CELEX: 31989R2350
Language: en
Date: 1989-08-01 00:00:00
Title: Commission Regulation (EEC) No 2350/89 of 31 July 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

1 . 8 . 89                                 Official Journal of the European Communities                             No L 222/49
                                       COMMISSION REGULATION (EEC) No 2350/89
                                                           of 31 July 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 Regulation (EEC) No 2727/75 of the
Council of 29 October 1975 on the common organization
of the market in cereals ('), as last amended by Regulation          (c) the need to ensure equality of competition for the
(EEC) No 1213/89 (2), and in particular the first sentence                 industries which use Community products and those
of the 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
market in rice (3), as last amended by Regulation (EEC)              Whereas in the absence of evidence that no production
No 1806/89 (4), and in particular the first sentence of the          refund was granted under Council Regulation (EEC) No
fourth subparagraph of Article 17 (2) thereof,                        1009/86 of 25 March 1986 establishing general rules
                                                                     applying to production refunds in the cereals and rice
                                                                     sector Q, as last amended by Commission Regulation
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75               (EEC) No 1990/89 (8), the export refund should be
and Article 17 (1) of Regulation (EEC) No 1418/76                     reduced by the amount of the production refund appli­
provides that the difference between quotations of prices             cable on the day of acceptance of the export declaration ;
on the world market for the products listed in Article 1 of          whereas this system is the only one wich avoids the risk
each of those Regulations and the prices within the                  of fraud ;
Community may be covered by an export refund ;
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 (®), 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 0, as last amended by Regulation (EEC) No                     common detailed rules for the application of the system
3209/88 0, specifies the products for which a rate of                 of export refunds on agricultural products (M) lay down
refund should be fixed, to be applied where these                     rules on the advance payment of export refunds that must
products are exported in the form of goods listed in                  be adhered to when these are adjusted ;
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 (l2), 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 1902 19 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
(a) the average costs incurred by processing industries in            in accordance with the opinion of the Management
     obtaining supplies of the basic products in question             Committee for Cereals,
O   OJ   No L  281 , 1 . 11 . 1975, p. 1 .                            O OJ No L 94, 9. 4. 1986, p. 6.
0   OJ   No L  128,  11 . 5. 1989, p. 1 .                             (») OJ No L 190, 5. 7. 1989, p. 13.
(3) OJ   No L  166,  25. 6. 1976, p. 1 .                              O OJ No L 62, 7. 3. 1980, p. 5.
O   OJ   No L  177,  24. 6. 1989, p. 1 .                              H OJ No L 199, 22. 7. 1983, p. 12.
0   OJ   No L  323,  29. 11 . 1980, p. 27.                            (») OJ No L 351 , 14. 12. 1987, p. 1 .
(«) OJ   No L  286,  20. 10. 1988, p. 6.                              (12) OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 222/50                           Official Journal of the European Communities                                  1 . 8 . 89
HAS ADOPTED THIS REGULATION :                                     that the latter product has not benefited from a produc­
                                                                  tion refund as provided for in Regulation (EEC) No
                           Article 1                              1009/86, and that no application for such refund will be
                                                                  made.
1 . Without prejudice to paragraphs 2 and 3 the rates of
the refunds applicable to the basic products appearing in         3. When the proof referred to in paragraph 2 is not
Annex A to Regulation (EEC) No 3035/80 and listed                 provided, the export refund :
either in Article 1 of Regulation (EEC) No 2727/75 or in
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
(EEC) No 1009/86, the refunds given in the Annex to this          will be reduced by the amount of the production refund
Regulation shall be applied on presentation, at the accept­       applicable under Regulation (EEC) No 1009/86 to the
ance of the export declaration and the request for obtain­        basic product in question on the day of acceptance of the
ing the export refuhd, of proof that the basic products           export declaration for the goods, or on the day specified
used in the manufacture of the products to be exported            in Article 26 (2) of Regulation (EEC) No 3665/87, if the
have not benefited from the production refund provided            goods have been placed under the export refund advance
for in that Regulation, and that such refund will not be          payment arrangements .
applied for.
The proof referred to in the first subparagraph is provided                                Article 2
by the presentation by the exporter of a declaration from
the processor of the basic product in question attesting          This Regulation shall enter into force on 1 August 1989.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 31 July 1989.
                                                                            For the Commission
                                                                            Martin BANGEMANN
                                                                                Vice-President
 ---pagebreak--- 1 . 8 . 89                        Official Journal of the European Communities                              No L 222/51
                                                         ANNEX
             to the Commission Regulation of 31 July 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)
                   CN code                                                                         Rate
                                                           Description                          of refund
                  1001 10 90       Durum wheat :
                                   — On exports of goods falling within CN codes
                                       1902 1 1 00 and 1902 19 to the United States of America   12,095
                                   — In all other cases                                          12^17
                  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     4,851
                                   — In all other cases                                           4,900
                  1002 00 00       Rye                                                            5,753
                  1003 00 90       Barley                                                         5,753
                  1004 00 90       Oats                                                           5,094
                  1005 90 00       Maize, other than hybrid maize for sowing                      7,196
                 1006 20           Round grain husked rice                                       37,972
                                   Medium grain husked rice                                      32,591
                                   Long grain husked rice                                        32,591
              ex 1006 30           Round grain wholly milled rice                                48,996
                                   Medium grain wholly milled rice                               47,233
                                   Long grain wholly milled rice                                 47,233
                  1006 40 00       Broken rice                                                     7,375
                  1007 00 90       Sorghum                                                         6,315
                  1101 00 00       Wheat or meslin flour :
                                   — On exports of goods falling within CN codes
                                       1902 1 1 00 and 1902 19 to the United States of America     5,635
                                   — In all other cases                                            5,692
                  110210 00        Rye flour                                                     16,534
                  1103 11 10       Durum 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   18,747
           I                       — In all other cases                                          18,936
                  1103 11 90       Common wheat groats and meal :
                                   — On exports of goods falling within CN codes
                                       1902 11 00 and 1902 19 to the United States of America      5,635
                                   — In all other cases                                            5,692