CELEX: 31992R0810
Language: en
Date: 1992-04-01 00:00:00
Title: Commission Regulation (EEC) No 810/92 of 31 March 1992 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 . 4. 92                                  Official Journal of the European Communities                             No L 86/61
                                           COMMISSION REGULATION (EEC) No 810/92
                                                           of 31 March 1992
                    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
 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 674/92 (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
                                                                           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 674/92, and in particular the first sentence of the                Whereas in the absence of evidence that no production
 fourth subparagraph of Article 17 (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
 Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                sector (*), as last amended by Regulation (EEC)
 and Article 17 (1 ) of Regulation (EEC) No 1418/76                    No 3655/90 f), the export refund should be reduced by
 provides that the difference between quotations of prices             the amount of the production refund applicable on the
 on the world market for the products listed in Article 1 of           day of acceptance of the export declaration ; whereas this
 each of those Regulations and the prices within the                   system is the only one wich avoids the risk of fraud ;
 Community may be covered by an export refund ;
 Whereas Council Regulation (EEC) No 3035/80 of                        Whereas Council Regulation (EEC) No 565/80 of
 1 1 November 1 980 laying down general rules for granting             4 March 1980 on the advance payment of export refunds
 export refunds on certain agricultural products exported              in respect of agricultural products (8), as amended by
 in the form of goods not covered by Annex II to the                   Regulation (EEC) No 2026/83 (9), and Commission Regu­
 Treaty, and the criteria for fixing the amount of such                lation (EEC) No 3665/87 of 27 November 1987 laying
 refunds (4), as last amended by Regulation (EEC)                      down common detailed rules for the application of the
 No 3381 /90 (*), specifies the products for which a rate of           system of export refunds on agricultural products (10), as
 refund should be fixed, to be applied where these                     last amended by Regulation (EEC) No 1615/90 (u), lay
 products are exported in the form of goods listed in                  down rules on the advance payment of export refunds
 Annex B to Regulation (EEC) No 2727/75 or in Annex B                  that must be adhered to when these are adjusted ;
 to Regulation (EEC) No 1418/76 as appropriate ;
                                                                      Whereas, now that a settlement has been reached between
Whereas, in accordance with the first subparagraph of
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of             the European Economic Community and the United
 the refund per 100 kilograms for each of the basic                    States of America on Community exports of pasta
products in question must be fixed for each month ;                    products to the United States and has been approved by
                                                                       Council Decision 87/482/EEC (12), it is necessary to differ­
                                                                       entiate the refund on goods falling within CN codes
                                                                       1902 11 00 and 190219 according to their destination ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :
                                                                      0 OJ No L 94, 9. 4. 1986, p. 6.
                                                                      o OJ No L 362, 27. 12. 1990, p. 33 .
(')  OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                            (8) OJ No L 62, 7. 3. 1980, p. 5.
(2)  OJ  No  L 73, 19. 3. 1992, p. 7.                                 0 OJ No L 199, 22. 7. 1983, p. 12.
(3)  OJ  No  L 166, 25. 6. 1976, p. 1 .                               (I0) OJ No L 351 , 14. 12. 1987, p. 1 .
(4)  OJ  No  L 323, 29. 11 . 1980, p. 27.                             (■') OJ No L 152, 16. 6. 1990, p. 33.
O    OJ  No  L 327, 27. 11 . 1990, p. 4.                              (,2) OJ No L 275, 29 . 9. 1987, p. 36.
 ---pagebreak--- No L 86/62                             Official Journal of the European Communities                                   1 . 4. 92
Whereas, for the application of Article 4 (2) (b) of Regula­      for in that Regulation, and that such refund will not be
tion ((EEC) No 3035/80, it is necessary to differentiate the      applied for.
refunds ;
                                                                  The proof referred to in the first subparagraph is provided
Whereas the measures provided for in this Regulation are          by the presentation by the exporter of a declaration from
in accordance with the opinion of the Management                  the processor of the basic product in question attesting
Committee for Cereals,                                            that the latter product has not benefited from a produc­
                                                                  tion refund as provided for in Regulation (EEC)
                                                                  No 1009/86, and that no application for such refund will
HAS ADOPTED THIS REGULATION :                                     be made.
                                                                  3. When the proof referred to in paragraph 2 is not
                            Article 1
                                                                  provided, the export refund :
1 . Without prejudice to paragraphs 2 and 3 the rates of          (a) applicable on the date of acceptance of the export
the refunds applicable to the basic products appearing in             declaration for the goods, or on the day specified in
Annex A to Regulation (EEC) No 3035/80 and listed                     Article 26 (2) of Regulation (EEC) No 3 665/87, where
either in Article 1 of Regulation (EEC) No 2727/75 or in              the rate is not fixed in advance ;
Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in       (b) of which the rate is fixed in advance,
the form of goods listed in Annex B to Regulation (EEC)
No 2727/75 or in Annex B to Regulation (EEC)                      will be reduced by the amount of the production refund
No 1418/76 respectively, are hereby fixed as shown in             applicable pursuant to Regulation (EEC) No 1009/86 to
the Annex to this Regulation.                                     the basic product in question on the day of acceptance of
                                                                  the export declaration for the goods, or on the day speci­
2. For the products listed in the Annex to Regulation             fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
(EEC) No 1009/86, the refunds given in the Annex to this          the goods have been placed under the export refund
Regulation shall be applied on presentation, at the accept­       advance payment arrangements.
ance of the export declaration and the request for obtain­
ing the export refund, of proof that the basic products                                     Article 2
used in the manufacture of the products to be exported
have not benefited from the production refund provided            This Regulation shall enter into force on 1 April 1992.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                    Done at Brussels, 31 March 1992.
                                                                            For the Commission
                                                                            Martin BANGEMANN
                                                                                Vice-'President
 ---pagebreak--- 1 . 4. 92                            Official Journal of the European Communities                                  No L 86/63
                                                            ANNEX
          to the Commission Regulation of 31 March 1992 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 1 00 kg of basic
                                                                                                    product
            1001 10 90      Durum wheat :
                             — used unprocessed :
                             — — on exports of goods falling within CN codes 1902 11 and
                                   1902 19 to the United States of America                            5,861
                            — — in all other cases                                                  10,657
                            — used in the form of :
                            — — pellets of CN code 1103, or grains otherwise worked (other
                                  than hulled, kibbled, or germ) of CN code 1104                     4,555
                            — — hulled grains of CN code 1 104 and starch of CN code 1 108           6,833
                            — — germ of CN code 1104                                                 2,657
                                  gluten of CN code 1109                                               —
                            — — other (except flours of CN code 1101 and groats and meal of
                                  CN code 1103)                                                      7,592
             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                            4,176
                            — — in all other cases                                                   7,592
                            — used in the form of :
                            — — pellets of CN code 1103, or grains otherwise worked (other
                                  than hulled, kibbled, or germ) of CN code 1104                     4,555
                            — — hulled grains of CN code 1104 and' starch of CN code 1108            6,833
                            — — germ of CN code 1104                                                 2,657
                                  gluten of CN code 1109                                              —
                            — — other (except flours of CN code 1101 , and groats and meal of
                                  CN code 1103                                                       7,592
             1002 00 00     Rye :
                            — used unprocessed                                                      10,779
                            — used in the form of :
                            — — pellets of CN code 1103, or pearled grains of CN code 1104           6,467
                            — — rolled or flaked grains and hulled grains of CN code 1 104           9,701
                            — — germ of CN code 1104                                                 2,879
                                  starch of CN code 1108 19 90                                       8,226
                            — — gluten of CN code 2303 10 90                                          —
                            — — other (except flours of CN code 1102)                               10,779
             1 003 00 90    Barley :
                            — used unprocessed                                                       9,166
                            — 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                6,416
                            — — pellets of CN code 1103                                              5,499
                            — — germs of CN code 1104                                                2,879
                            — — starch of CN code 1108 19 90                                         8,226
                            — — gluten of CN code 2303 10 90                                          —
                            — — other                                                                9,166
 ---pagebreak--- No L 86/64                                Official Journal of the European Communities                                           1 . 4. 92
                                                                                                              Rate of refund
                CN code                                 Description of products (')                         per 100 kg of basic
                                                                                                                  product
               1004 00 90         Oats :
                                  — used unprocessed                                                                9,339
                                  — used in the form of :
                                         pellets of CN code 1103, and pearled grains of CN code
                                         1104                                                                       5,603
                                  — — rolled or flaked grains and hulled grains of CN code 1 104                    8,405
                                  — — germs of CN code 1104                                                         2,879
                                  — — starch of CN code 1108 19 90                                                  8,226
                                  — — gluten of CN code 2303 10 90                                                   —
                                         other                                                                      9,339
               1005 90 00         Maize (Corn):
                                  — used unprocessed                                                                8,226
                                  — used in the form of :
                                  — — flours of CN codes 1102 20 10 and 1102 20 90                                  5,758
                                  — — groats and meal of CN code 1003 and rolled or flaked grains
                                         of CN code 1104                                                            6,581
                                  — — pellets of CN code 1103                                                       4,936
                                  — — hulled or perled grains of CN code 1104                                       7,403
                                  — — germs of CN code 1104                                                         2,879
                                  — — starch of CN code 1108 1200                                                   8,226
                                         gluten of CN code 2303 10 11                                               3,290
                                  — — other                                                                         8,226
               1006 20            Round grain husked rice                                                         23,435
                                  Medium grains husked rice                                                       19,060
                                  Long grain husked rice                                                           19,060
           ex 1006 30             Round grain wholly-milled rice                                                  30,346
                                  Medium grain wholly-milled rice                                                 35,539
                                  Long grain wholly-milled rice                                                   35,539
               1006 40 00         Broken rice :
                                  — used unprocessed                                                               12,446
                                  — used in the form of :
                                  — — flour of CN code 1102, groats and meal or pellets of CN
                                         code 1103                                                                 12,446
                                  — — flaked grains of CN 1104                                                      7,468
                                . — — starch of CN code 1108 19 10                                                12,446
                                  — — other                                                                          —
               1007 00 90         Sorghum                                                                           5,908
               1101 00 00         Wheat or meslin flour :                                         1
                                  — on exports of goods falling within CN codes 1902 11 and
                                     1902 19 to the United States of America                                        4,919
                                  — in all other cases                                                              8,944
               11021000           Rye flour                                                                       20,606
               1103 11 10         Durum wheat groats and meal :
                                  — on exports of goods falling within CN codes 1 902 1 1 and
                                     1902 19 to the United States of America                                        9,085
                                  — in all other cases                                                            16,519
               1103 11 90         Common wheat groats and meal :
                                  — on exports of goods falling within CN codes 190211 and
                                     1902 19 to the United States of America                                        4,919
                                  — in all other cases                                                              8,944
          (!) 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.