CELEX: 31989R0252
Language: en
Date: 1989-02-01 00:00:00
Title: Commission Regulation (EEC) No 252/89 of 31 January 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 . 2. 89                              Official Journal of the European Communities                              No L 30/41
                                      COMMISSION REGULATION (EEC) No 252/89
                                                      of 31 January 1989
                 fixing the rates of the refunds applicable to certain cereal and rice products
                      exported in die 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
of 29 October 1975 on the common organization of the                   which are manufactured under similar conditions ;
market in cereals ('), as last amended by Regulation (EEC)
No 166/89 (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
                                                                       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 2229/88 (4), and in particular the first sentence of the       Whereas Article 4 (3) of Regulation (EEC) No 3035/80
fourth subparagraph of Article 17 (2) thereof,                    provides that, when the rate of the refunds is being fixed,
                                                                  account should be taken, where appropriate, of produc­
                                                                  tion refunds, aids or other measures having equivalent
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75            effect applicable in all Member States in accordance with
and Article 17 ( 1 ) of Regulation (EEC) No 1418/76               the Regulation on the common organization of the
provides that the difference between quotations of prices         market in the product in question to the basic products
on the world market for the products listed in Article 1 of       listed in Annex A to that Regulation or to assimilated
each of those Regulations and the prices within the               products ; whereas such production refunds are granted
Community may be covered by an export refund ;                    under the conditions laid down in Council Regulation
                                                                  (EEC) No 2742/75 of 29 October 1975 on production
                                                                  refunds in the cereals and rice sectors Q, as last amended
Whereas Council Regulation (EEC) No 3035/80 of 11                 by Regulation (EEC) No 1009/86 (8), and Council Regula­
November 1980 laying down general rules for granting              tion (EEC) No 1009/86 of 25 March 1986 establishing
export refunds on certain agricultural products exported          general rules applying to production refunds in the
in the form of goods not covered by Annex II to the               cereals and rice sector ;
Treaty, and the criteria for fixing the amount of such
refunds ^, as last amended by Regulation (EEC) No
3209/88 (% specifies the products for which a rate of
refund should be fixed, to be applied where these                 Whereas account should be taken, for the purposes of
products are exported in the form of goods listed in              Article 4 (3) of Regulation (EEC) No 3035/80, of the
Annex B to Regulation (EEC) No 2727/75 or in Annex B              production refund provided for in Regulation (EEC) No
to Regulation (EEC) No 1418/76 as appropriate ;                   2742/75 applicable during the month in which exporta­
                                                                  tion occurs ; whereas, moreover, in the absence of
                                                                  evidence that no production refund was granted under
Whereas, in accordance with the first subparagraph of             Regulation (EEC) No 1009/86 the export refund should
Article 4 (1) of Regulation (EEC) No 3035/80, the rate of         be further reduced by the amount of the production
the refund per 100 kilograms for each of the basic                refund applicable on the day of acceptance of the export
products in question must be fixed for each month ;               declaration ; whereas this system is the only one which
                                                                  discards the risk of fraud ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :       Whereas Council Regulation (EEC) No 565/80 of 4
                                                                  March 1980 on the advance payment of export refunds in
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                            respect of agricultural products (®), as amended by Regula­
0 OJ No L 20, 25. 1 . 1989, p. 16.
  3) OJ No L 166, 25. 6. 1976, p. 1 .
(<) OJ No L 197, 26. 7. 1988, p. 30.                               0 OJ No L 281 , 1 . 11 . 1975, p. 57.
h OJ No L 323, 29. 11 . 1980, p. 27.                               C) OJ No L 94, 9. 4. 1986, p. 6.
¥) OJ No L 286, 20. 10. 1988, p. 6.                                (') OJ No L 62, 7. 3. 1980, p. 5.
 ---pagebreak---    No L 30/42                             Official Journal of the European Communities                                  1 . 2. 89
< tion (EEC) No 2026/83 ('), and Commission Regulation              ance of the export declaration and the request for obtain­
  (EEC) No 3665/87 of 27 November 1987 laying down                  ing the export refund, of proof that the basic products
  common detailed rules for the application of the system           used in the manufacture of the products to be exported
  of export refunds on agricultural products (2) lay down           have not benefited from the production refund provided
  rules on the advance payment of export refunds that must          for in that Regulation, and that such refund will not be
  be adhered to when these are adjusted ;                           applied for.
  Whereas, now that a settlement has been reached between
  the European Economic Community and the United                    The proof referred to in the first subparagraph is provided
  States of America on Community exports of pasta                   by the presentation by the exporter of a declaration from
  products to the United States and has been approved by            the processor of the basic product in question attesting
  Council Decision 87/482/EEC (3), it is necessary to differ­       that the latter product has not benefited from a produc­
                                                                    tion refund as provided for in Regulation (EEC) No
  entiate the refund on goods falling within subheadings            1009/86, and that no application for such refund will be
  1902 11 00 and 1902 19 of the combined nomenclature
                                                                    made.
  according to their destination ;
  Whereas the measures provided for in this Regulation are          3. When the proof referred to in paragraph 2 is not
  in accordance with the opinion of the Management                  provided, the export refund :
  Committee for Cereals,
                                                                    (a) applicable on the date of acceptance of the export
                                                                        declaration for the goods, or on the day specified in
  HAS ADOPTED THIS REGULATION :                                         Article 26 (2) of Regulation (EEC) No 3665/87, where
                                                                        the rate is not fixed in advance ;
                             Article 1
                                                                    (b) of which the rate is fixed in advance,
  1 . Without prejudice to paragraphs 2 and 3 the rates of          will be reduced by the amount of the production refund
  the refunds applicable to the basic products appearing in
  Annex A to Regulation (EEC) No 3035/80 and listed
                                                                    applicable under Regulation (EEC) No 1009/86 to the
  either in Article 1 of Regulation (EEC) No 2727/75 or in
                                                                    basic product in question on the day of acceptance of the
  Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in
                                                                    export declaration for the goods, or on the day specified
                                                                    in Article 26 (2) of Regulation (EEC) No 3665/87, if the
  the form of goods listed in Annex B to Regulation (EEC)           goods have been placed under the export refund advance
  No 2727/75 or in Annex B to Regulation (EEC) No
                                                                    payment arrangements.
  1418/76 respectively, are hereby fixed as shown in the
  Annex to this Regulation.
  2. For the products listed in the Annex to Regulation                                      Article 2
  (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 February 1989.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels, 31 January 1989.
                                                                              For the Commission
                                                                              Martin BANGEMANN
                                                                                  Vice-President
   (>) OJ No L 199, 22. 7. 1983, p. 12.
   (2) OJ No L 351 , 14. 12. 1987, p. 1 .
   0 OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- 1 . 2. 89                        Official Journal of the European Communities                              No L 30/43
                                                       ANNEX
            to the Commission Regulation of 31 January 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 11 00 and 1902 19 to the United States of America     13,197
                                 — In all other cases                                           13,330
                 1001 90 99      Common wheat, and meslin (mixed wheat and rye) :
          I                      — For the manufacture of starch                                 5,465
                                 — Other than for the manufacture of starch :
                                     — On exports of goods falling within CN codes
                                         1902 11 00 and 1902 19 to the United States of
                                        America                                                  6,103
                                     — In all other cases                                        6,165
                 1002 00 00      Rye                                                             5,821
                 1003 00 90      Barley                                                          6,579
                1004 00 90       Oats                                                            3,519
                1005 90 00       Maize, other than hybrid maize for sowing :
                                 — For the manufacture of starch                                 7,186
                                 — Other than for the manufacture of starch                      7,686
                  1006 20        Round grain husked rice                                        37,843
                                 Medium grain husked rice                                       38,019
                                 Long grain husked rice                                         38,019
                  1006 30        Round grain wholly milled rice                                 48,830
                                 Medium grain wholly milled rice                                55,100
                                 Long grain wholly milled rice                                  55,100
                1006 40 00       Broken rice :
                                 — For the manufacture of starch                                10,669
          \                      — Other than for the manufacture of starch                     11,269
                 1007 00 90      Sorghum                                                          6,057
                 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       7,182
                                 — In all other cases                                             7,255
                 1102 10 00      Rye flour                                                      15,620
                 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     20,455
                                 — In all other cases                                           20,662
                 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       7,182
                                 — In all other cases                                             7,255