CELEX: 31993R1054
Language: en
Date: 1993-05-01 00:00:00
Title: Commission Regulation (EEC) No 1054/93 of 30 April 1993 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 . 5. 93                                 Official Journal of the European Communities                          No L 108/ 59
                                        COMMISSION REGULATION (EEC) No 1054/93
                                                          of 30 April 1993
                    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,
 Having regard to Council Regulation (EEC) No 2727/75                (b) the level of the refunds on exports of processed agri­
 of 29 October 1975 on the common organization of the                     cultural products covered by Annex II to the Treaty
                                                                          which are manufactured under similar conditions :
 market in cereals ('), as last amended by Regulation (EEC)
 No 1738/92 (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
 Having regard to Council Regulation (EEC) No 1418/76                     which use third-country products under inward
 of 21 June 1976 on the common organization of the                        processing arrangements ;
 market in rice (J), as last amended by Regulation (EEC)
 No 674/92 (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)
 Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75              No 1009/86 of 25 March 1986 establishing general rules
 and Article 17 (1 ) of Regulation (EEC) No 1418/76                  applying to production refunds in the cereals and rice
 provide that the difference between quotations of prices            sector f), as last amended by Regulation (EEC)
 on the world market for the products listed in Article 1 of         No 1309/92 (8), the export refund should be reduced by
 each of those Regulations and the prices within the                 the amount of the production refund applicable on the
 Community may be covered by an export refund ;                      day of acceptance of the export declaration ; whereas this
                                                                     system is the only one which avoids the risk of fraud ;
Whereas Council Regulation (EEC) No 3035/80 of
 11 November 1980 laying down general rules for granting
 export refunds on certain agricultural products exported            Whereas Council Regulation (EEC) No 565/80 of
 in the form of goods not covered by Annex II to the                 4 March 1980 on the advance payment of export refunds
Treaty, and the criteria for fixing the amount of such               in respect of agricultural products (9), as amended by
refunds (*), as last amended by Regulation (EEC)                     Regulation (EEC) No 2026/83 (10), and Commission Regu­
No 3381 /90 (*), specifies the products for which a rate of          lation (EEC) No 3665/87 of 27 November 1987 laying
refund should be fixed, to be applied where these                    down common detailed rules for the application of the
products are exported in the form of goods listed in                 system of export refunds on agricultural products ("), as
Annex B to Regulation (EEC) No 2727/75 or in Annex B                 last amended by Regulation (EEC) No 1 525/92 (l2), lay
to Regulation (EEC) No 1418/76 as appropriate ;                      down rules on the advance payment of export refunds
                                                                     that must be adhered to when these are adjusted ;
Whereas, in accordance with the first subparagraph of
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of           Whereas, now that a settlement has been reached between
the refund per 100 kilograms for each of the basic                   the European Economic Community and the United
products in question must be fixed for each month ;                  States of America on Community          exports of pasta
                                                                     products to the United States and has   been approved by
                                                                     Council Decision 87/482/EEC (I3), it is necessary to diffe­
Whereas, in accordance with paragraph 2 of that Article,             rentiate the refund on goods falling    within CN codes
that rate must be determined with particular reference to :
                                                                     o OJ No L 94, 9. 4. 1986, p. 6.
(')  OJ  No L  281 , 1 . 11 . 1975, p. 1 .                           (8) OJ No L 139, 22. 5. 1992, p. 47.
(2)  OJ  No L  180, 1 . 7. 1992, p. 1 .                              0 OJ No L 62, 7. 3. 1980, p. 5.
(3)  OJ  No L  166, 25. 6. 1976, p. 1 .                              O OJ No L 199, 22. 7. 1983, p. 12.
(4)  OJ  No L  73, 19. 3. 1992, p. 7.                                (") OJ No L 351 , 14. 12. 1987, p. 1 .
M Ol Nn I            79   11   19fift n  r
                                                                     H OJ No L 160, 13. 6. 1992, p. 7.
(6) OJ No L 327, 27. 11 . 1990, p. 4.                                (13) OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 108/60                          Official Journal of the European Communities                                  1 . 5. 93
190211 00 and 190219 according to their destination ;          The proof referred to in the first subparagraph is provided
                                                               by the presentation by the exporter of a declaration from
                                                               the processor of the basic product in question attesting
Whereas, for the application of Article 4 (2) (b) of Regula­   that the latter product has not benefited form a produc­
tion (EEC) No 3035/80, it is necessary to differentiate the    tion refund as provided for in Regulation (EEC)
refunds ;                                                      No 1009/86, and that no application for such refund will
                                                               be made.
Whereas Council Regulation (EEC) No 990/93 (') prohi­
bits trade between the European Economic Community
and the Federal Republic of Yugoslavia (Serbia and             3. When the proof referred to in paragraph 2 is not
Montenegro) ; whereas this prohibition does not apply in       provided, the export refund :
certain situations as comprehensively listed in Articles 2,
4, 5 and 7 thereof ; whereas account should be taken of        (a) applicable on the date of acceptance of the export
this fact when fixing the refunds ;                                 declaration for the goods, or on the day specified in
                                                                    Article 26 (2) of Regulation (EEC) No 3665/87, where
                                                                    the rate is not fixed in advance ;
Whereas in particular the export refund for unprocessed
starches falling within CN code 1108 is granted only if        (b) of which the rate is fixed in advance,
the dry matter content is at least 77 % in the case of
potato starch and at least 84 % in the case of cereal star­    will be reduced by the amount of the production refund
ches ;                                                         applicable pursuant to Regulation (EEC) No 1009/86 to
                                                               the basic product in question on the day of acceptance of
                                                               the export declaration for the goods, or on the day speci­
Whereas with regard to potatoes, only potato starches are       fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
subject to common organization of the market, conse­           the goods have been placed under the export refund
quently steps should be taken to specify the terms that        advance payment arrangements.
these potato starches should meet in order to qualify for
refunds ;
Whereas the Management Committee for Cereals has not                                      Article 2
delivered an opinion within the time limit set by its
chairman,
                                                                1 . The refund for starches and potato starch falling
                                                               within CN code 1 108 or products falling within Annex A
                                                                to Regulation (EEC) No 2727/75 resulting from the
                                                                processing of these starches and potato starch is granted
HAS ADOPTED THIS REGULATION :                                   only on production of a declaration from the suppliers of
                                                                those products attesting that they have been directly
                                                                produced from cereals, potatoes or rice excluding all use
                                                                of subproducts obtained in the production of other agri­
                           Article 1                            cultural products or goods.
1 . Without prejudice to paragraphs 2 and 3 the rates of       The above declaration can be considered valid, until revo­
the refunds applicable to the basic products appearing in       cation, for all supplies from the same producer ; it shall
Annex A to Regulation (EEC) No 3035/80 and listed               be verified in accordance with the provisions of Article 8
either in Article 1 of Regulation (EEC) No 2727/75 or in       (1 ) and the first indent of paragraph 2 of Regulation (EEC)
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in      No 3035/80 .
the form of goods listed in Annex B to Regulation (EEC)
No 2727/75 or in Annex B to Regulation (EEC) No
1418/76 respectively, are hereby fixed as shown in the          2. Where the dry-extract content of potato starch assi­
Annex to this Regulation.                                       milated to maize starch pursuant to Article 1 (2) (a) of
                                                                Regulation (EEC) No 3035/80 is 80 % or higher, the rate
2. For the products listed in the Annex to Regulation           of the export refund shall be as laid down in the Annex ;
                                                               where the dry-extract content is less than 80 % the rate of
(EEC) No 1009/86, the refunds given in the Annex to this        the refund shall be the amount laid down in the Annex
Regulation shall be applied on presentation, at the accep­
                                                                multiplied by l /80th of the actual dry-extract percentage.
tance of the export declaration and the request for obtai­
ning the export refund, of proof that the basic products
used in the manufacture of the products to be exported          For all other starches with a dry-extract content of 87 %
have not benefited from the production refund provided          or more, the rate of the export refund shall be as laid
for in that Regulation, and that such refund will not be        down in the Annex ; where the dry-extract content is less
applied for.                                                    then 87 % the amount of the refund shall be the rate laid
                                                                down in the Annex multiplied by 1 /8 7th of the actual
0 OJ No L 102, 28. 4. 1993, p. 14.                              dry-extract percentage.
 ---pagebreak---  1 . 5. 93                            Official Journal of the European Communities                           No L 108 /61
 3. For the purposes of paragraph 1 above, the                  content of the starches concerned, unless this information
 dryextract content of starches shall be determined using       has been recorded by the competent authorities referred
 the method applied to flour in Annex II to Commission          to in Article 3 (2) of Regulation (EEC) No 3035/80, in
 Regulation (EEC) No 1908/84 ('), as last amended by            accordance with the provisions of that paragraph.
 Regulation (EEC) No 2507/87 (2).
                                                                                         Article 3
 4. At the time of application for the export refund for
 the goods the applicant must declare the dry-extract           This Regulation shall enter into force on 1 May 1993.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 30 April 1993.
                                                                         For the Commission
                                                                        Martin BANGEMANN
                                                                     Member of the Commission
(>) OJ No L 178, 5. 7. 1984, p. 22.
(2) OJ No L 235, 20. 8 . 1987, p. 10.
 ---pagebreak--- No L 108/62                        Official Journal of the European Communities                                     1 . 5. 93
                                                           ANNEX
          to the Commission Regulation of 30 April 1993 fixing the rates of the refunds applicable 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 100 kg of basic
                                                                                                    product (2)
            1001 10 00      Durum wheat :
                            — used unprocessed :
                                  on exports of goods falling within CN codes 190211 and
                                  1902 19 to the United States of America                              7,498
                            — — in all other cases                                                    13,633
                             — used in the form of :
                            — — pellets of CN code 1103, or grains otherwise worked (other
                                  than hulled, kibbled, or germ) of CN code 1104                       4,693
                             — — hulled grains of CN code 1104 and starch of CN code 1108              7,039
                             — — germ of CN code 1 1 04                                                2,737
                             — — gluten of CN code 1109                                                 —
                             — — other (except flours of CN code 1101 and groats and meal of
                                  CN code 1103)                                                        7,821
              1001 90 99    Common wheat and meslin :
                             — used unprocessed :
                             — — on exports of goods falling within CN code 1902 11 and
                                  1902 19 to the United States of America                              4,302
                             — — in all other cases                                                    7,821
                             — used in the form of :
                             — — pellets of CN code 1103, or grains otherwise worked (other
                                  than hulled, kibbled, or germ) of CN code 1104                       4,693
                             — — hulled grains of CN code 1104 and starch of CN code 1108              7,039
                             — — germ of CN code 1104                                                  2,737
                             — — gluten of CN code 1109                                                 —
                             — — other (except flours of CN code 1 101 , and groats and meal of
                                  CN code 1103                                                         7,821
              1002 00 00    Rye :
                             — used unprocessed                                                        9,771
                             — used in the form of :
                             — — pellets of CN code 1103, or pearled grains of CN code 1104            5,862
                             — — rolled or flaked grains and hulled grains of CN code 1104             8,794
                             — — germ of CN code 1104                                                  3,220
                                  starch of CN code 1108 19 90                                         9,200
                             — — gluten of CN code 2303 10 90                                           —
                             — — other (except flours of CN code 1102)                                 9,771
              1003 00 80    Barley :
                             — used unprocessed                                                        8,473
                             — used in the form of :
                             — — flours of CN code 1102, groats and meal of CN code 1103,
                                  or rolled, flaked or pearled grains of CN code 1104                  5,931
                             — — pellets of CN code 1103                                               5,084
                             — - germs of CN code 1104                                                 3,220
                             — — starch of CN code 1108 19 90                                          9,200
                             — — gluten of CN code 2303 10 90                                           —
                             — — other                                                                 8,473
 ---pagebreak--- 1 . 5. 93                                 Official Journal of the European Communities                                              No L 108/63
                                                                                                                  Rate of refund
                  CN code                                 Description of products (l)                           per 100 kg of basic
                                                                                                                    product (2)
                1004 00 00        Oats :
                                  — used unprocessed                                                                  10,072
                                  — used in the form of :
                                  — — pellets of CN code 1103, and pearled grains of CN code
                                         1104                                                                          6,043
                                  — — rolled or flaked grains and hulled grains of CN code 1104                        9,065
                                  — — germs of CN code 1104                                                            3,220
                                  — — starch of CN code 1108 19 90                                                     9,200
                                  — — gluten of CN code 2303 10 90                                                      —
                                         other (3)                                                                    10,072
                1005 90 00        Maize (Corn):
                                  — used unprocessed                                                                   9,200
                                  — used in the form of :
                                  — — flours of CN codes 110220 10 and 1102 20 90                                      6,440
                                  — — groats and meal of CN code 1003 and rolled or flaked grains
                                         of CN code 1104                                                               7,360
                                  —  — pellets of CN code 1103                                                         5,520
                                  —  — hulled or perled grains of CN code 1104                                         8,280
                                  —  — germs of CN code 1 1 04                                                         3,220
                                  —  — starch of CN code 1108 12 00                                                    9,200
                                  —  — gluten of CN code 2303 10 11                                                    3,680
                                         other                                                                         9,200 (3)
                1006 20           Round grain husked rice                                                            25,872
                                  Medium grains husked rice                                                          27,527
                                  Long grain husked rice                                                             27,527
           ex 1006 30             Round grain wholly-milled rice                                                     33,581
                                  Medium grain wholly-milled rice                                                    37,000
                                  Long grain wholly-milled rice                                                      37,000
                1 006 40 00       Broken rice :
                                  — used unprocessed                                                                   9,822
                                  — used in the form of :
                                         flour of CN code 1102 30, groats and meal or pellets of CN
                                         code 1103                                                                     9,822
                                  — — flaked grains of CN 110419 91                                                    5,893
                                  — — starch of CN code 1108 19 10                                                     9,822
                                  — — other                                                                             —
                1007 00 90       Sorghum                                                                               6,339
                1101 00 00       Wheat or meslin flour :
                                  — on exports of goods falling within CN codes 190211 and
                                     1902 19 to the United States of America                                           5,074
                                  — in all other cases                                                                 9,225
                11021000         Rye flour                                                                           19,448
                1103 11 30       Durum wheat groats :
                1103 11 50       Durum wheat meal :
                                  — on exports of goods falling within CN codes 1902 11 and
                                     1902 19 to the United States of America                                         11,622
                                  — in all other cases                                                               21,130
                1103 11 90       Common wheat groats and spelt :
                                  — on exports of goods falling within CN codes 1902 11 and
                                     1902 19 to the United States of America                                           5,074
                                  — in all other cases                                                                 9,225
          (') 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.
          (2) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where the condi­
              tions laid down in Regulation (EEC) No 990/93 are observed.
          0 For syrups of CN codes 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the
              export refund may be granted only for the glucose syrup.