CELEX: 31991R3484
Language: en
Date: 1991-11-30
Title: Commission Regulation (EEC) No 3484/91 of 29 November 1991 fixing the rates of the refunds applicable to certain rice products exported in the form of goods not covered by Annex II to the Treaty

No L 328 /58                             Official Journal of the European Communities                                30 . 11 . 91
                                        COMMISSION REGULATION (EEC) No 3484/91
                                                       of 29 November 1991
                    fixing the rates of the refunds applicable to certain rice products exported in the
                                    form of goods not covered by Annex II to the Treaty
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          (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 the Treaty establishing the European
 Economic Community,
                                                                      (c) the need to ensure equality of competition for the
                                                                          industries which use Community products and those
                                                                          which use third-country products under inward
 Having regard to Council Regulation (EEC) No 1418/76                     processing arrangements ;
 of 21 June 1976 on the common organization of the
 market in rice ('), as last amended by Regulation (EEC)
 No 1806/89 (2), and in particular the first sentence of the
 fourth subparagraph of Article 17 (2) thereof,                       Whereas certain manufactures buy rice flour, for export in
                                                                      the form of non-Annex II goods, while others will them­
                                                                      selves transform broken rice into flour ; whereas to ensure
                                                                      equal treatment, a refund must also be fixed for broken
 Whereas Article 17 ( 1 ) of Regulation (EEC) No 1418/76              rice of CN code 1 006 40 00 ;
 provides that the difference between quotations of prices
 on the world market for the products listed in Article 1 of
 this Regulation and the prices within the
 Community may be covered by an export refund ;
                                                                     Whereas in the absence of evidence that no production
                                                                      refund was granted pursuant to Council Regulation (EEC)
                                                                      No 1009/86 of 25 March 1986 establishing general rules
Whereas Council Regulation (EEC) No 3035/80 of                       applying to production refunds in the cereals and rice
 11 November 1980 laying down general rules for granting             sector (*), as last amended by Regulation (EEC)
 export refunds on certain agricultural products exported             No 3655/90 (6), the export refund should be reduced by
 in the form of goods not covered by Annex II to the                 the amount of the production refund applicable on the
Treaty, and the criteria for fixing the amount of such               day of acceptance of the export declaration ; whereas this
refunds (3), as last amended by Regulation (EEC)                     system is the only one which avoids the risk of fraud ;
 No 3381 /90 (4), specifies the products for which a rate of
 refund should be fixed, to be applied where these
 products are exported in the form ot goods listed in
Annex B to Regulation (EEC) No 1418/76 ;
                                                                     Whereas Council Regulation (EEC) No 565/80 of
                                                                     4 March 1980 on the advance payment of export refunds
                                                                     in respect of agricultural products f), as amended by
Whereas, in accordance with the first subparagraph of                Regulation (EEC) No 2026/83 (8), and Commission Regu­
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of           lation (EEC) No 3665/87 of 27 November 1987 laying
the refund per 100 kilograms for each of the basic                   down common detailed rules for the application of the
products in question must be fixed for each month ;                  system of export refunds on agricultural products (9), as
                                                                     last amended by Regulation (EEC) No 1615/90 (l0), lay
                                                                     down rules on the advance payment of export refunds
                                                                     that must be adhered to when these are adjusted ;
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 ;
     on the Community market and the prices ruling on
     the world markets :
                                                                    0 OJ     No L 94, 9 . 4. 1986, p. 6.
                                                                    («) OJ   No L 362, 27. 12. 1990, p. 33.
(') OJ  No  L  166,  25. 6. 1976, p. 1 .                            0 OJ     No L 62, 7. 3 . 1980, p. 5.
(2) OJ  No  L  177,  24. 6. 1989, p. 1 .                            (8) OJ   No L 199, 22. 7. 1983, p. 12.
(3) OJ  No  L  323,  29. 11 . 1980, p. 27.                          (') OJ   No L 351 , 14. 12. 1987, p. 1 .
(4) OJ  No  L  327,  27. 11 . 1990, p. 4.                           (10) OJ  No L 152, 16. 6. 1990, p. 33.
 ---pagebreak---  30. 11 . 91                          Official Journal of the European Communities                           No L 328 /59
 HAS ADOPTED THIS REGULATION :                                  3. When the proof referred to in paragraph 2 is not
                                                                provided, the export refund :
                          Article 1                             (a) applicable on the date of acceptance of the export
                                                                    declaration for the goods, or on the day specified in
 1 . Without prejudice to paragraphs 2 and 3 the rates of           Article 26 (2) of Regulation (EEC) No 3665/87, where
the refunds applicable to broken rice exported in the               the rate is not fixed in advance ;
form of goods not covered by Annex II to the Treaty
listed in Annex B to Regulation (EEC) No 1418/76 are            (b) of which the rate is fixed in advance,
hereby fixed as shown in the Annex to this Regulation.          will be reduced by the amount of the production refund
                                                                applicable pursuant to Regulation (EEC) No 1009/86 to
2. For the products listed in the Annex to Regulation           the basic product in question on the day of acceptance of
(EEC) No 1009/86, the refunds given in the Annex to this        the export declaration for the goods, or on the day speci­
Regulation shall be applied on presentation of proof that       fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
the broken rice used in the manufacture of the products         the goods have been placed under the export refund
to be exported has not benefited from the production            advance payment arrangements.
refund provided for in that Regulation, and that such
refund will not be applied for.                                                           Article 2
The proof referred to in the first subparagraph is provided     1 . This Regulation shall enter into force on the third
by the presentation by the exporter of a declaration from       day following its publication in the Official Journal of
the processor of the basic product in question attesting        the European Communities.
that the latter product has not benefited from a produc­
tion refund as provided for in Regulation (EEC)                 2. At the request of the interested party it shall be
No 1009/86, and that no application for such refund will        applicable to exports, for which the export declaration has
be made.                                                        been accepted in the course of the month of August 1991 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 29 November 1991 .
                                                                         For the Commission
                                                                         Martin BANGEMANN
                                                                             Vice-President
 ---pagebreak--- No L 328 /60                              Official Journal of the European Communities                                            30 . 11 . 91
                                                                   ANNEX
            to the Commission Regulation of 31 October 1991 fixing the rates of the refunds applicable from
            1 August 1991 to certain 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 1 00 kg of basic
                                                                                                                   product
                1006 40 00        Broken rice :
                                   — used unprocessed                                                               12,153
                                   — used in the form of :
                                   — — flour of CN code 1102, groats and meal or pellets of CN
                                         code 1103                         '                                        12,153
                                   — — flaked grains of CN 1104                                                      7,292
          1                        — — starch of CN code 1108 19 10                                                 12,153
                                   — — other                                                                          —
           (') 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.