CELEX: 31989R2951
Language: en
Date: 1989-09-30 00:00:00
Title: Commission Regulation (EEC) No 2951/89 of 29 September 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 281 /80                             Official Journal of the European Communities                                 30 . 9 . 89
                                     COMMISSION REGULATION (EEC) No 2951/89
                                                     of 29 September 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 2860/89 (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 1 806/89 (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 f), 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 1 1                  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 (*), as last amended by Regulation (EEC) No                common detailed rules for the application of the system
 3209/88 (6), specifies the products for which a rate of            of export refunds on agricultural products (") 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
                                                                     1902 11 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,
 (') OJ No L 281 , 1 . 11 . 1975, p. 1 .                             n OJ No L 94, 9. 4. 1986, p. 6.
 0 OJ No L 274, 23. 9. 1989, p. 41 .                                 (*) 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.
 b) OJ No L 177, 24. 6. 1989, p. 1 .                                 (,0) 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--- 30. 9 . 89                            Official Journal of the European Communities                           No L 281 /81
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 refund, 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 October 1989.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 29 September 1989.
                                                                           For the Commission
                                                                            Karel VAN MIERT
                                                                      Member of the Commission
 ---pagebreak--- No L 281 /82                        Official Journal of the European Communities                              30. 9. 89
                                                           ANNEX
               to the Commission Regulation of 29 September 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    12,597
                                     — In all other cases                                          12,724
                   1001 90 99        Common wheat, and meslin (mixed wheat and rye) :
                                     — On exports of goods falling within CN codes
                                         1902 1 1 00 and 1902 19 to the United States of America    4,057
                                     — In all other cases                                           4,098
                   1002 00 00        Rye                                                             6,293
                   1003 00 90        Barley                                                          7,048
                   1004 00 90        Oats                                                            7,304
                   10059000          Maize, other than hybrid maize for sowing                      7,613
                   1006 20           Round grain husked rice                                       34,787
                                     Medium grain husked rice                                      30,051
                                     Long grain husked rice                                        30,051
                ex 1006 30           Round grain wholly milled rice                                44,886
                                     Medium grain wholly milled rice                               43,552
                                     Long grain wholly milled rice                                 43,552
                   1006 40 00        Broken rice                                                   10,704
                   1007 0090         Sorghum                                                         5,542
                   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      4,538
                                     — In all other cases                                            4,584
                   110210 00         Rye flour                                                     15,472
                   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   19,525
             I                       — In all other cases                                          19,722
                   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      4,538
                                     — In all other cases                                            4,584