CELEX: 31990R2823
Language: en
Date: 1990-09-29 00:00:00
Title: Commission Regulation (EEC) No 2823/90 of 28 September 1990 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 268 /62                                Official Journal of the European Communities                                 29 . 9 . 90
                                        COMMISSION REGULATION (EEC) No 2823/90
                                                        of 28 September 1990
                   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
                                                                             which are manufactured under similar conditions ;
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
No 1340/90 (2), and in particular the first sentence of the            (c) the need to ensure equality of competition for the
fourth subparagraph of Article 16 (2) thereof,                               industries which use Community products and those
                                                                             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)
No 1806/89 (4), and in particular the first sentence of the            Whereas in the absence of evidence that no production
fourth subparagraph of Article 1 7 (2) thereof,                         refund was granted pursuant to Council Regulation (EEC)
                                                                        No 1009/86 of 25 March 1986 establishing general rules
                                                                        applying to production refunds in the cereals and rice
                                                                        sector 0, 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 Commission Regulation (EEC) No 28/90 (9)
Whereas Council Regulation (EEC) No 3035/80 of 11                       specifies new criteria for the classification of products
November 1980 laying down general rules for granting                    falling within CN code 3505 10 50 ; whereas it is there­
export refunds on certain agricultural products exported                fore necessary to adopt certain provisions to ensure the
in the form of goods not covered , by Annex II to the                   deduction from any export refund payable of the amount
Treaty, and the criteria for fixing the amount of such                  of the production refund in cases where the product in
refunds (5), as last amended by Regulation (EEC) No                     question has previously benefited from a production
3209/88 (6), specifies the products for which a rate of                 refund pursuant to Regulation (EEC) No 1009/86, prior to
refund should be fixed, to be applied where these                       the implementation of the new criteria ;
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 Council Regulation (EEC) No 565/80 of 4
                                                                        March 1980 on the advance payment of export refunds in
                                                                        respect of agricultural products (10), as amended by Regu­
Whereas, in accordance with the first subparagraph of                   lation (EEC) No 2026/83 (n), and Commission Regulation
Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of             (EEC) No 3665/87 of 27 November 1987 laying down
the refund per 100 kilograms for each of the basic                      common detailed rules for the application of the system
 products in question must be fixed for each month ;                    of export refunds on agricultural products (u), as last
                                                                        amended by Regulation (EEC) No 1 61 5/90 (13), lay down
                                                                         rules on the advance payment of export refunds that must
Whereas, in accordance with paragraph 2 of that Article,                be adhered to when these are adjusted ;
 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 .                             (8) OJ No L 268, 15. 9 . 1989, p . 20 .
 (2) OJ No  L   134,  28. 5. 1990, p. 1 .                               O OJ No L 3, 6. 1 . 1990, p. 9.
 (3) OJ No  L   166,  25. 6. 1976, p. 1 .                               (10) OJ No L 62, 7. 3 . 1980, p. 5.
 (4) OJ No  L   177,  24. 6. 1989, p. 1 .                               (") OJ No L 199, 22. 7. 1983, p. 12.
 (*) OJ No  L   323,  29. 11 . 1980, p. 27.                             (12) OJ No L 351 , 14. 12. 1987, p . 1 .
  ') OJ No  L   286,  20. 10. 1988, p. 6.                               H OJ No L 152, 16. 6. 1990, p. 33.
 ---pagebreak--- 29. 9. 90                             Official Journal of the European Communities                             No L 268/63
Whereas, now that a settlement has been reached between           ance of the export declaration and the request for obtain­
the European Economic Community and the United                    ing the export refund, of proof that the basic products
States of America on Community exports of pasta                  used in the manufacture of the products to be exported
products to the United States and has been approved by            have not benefited from the production refund provided
Council Decision 87/482/EEC ('), it is necessary to differ­       for in that Regulation, and that such refund will not be
entiate the refund on goods falling within CN codes               applied for.
1902 11 00 and 190219 according to their destination ;
                                                                 The proof referred to in the first subparagraph is provided
Whereas, in order to ensure equitable treatment between           by the presentation by the exporter of a declaration from
maize products exported in the form of pellets, rolled or         the processor of the basic product in question attesting
flaked grains falling within CN code 1904 10 and other            that the latter product has not benefited from a produc­
maize products, it is necessary to differentiate the refunds      tion refund as provided for in Regulation (EEC) No
on those goods ;                                                  1009/86, and that no application for such refund will be
                                                                  made .
Whereas, in view of the present circumstances in the
German Democratic Republic and their effects on the
market situation, no refund should be fixed for products          3. When the proof referred to in paragraph 2 is not
to be exported to that destination ;                              provided, the export refund :
Whereas the measures provided for in this Regulation are          (a) applicable on the date of acceptance of the export
in accordance with the opinion of the Management                        declaration for the goods, or on the day specified in
Committee for Cereals,                                                  Article 26 (2) of Regulation (EEC) No 3665/87, where
                                                                        the rate is not fixed in advance ;
                                                                  (b) of which the rate is fixed in advance,
HAS ADOPTED THIS REGULATION /:
                                                                  will be reduced by the amount of the production refund
                           Article 1                              applicable pursuant to Regulation (EEC) No 1009/86 to
                                                                  the basic product in question on the day of acceptance of
 1 . Without prejudice to paragraphs 2 and 3 the rates of         the export declaration for the goods, or on thfe day speci­
the refunds applicable to the basic products appearing in         fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
Annex A to Regulation (EEC) No 3035/80 and listed                 the goods have been placed under the export refund
either in Article 1 of Regulation (EEC) No 2727/75 or in          advance payment arrangements.
Article 1 (1 ) of Regulation (EEC) No 1418 /76, exported in
the form of goods listed in Anriex B to Regulation (EEC)
No 2727/75 or in Annex B to Regulation (EEC) No                                              Article 2
 1418/76 respectively, are hereby fixed as shown in the
Annex to this Regulation.                                         The provisions of Article 1 (2) and (3) of this Regulation
                                                                  shall also apply to starches having on acetyl content by
However, no refund shall be fixed for such products               weight in the dry product of 0,25 % or more but less than
exported with destination the German Democratic Repu­             0,5%
blic.
2. For the products listed in the Annex to Regulation                                        Article 3
(EEC) No 1009/86, the refunds given in the Annex to this
Regulation shall be applied on presentation, at the accept­       This Regulation shall enter into force on 1 October 1990.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.                                            s
                   Done at Brussels, 28 September 1990 .
                                                                              For the Commission
                                                                              Martin BANGEMANN
                                                                                  Vice-President
(') OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 268 /64                        Official Journal of the European Communities                                  29 . 9 . 90
                                                           ANNEX
               to the Commission Regulation of 28 September 1990 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          8,880
                                     — In all other cases                                              13,661
                   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          6,376
                                     — In all other cases                                                9,809
                   1002 00 00        Rye                                                                 9,624
                   1003 00 90        Barley                                                             10,601
                   1004 00 90        Oats                                                                9,284
                   1005 90 00        Maize, other than hybrid maize for sowing) :
                                     — Maize in pellets, rolled or flake grains with a fat content
                                         exceeding 1,5 % in the form of goods falling within CN
                                         code 1904 10                                                     6,089
                                     — In all other cases                                               10,745
                   1006 20           Round grain husked rice                                           24,460
                                     Medium grain husked rice                                           22,692
                                     Long grain husked rice                                            22,692
                ex 1006 30           Round grain wholly milled rice                                     31,736
             \                       Medium grain wholly milled rice                                    38,664
                                     Long grain wholly milled rice                                      38,664
                    1006 40 00       Broken rice                                                        18,111
                    1007 00 90       Sorghum                                                              6,401
                    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          7,544
                                     — In all other cases                                               11,607
                    1102 10 00       Rye flour                                                          1 9,757
                    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         13,763
                                     — In all other cases                                               21,175
                    1103 1190         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          7,544
                                     — In all other cases                                               11,607