CELEX: 31991R2315
Language: en
Date: 1991-08-01 00:00:00
Title: Commission Regulation (EEC) No 2315/91 of 31 July 1991 fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex II to the Treaty

1 . 8 . 91                                  Official Journal of the European Communities                              No L 213 /41
                                             COMMISSION REGULATION (EEC) No 2315/91
                                                               of 31 July 1991
                      fixing the rates of the refunds applicable to certain cereal and rice products
                            exported in the form of goods not covered by Annex II to the Treaty
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                             (a) the average costs incurred by processing industries in
                                                                              obtaining supplies of the basic products in question
                                                                              on the Community market and the prices ruling on
  Having regard to the Treaty establishing the European                       the world markets ;
  Economic Community,
                                                                          (b) the level of the refunds on exports of processed agri­
  Having regard to Council Regulation (EEC) No 2727/75                        cultural products covered by Annex II to the Treaty
 of 29 October 1975 on the common organization of the                         which are manufactured under similar conditions ;
  market in cereals ('), as last amended by Regulation (EEC)
  No 3577/90 (2), and in particular the first sentence of the
  fourth subparagraph of Article 16 (2) thereof,                          (c) the need to ensure equality of competition for the
                                                                              industries which use Community products and those
                                                                              which use third-country products under inward
  Having regard to Council Regulation (EEC) No 1418/76                        processing arrangements ;
 of 21 June 1976 on the common organization of the
 market in rice (J), as last amended by Regulation (EEC)
 No 1 806/89 (4), and in particular the first sentence of the
 fourth subparagraph of Article 17 (2) thereof,                           Whereas in the absence of evidence that no production
                                                                          refund was granted pursuant to Council Regulation (EEC)
                                                                          No 1009/86 of 25 March 1986 establishing general rules
 Whereas Article 16 ( 1 ) of Regulation (EEC) No 2727/75                  applying to production refunds in the cereals and rice
 and Article 17 (1 ) of Regulation (EEC) No 1418/76                       sector Q, as last amended by Regulation (EEC) No
 provides that the difference between quotations of prices                3655/90 (8), the export refund should be reduced by the
                                                                          amount of the production refund applicable on the day of
 on the world market for the products listed in Article 1 of
 each of those Regulations and the prices within the                      acceptance of the export declaration ; whereas this system
 Community may be covered by an export refund ;                           is the only one wich avoids the risk of fraud ;
 Whereas Council Regulation (EEC) No 3035/80 of 11                       Whereas Council Regulation (EEC) No 565/80 of 4
 November 1980 laying down general rules for granting                    March 1980 on the advance payment of export refunds in
 export refunds on certain agricultural products exported                 respect of agricultural products (9), as amended by Regula­
 in the form of goods not covered by Annex II to the                      tion (EEC) No 2026/83 (10), and Commission Regulation
Treaty, and the criteria for fixing the amount of such                   (EEC) No 3665/87 of 27 November 1987 laying down
 refunds (*), as last amended by Regulation (EEC) No                     common detailed rules for the application of the system
 3381 /90 (6), specifies the products for which a rate of                of export refunds on agricultural products ("), as last
 refund should be fixed, to be applied where these                       amended by Regulation (EEC) No 1615/90 (l2), lay down
 products are exported in the form of goods listed in                    rules on the advance payment of export refunds that must
Annex B to Regulation (EEC) No 2727/75 or in Annex B                     be adhered to when these are adjusted ;
 to Regulation (EEC) No 1418/76 as appropriate ;
Whereas, in accordance with the first subparagraph of                    Whereas, now that a settlement has been reached between
Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of              the European Economic Community and the United
 the refund per 100 kilograms for each of the basic                      States of America on Community exports of pasta
products in question must be fixed for each month ;                      products to the United States and has been approved by
                                                                         Council Decision 87/482/EEC (u), it is necessary to differ­
                                                                         entiate the refund on goods falling within CN codes
Whereas, in accordance with paragraph 2 of that Article,                  1902 11 00 and 1902 19 according to their destination ;
that rate must be determined with particular reference to :
                                                                         0 OJ No L 94, 9 . 4.    1986, p. 6.
(')   OJ   No L 281 ,  1 . 11 . 1975, p. 1 .                             (s) OJ No L 362, 27.   12. 1990, p. 33.
(2)   OJ   No L 353,   17. 12. 1990, p. 23.                              0 OJ No L 62, 7. 3.     1980, p. 5 .
(3)   OJ   No L 166,   25. 6. 1976, p. 1 .                               H OJ No L 199, 22.      7. 1983, p. 12.
(4)   OJ   No L 177,   24. 6. 1989, p. 1 .                               (") OJ No L 351 , 14.   12. 1987, p. 1 .
0     OJ   No L 323,   29. 11 . 1980, p. 27.                             H OJ No L 152, 16.      6. 1990, p. 33 .
(<)   OJ   No L 327,   27. 11 . 1990, p. 4.                              (") OJ No L 275, 29.    9. 1987, p. 36.
 ---pagebreak---  No L 213/42                           Official Journal of the European Communities                                   1 . 8 . 91
Whereas, for the application of Article 4 (2) (b) of Regula­       for in that Regulation, and that such refund will not be
 tion ((EEC) No 3035/80, it is necessary to differentiate the     applied for.
 refunds ;
                                                                  The proof referred to in the first subparagraph is provided
Whereas the measures provided for in this Regulation are          by the presentation by the exporter of a declaration from
in accordance with the opinion of the Management                  the processor of the basic product in question attesting
Committee for Cereals,                                            that the latter product has not benefited from a produc­
                                                                  tion refund as provided for in Regulation (EEC) No
                                                                   1009/86, and that no application for such refund will be
HAS ADOPTED THIS REGULATION :                                     made .
                                                                  3. When the proof referred to in paragraph 2 is not
                            Article 1
                                                                  provided, the export refund :
1 . Without prejudice to paragraphs 2 and 3 the rates of          (a) applicable on the date of acceptance of the export
the refunds applicable to the basic products appearing in              declaration for the goods, or on the day specified in
Annex A to Regulation (EEC) No 3035/80 and listed                      Article 26 (2) of Regulation (EEC) No 3665/87, where
either in Article 1 of Regulation (EEC) No 2727/75 or in               the rate is not fixed in advance ;
Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in       (b) of which the rate is fixed in advance,
the form of goods listed in Annex B to Regulation (EEC)
No 2727/75 or in Annex B to Regulation (EEC) No                   will be reduced by the amount of the production refund
1418/76 respectively, are hereby fixed as shown in the            applicable pursuant to Regulation (EEC) No 1009/86 to
Annex to this Regulation.                                         the basic product in question on the day of acceptance of
                                                                  the export declaration for the goods, or on the day speci­
2. For the products listed in the Annex to Regulation             fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
(EEC) No 1009/86, the refunds given in the Annex to this          the goods have been placed under the export refund
Regulation shall be applied on presentation, at the accept­       advance payment arrangements.
ance of the export declaration and the request for obtain­
ing the export refund, of proof that the basic products                                      Article 2
used in the manufacture of the products to be exported
have not benefited from the production refund provided            This Regulation shall enter into force on 1 August 1991 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 31 July 1991 .
                                                                             For the Commission
                                                                            Martin BANGEMANN
                                                                                 Vice-President
 ---pagebreak--- 1 . 8 . 91                          Official Journal of the European Communities                                      No L 213/43
                                                             ANNEX
             Rates of 1 August 1991 to certain cereals and rice products exported in the form of goods not
                                            covered by Annex II to the Treaty
                                                                                                   Rate of refund
                 CN code                            Description of products (')                  per 1 00 kg of basic
                                                                                                       product
              1001 10 90     Durum wheat :
                              — used unprocessed :
           l                  — — on exports of goods falling within CN codes 1902 11 and
                                   1902 19 to the United States of America                               6,580
                              — — in all other cases                                                    10,966
                              — used in the form of :
           l                  — — pellets of CN code 1103, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                        6,580
           \                  — — hulled grains of CN code 1 104 and starch of CN code 1 108             9,869
                              — — germ of CN code 1104                                                   3,838
                              — — gluten of CN code 1109                                                  —
                              — — other (except flours of CN code 1101 and groats and meal of
                                   CN code 1103)                                                        10,966
                1001 90 99   Common wheat and meslin :
                              — used unprocessed :
                                   on exports of goods falling within CN code 190211 and
                                   1902 19 to the United States of America                               5,281
                              — — in all other cases                                                     8,802
                              — used in the form of :                 <
                                   pellets of CN code 1103, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                        5,281
                              — —  hulled grains of CN code 1104 and starch of CN code 1108              7,922
                              — —  germ of CN code 1104                                                  3,081
                              — —  gluten of CN code 1109                                                 —
                              — —  other (except flours of CN code 1101 , and groats and meal of
                                   CN code 1103                                                          8,802
                1002 00 00   Rye :
                              — used unprocessed                                                         9,462
                              — used in the form of :
           I                  — — pellets of CN code 1103, or pearled grains of CN code 1104             5,677
                              — — rolled or flaked grains and hulled grains of CN code 1 104             8,516
                              — — germ of CN code 1104                                                   4,087
                              — — starch                                                                11,676
                              — — gluten                                                                  —
                              — — other (except flours of CN code 1102)                                  9,462
                1003 00 90   Barley :
                              — used unprocessed                                                         8,205
                              — used in the form of :
           l                  — — flours of CN code 1102, groats and meal of CN code 1103,
                                   or rolled, flaked or pearled grains of CN code 1104                   5,744
           l                  — — pellets of CN code 1103                                                4,923
                              — — germs of CN code 1104                                                  4,087
                              — — starch                                                                11,676
                              — — gluten                                                                  —
                              — — other                                                                  8,205
 ---pagebreak--- No L 213/44                                Official Journal of the European Communities                                            1 . 8. 91
                                                                                                                Rate of refund
                  CN code                                 Description of products (')                         per 100 kg of basic
                                                                                                                    product
                 1004 00 90        Oats :
                                    — used unprocessed                                                                7,740
          1                         — used in the form of :
                                    — — pellets of CN code 1103, and pearled grains of CN code
                                          1104                                                                        4,644
                                    — — rolled or flaked grains and hulled grains of CN code 1104                     6,966
          \                         — — germs of CN code 1104                                                         4,087
                                   — — starch                                                                       11,676
                                   — — gluten                                                                          —
                                   — — other                                                                          7,740
                 1005 90 00        Maize (Corn) :
                                   — used unprocessed                                                               11,676
                                   — used in the form of :
                                   — — flours of CN codes 110220 10 and 1102 20 90                                    8,174
                                   — — groats and meal of CN code 1003 and rolled or flaked grains
                                          of CN code 1104                                                             9,341
                                   — — pellets of CN code 1103                                                        7,006
                                   — — hulled or perled grains of CN code 1104                                      10,509
          \                        — — germs of CN code 1 1 04                                                        4,087
                                   — — starch                                                                       11,676
                                   — — gluten                                                                         4,671
                                   — — other                                                                        11,676
                 1006 20           Round grain husked rice                                                          22,048
                                   Medium grains husked rice                                                        16,385
                                   Long grain husked rice                                                           16,385
            ex 1006 30             Round grain wholly-milled rice                                                   28,435
                                   Medium grain wholly-milled rice                                                  33,427
                                   Long grain wholly-milled rice                                                    33,427
                 1006 40 00        Broken rice :
          \                        — used unprocessed                                                               12,153
                                   — other                                                                             —
                 1007 00 90        Sorghum                                                                            5,838
                 1101 00 00        Wheat or meslin flour :
                                    — on exports of goods falling within CN codes 1 902 1 1 and
                                      1902 19 to the United States of America                                         6,229
                                   — in all other cases                                                             10,381
                 1102 10 00        Rye flour                                                                        17,355
                 1103 11 10        Durum wheat groats and meal :
                                    — on exports of goods falling within CN codes 1 902 1 1 and
                                      1902 19 to the United States of America                                       10,198
                                    — in all other cases                                                            16,997
                 1103 11 90        Common wheat groats and meal :
                                    — on exports of goods falling within CN codes 1 902 1 1 and
                                      1902 19 to the United States of America                                         6,229
                                    — in all other cases                                                            10,381
            (') The quantities of semi-processed products used must be multiplied, as the case may be by the coefficients shown in
                Annex I to Regulation (EEC) No 2744/75.