness of controls and the sanctions in the event of non-observance of the transfor- mation or use of conditions; Whereas the regulation stipulates currently that Member States notify each month to the Commission the statis- () OJ L 181, 1. 7. 1992, p. 21. () OJ L 126, 24. 5. 1996, p. 37. () OJ L 329, 30. 12. 1995, p. 18. () OJ L 20, 27. 1. 1998, p. 16. () OJ L 159, 1. 7. 1993, p. 112. () OJ L 147, 30. 6. 1995, p. 49. tical data covering at the same time the quantities of starch having benefited from the production refund and the products for which starch was used; whereas it appeared that this rhythm of information is too frequent and that it is advisable to replace it by a quarterly noti- fication; Whereas the Management Committee for Cereals has not delivered its opinion within the time limit fixed by its Chairman, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1722/93 is amended as follows: 1. Article 3 is replaced by the following text: Article 3 1. In cases where a refund is granted, it shall be fixed once a month. However, if the prices of maize and/or wheat in the Community or on the world market change in a significant way, the refund calcu- lated in accordance with paragraph 2 can be modified during this month to take account of these changes. 2. The refund per tonne of starch of maize, wheat, barley, oats, potatoes, rice or broken rice is calculated in particular on the basis of the difference between: (i) the maize market price in the Community, valid during the five days preceeding the day of fixing, taking into account the price levels noted for the wheat; and (ii) the average of the representative cif import Rotterdam prices used for the determination of the import duties of the maize, noted during the five days preceding the day of the beginning of applica- tion, multiplied by a coefficient of 1,60. 3.  The refund payable shall be that calculated in accordance with paragraph 2 and multiplied by the coefficient indicated to Annex II which corresponds to the CN code of the starch actually used for the manu- facture of the approved products.