CELEX: 31987R2926
Language: en
Date: 1987-10-01 00:00:00
Title: Commission Regulation (EEC) No 2926/87 of 30 September 1987 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 278 /36                                   Official Journal of the European Communities                                 1 . 10 . 87
                                             COMMISSION REGULATION (EEC) No 2926/87
                                                             of 30 September 1987
                       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 1900/87 (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 1907/ 87 (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 1 1                      by Regulation (EEC) No 3794/85 (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
                                                                           cereals and rice sector H ;
  in the form of goods not covered by Annex II to the
  Treaty, and the criteria for fixing the amount of such
  refunds (5), as last amended by Regulation (EEC) Nox
  2223/ 86 (% specifies the products for which a rate of                   Whereas account should be taken, for the purposes of
  refund should be fixed,, to be applied where these                       Article 4 (3) of Regulation (EEC) No 3035/80, of the
  products are exported in the form of goods listed in                     production refund provided for in Regulation (EEC) No
  Annex B to Regulation (EEC) No 2727/75 or ini Annex B                    2742/75 applicable during the month in which exporta­
  to Regulation (EEC) No 1418 /76 as appropriate ;                         tion     occurs ; whereas, moreover, in the absence of
                                                                           evidence that no production refund was granted under
                                                                           Regulation (EEC) No 1009/86 the export refund should
  Whereas, in accordance with the first subparagraph of                    be further reduced by the amount of the production
  Article 4 ( 1 ) of Regulation (EEC) No 3035/ 80, the rate of             refund applicable on the day of acceptance of the export
  the refund per 100 kilograms for each of the basic                       declaration ; whereas this system is the only one which
  products in question must be fixed for each month ;                      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
                                                                           respect of agricultural products (10), as last amended by
  (') OJ No   L   281 ,  1 . 11 . 1975, p. 1 .
  (2) OJ No   L   182,   3 . 7. 1987, p. 40 .
  (3) OJ No   L   166,   25 . 6 . 1976, p. 1 .                             0 OJ     No  L 281 , ' 1 . 11 . 1975, p. 57.
  (4) OJ No   L   182,   3 . 7. 1987, p . 51 .                             (8) OJ   No  L 367, 31 . 12. 1985, p. 20 .
  0   OJ No   L   323 ,  29 . 11 . 1980 , p. 27.                           0 OJ     No  L 94, 9 . , 4. 1986, p. 6 .
  Ó OJ No L 194, 17. 7. 1986, p. 1 .                                       ( I0) OJ  No  L 62, 7. 3 . 1980, p. 5.
 ---pagebreak--- 1 . 10 . 87                             Official Journal of the European Communities                            No L 278 /37
Regulation (EEC) No 2026/83 ('), and Commission Regu­             2.      For the products listed in the Annex to Regulation
lation (EEC) No 798 /80 of 31 March 1980 laying down              (EEC) No 1009/86, the refunds given in the Annex to this
general rules on the advance payment of export refunds            Regulation shall be applied on presentation, at the accept­
and positive monetary compensatory amounts in respect             ance of the export declaration and the request for obtain­
of agricultural products (2), as last amended by Regulation       ing the export refund,* of proof that the basic products
(EEC) No 471 /87 (3), lay down rules on the advance               used in the manufacture of the products to be exported
payment of export refunds that must be adhered to when            have not benefited from the production refund provided
these are adjusted ;                                              for in that Regulation, and that such refund will not be
                                                                  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 pasfa                   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 (4), it is necessary to differ­       that the latter product has not benefited from a produc­
entiate the refund on goods falling within Common                  tion refund as provided for in Regulation (EEC) No
Customs Tariff heading No 19,03 according to their desti­          1009/ 86, and that no application for such refund will be
nation .                                                           made .
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 export of the goods, when
                                                                        the rate is not fixed in advance ; or
 HAS ADOPTED THIS REGULATION :
                                                                   (b) of which the rate is fixed in advance,
                             Article 1                             will be reduced by the amount of the production refund
                                                                   applicable under Regulation (EEC) No 1009/86 to the
 1 . Without prejudice to paragraphs 2 and 3 the rates of          basic product - in question on the day of acceptance of the
 the refunds applicable to the basic products appearing in         export declaration for the goods, or on the day specified
 Annex A to Regulation (EEC) No 3035/80 and listed                 in Article 3 (2) of Regulation (EEC) No 798 /80 , if the
 either in Article 1 of Regulation (EEC) :No 2727/75 or in         goods have been placed under the export refund advance
 Article 1.(1 ) of Regulation (EEC) No 1418 /76, exported in       payment arrangements .
 the form of goods listed in Annex 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 .                                        This Regulation shall enter into force on 1 October 1987.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 30 September 1987.
                                   \
                                                                              For the Commission
                                                                               Frans ANDRIESSEN
                                                                                  Vice-President
  0 OJ No L 199 , 22. 7. 1983 , p, 12.
  (2) OJ No L 87, 1 . 4. 1S>80 , p. 42.
  (3) OJ No L 48 , 17. 2. 1987, p. 10 .
  ft OJ No L 275, 29 . 9 . 1987, p. 36.
 ---pagebreak--- No L 278 /38                     Official Journal of = the European Communities                         1 . 10 . 87
                                                        ANNEX
           to the Commission Regulation of 30 September 1987 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)
                      CCT
                                                                                               Rate
                     heading                              Description                       of refund
                       No
                                                                                    /
                10.01 B I        Common wheat, and meslin (mixed wheat and rye) :
                                 — For the manufacture of starch                             10,800
                                 — Other than for the manufacture of starch :
                                     — On exports of goods -falling under heading No 19.03
                                         to the United States of America                       8,845
                                     — In all other cases                                    12,200
                10.01 B II       Durum wheat :
                                 — On exports of goods falling under heading No 19.03 to
                                    the , United States of America                           10,942
                                 — In all other cases                                        15,093
                10.02            Rye                                                         10,787
              • 10.03 .          Barley                                                      12,622
                10.04            Oats                                                        11,839
                10.05 B          Maize, other than hybrid maize for sowing :
                                 — For the manufacture of starch                             11,029
                                 — Other than for the manufacture of starch                  12,029
                10.06 B I b) 1   Round grain husked rice :                v                  41 ,-338
                10.06 B lb) 2    Long grain husked rice                                      40,901
                10.06 B II b) 1  Round grain wholly milled rice                              53,339.
                10.06 B II b) 2  Long grain wholly milled rice                               59,277
                10.06 B III      Broken rice :
                                 — For the manufacture of starch                             18,851
                                 — Other - than for the manufacture of starch                20,051
                10.07 C          Sorghum                                                       8,435
                11.01 A          Wheat or meslin flour :
                                 — On exports of goods falling under heading No 19.03 to
                                     the United States of America                            10,530
                                 — In all other cases                                        14,524
                11.01 B          Rye flour                                                   21,103
                1 1 .02 A I a)   Durum wheat groats and meal : 1
                                 — On exports of goods falling under heading No 19.03 to
                                     the United States of America                            16,961
                                 — In all other cases                                        23,394
                1 1 .02 A I b)   Common wheat groats and meal :
                                 — On exports of goods falling under heading No 19.03 to
                                     the United States of America                            10,530
                                 — In all other cases                                        14,524