CELEX: 31989R3600
Language: en
Date: 1989-12-01 00:00:00
Title: Commission Regulation (EEC) No 3600/89 of 30 November 1989 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

No L 350/72                                Official Journal of the European Communities                                 1 . 12. 89
                                       COMMISSION REGULATION (EEC) No 3600/89
                                                       of 30 November 1989
                  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,                                 on the Community market and the prices ruling on
                                                                            the world markets ;
Having regard to the Treaty establishing the European
Economic Community,                                                   (b) the level of the refunds on exports of processed agri­
                                                                            cultural products covered by Annex II to the Treaty
                                                                            which are manufactured under similar conditions ;
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)            (c) the need to ensure equality of competition for the
No 2860/89 (2), and in particular the first sentence of the                 industries which use Community products and those
fourth subparagraph of Article 16.(2) thereof,                              which use third-country products under inward
                                                                            processing arrangements ;
Having regard to Council Regulation (EEC) No 1418/76
of 21 June 1976 on the common organization of the                     Whereas in the absence of evidence that no production
market in rice (3), as last amended by Regulation (EEC)               refund was granted under Council Regulation (EEC) No
No 1806/89 (4), and in particular the first sentence of the           1009/86 of 25 March 1986 establishing general rules
fourth subparagraph of Article 17 (2) thereof,                        applying to production refunds in the cereals and rice
                                                                      sector Q, as last amended by Regulation (EEC) No
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                2779/89 (8), the export refund should be reduced by the
and Article 17 (1 ) of Regulation (EEC) No 1418/76                    amount of the production refund applicable on the day of
provides that the difference between quotations of prices             acceptance of the export declaration ; whereas this system
on the world market for the products listed in Article 1 of           is the only one wich avoids the risk of fraud ;
each of those Regulations and the prices within the
Community may be covered by an export refund ;
                                                                      Whereas Council Regulation (EEC) No 565/80 of 4
                                                                      March 1980 on the advance payment of export refunds in
Whereas Council Regulation (EEC) No 3035/80 of 11                     respect of agricultural products f), as amended by Regula­
November 1980 laying down general rules for granting                  tion (EEC) No 2026/83 (10), and Commission Regulation
export refunds on certain agricultural products exported              (EEC) No 3665/87 of 27 November 1987 laying down
in the form of goods not covered by Annex II to the                   common detailed rules for the application of the system
Treaty, and the criteria for fixing the amount of such                of export refunds on agricultural products (u), as last
refunds (^ as last amended by Regulation (EEC) No                     amended by Regulation (EEC) No 3993/88 (12), lay down
3209/88 (% specifies the products for which a rate of                  rules on the advance payment of export refunds that must
refund should be fixed, to be applied where these                      be adhered to when these are adjusted ;
products are exported in the form of goods listed in
Annex B to Regulation (EEC) No 2727/75 or in Annex B
to Regulation (EEC) No 1418/76 as appropriate ;                        Whereas, now that a settlement has been reached between
                                                                       the European Economic Community and the United
Whereas, in accordance with the first subparagraph of                  States of America on Community exports of pasta
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of             products to the United States and has been approved by
the refund per 100 kilograms for each of the basic                     Council Decision 87/482/EEC (13), it is necessary to differ­
products in question must be fixed for each month ;                    entiate the refund on goods falling within CN codes
                                                                       190211 00 and 190219 according to their destination ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :            Whereas the measures provided for in this Regulation are
                                                                       in accordance with the opinion of the Management
(a) the average costs incurred by processing industries in             Committee for Cereals,
     obtaining supplies of the basic products in question
                                                                       0 OJ No L 94, 9. 4. 1986, p. 6.
(') OJ  No  L  281 , 1 . 11 . 1975, p. 1 .                             (8) OJ No L 268, 15. 9 . 1989, p. 20 .
(J) OJ  No  L  274,  23. 9 . 1989, p. 41 .                             O 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.
0   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.                             (12) OJ No L 354, 22. 12. 1988, p. 22.
(«) OJ  No  L  286,  20. 10. 1988, p. 6.                               H OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- 1 . 12. 89                            Official Journal of the European Communities                            No L 350/73
HAS ADOPTED THIS REGULATION :
                                                                  the processor of the basic product in question attesting
                                                                  that the latter product has not benefited from a produc­
                           Article 1                              tion refund as provided for in Regulation (EEC) No
                                                                  1009/86, and that no application for such refund will be
1 . "Without prejudice to paragraphs 2 and 3 the rates of         made.
the refunds applicable to the basic products appearing in
Annex A to Regulation (EEC) No 3035/80 and listed                 3.    When the proof referred to in paragraph 2 is not
either in Article 1 of Regulation (EEC) No 2727/75 or in          provided, the export refund :
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in        (a) applicable on the date of acceptance of the export
the form of goods listed in Annex B to Regulation (EEC)               declaration for the goods, or on the day specified in
No 2727/75 or in Annex B to Regulation (EEC) No                       Article 26 (2) of Regulation (EEC) No 3665/87, where
1418/76 respectively, are hereby fixed as shown in the                the rate is not fixed in advance ;
Annex to this Regulation.                                         (b) of which the rate is fixed in advance,
2. For the products listed in the Annex to Regulation             will be reduced by the amount of the production refund
(EEC) No 1009/86, the refunds given in the Annex to this          applicable under Regulation (EEC) No 1009/86 to the
Regulation shall be applied on presentation, at the accept­       basic product in question on the day of acceptance of the
ance of the export declaration and the request for obtain­        export declaration for the goods, or on the day specified
ing the export refund, of proof that the basic products           in Article 26 (2) of Regulation (EEC) No 3665/87, if the
used in the manufacture of the products to be exported            goods have been placed under the export refund advance
have not benefited from the production refund provided            payment arrangements.
for in that Regulation, and that such refund will not be
applied for.                                                                               Article 2
The proof referred to in the first subparagraph is provided       This Regulation shall enter into force on 1 December
by the presentation by the exporter of a declaration from         1989 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 30 November 1989 .
                                                                            For the Commission
                                                                             Karel VAN MIERT
                                                                       Member of the Commission
 ---pagebreak--- No L 350/74                        Official Journal of the European Communities                                1 . 12. 89
                                                          ANNEX
              to the Commission Regulation of 30 November 1989 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
                                                                                                  (ECU/100 kg)
                                                                                                      Rate
                    CN code                                 Description                            of refund
                  1001 10 90        Durum wheat :
                                    — On exports of goods falling within CN codes
                                        1902 11 00 and 1902 19 to the United States of America      12,538
            \                       — In all other cases                                            13,628
                  1001 90 99        Common wheat, and meslin (mixed wheat and rye) :
                                    — On exports of goods falling within CN codes
                                        1902 11 00 and 1902 19 to the United States of America        4,744:
                                    — In all other cases                                              5,157
                  1002 00 00        Rye                                                               6,424
                  1003 00 90        Barley                                                            7,725
                  1004 00 90        Oats                                                              7,505
                  1005 90 00        Maize, other than hybrid maize for sowing                         7,738
                  1006 20           Round grain husked rice                                         36,400
                                    Medium grain husked rice                                        35,691
                                    Long grain husked rice                                          35,691
               ex 1006 30           Round grain wholly milled rice                                  46,968
                                    Medium grain wholly milled rice                                  51,726
                                    Long grain wholly milled rice                                    51,726
                  1006 40 00        Broken rice                                                      13,935
                  1007 00 90        Sorghum                                                           5,846
                   1101 00 00       Wheat or meslin flour :
                                    — On exports of goods falling within CN codes
                                        1902 11 00 and 1902 19 to the United States of America        5,434
                                    — In all other cases                                              5,906
                   1102 10 00       Rye flour                                                        15,845
                   1103 11 10       Durum wheat groats and meal :
                                    — On exports of goods falling within CN codes
                                        1902 11 00 and 1902 19 to the United States of America       19,434
                                    — In all other cases                                             21,123
                   1103 11 90       Common wheat groats and meal :                              \
                                    — On exports of goods falling within CN codes
                                        1902 1 1 00 and 1902 19 to the United States of America       5,434
                                    — In all other cases                                              5,906