CELEX: 31990R1481
Language: en
Date: 1990-06-01 00:00:00
Title: Commission Regulation (EEC) No 1481/90 of 31 May 1990 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 140/80                                Official Journal of the European Communities                                  1 . 6. 90
                                       COMMISSION REGULATION (EEC) No 1481 /90
                                                           of 31 May 1990
                  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
                                                                           which are manufactured under similar conditions ;
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
No 1340/90 (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 1806/89 (4), 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
                                                                      sector Q, as last amended by Regulation (EEC) No
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                2779/89 (8), the export refund should be reduced by the
and Article 17 (1 ) of Regulation (EEC) No 1418/76                    amount of the production refund applicable on the day of
provides that the difference between quotations of prices             acceptance of the export declaration ; whereas this system
on the world market for the products listed in Article 1 of           is the only one wich avoids the risk of fraud ;
each of those Regulations and the prices within the
Community may be covered by an export refund ;
                                                                      Whereas Commission Regulation (EEC) No 28/90 (9)
Whereas Council Regulation (EEC) No 3035/80 of 11                     specifies new criteria for the classification of products
November 1980 laying down general rules for granting                  falling within CN code 3505 10 50 ; whereas it is there­
export refunds on certain agricultural products exported              fore necessary to adopt certain provisions to ensure the
in the form of goods not covered by Annex II to the                   deduction from any export refund payable of the amount
Treaty, and the criteria for fixing the amount of such                of the production refund in cases where the product in
refunds 0, as last amended by Regulation (EEC) No                     question has previously benefited from a production
3209/88 (% specifies the products for which a rate of                 refund pursuant to Regulation (EEC) No 1009/86, prior to
refund should be fixed, to be applied where these                     the implementation of the new criteria ;
products are exported in the form of goods listed in
Annex B to Regulation (EEC) No 2727/75 or in Annex B
to Regulation (EEC) No 1418/76 as appropriate ;                       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 amended by Regu­
Whereas, in accordance with the first subparagraph of                 lation (EEC) No 2026/83 ("), and Commission Regulation
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of            (EEC) No 3665/87 of 27 November 1987 laying down
the refund per 100 kilograms for each of the basic                    common detailed rules for the application of the system
products in question must be fixed for each month ;                   of export refunds on agricultural products (12), as last
                                                                      amended by Regulation (EEC) No 354/90 (13), lay down
                                                                      rules on the advance payment of export refunds that must
Whereas, in accordance with paragraph 2 of that Article,              be adhered to when these are adjusted ;
that rate must be determined with particular reference to :
                                                                      0 OJ No L 94, 9. 4. 1986, p. 6.
(') OJ No  L   281 , 1 . 11 . 1975, p. 1 .                            («) OJ No L 268, 15. 9. 1989, p. 20.
(2) OJ No  L   134,  28. 5. 1990, p. 1 .                              0 OJ No L 3, 6. 1 . 1990, p. 9.
0   OJ No  L   166,  25. 6. 1976, p. 1 .                              (10) OJ No L 62, 7. 3. 1980, p. 5.
(4) OJ No  L   177,  24. 6. 1989, p. 1 .                               (u) OJ No L 199, 22. 7. 1983, p. 12.
0   OJ No  L   323,  29. 11 . 1980, p. 27.                            (12) OJ No L 351 , 14. 12. 1987, p. 1 .
¥) OJ No L 286, 20. 10. 1988, p. 6.                                   O OJ No L 38, 10 . 2. 1990, p. 34.
 ---pagebreak--- 1 . 6. 90                              Official Journal of the European Communities                            No L 140/81
Whereas, now that a settlement has been reached between           have not benefited from the production refund provided
the European Economic Community and the United                    for in that Regulation, and that such refund will not be
States of America on Community exports of pasta                   applied for.
products to the United States and has been approved by
Council Decision 87/482/EEC ('), it is necessary to differ­       The proof referred to in the first subparagraph is provided
entiate the refund on goods falling within CN codes               by the presentation by the exporter of a declaration from
 1902 11 00 and 1902 19 according to their destination ;          the processor of the basic product in question attesting
                                                                  that the latter product has not benefited from a produc­
Whereas, in order to ensure equitable treatment between           tion refund as provided for in Regulation (EEC) No
maize products exported in the form of pellets falling            1009/86, and that no application for such refund will be
within CN code 1904 10 and other maize products, it is            made.
necessary to differentiate the refunds on those goods ;
                                                                  3.    When the proof referred to in paragraph 2 is not
Whereas the measures provided for in this Regulation are          provided, the export refund :
in accordance with the opinion of the Management                  (a) applicable on the date of acceptance of the export
Committee for Cereals,                                                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 ;
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 pursuant to Regulation (EEC) No 1009/86 to
 1.    Without prejudice to paragraphs 2 and 3 the rates of       the basic product in question on the day of acceptance of
the refunds applicable to the basic products appearing in         the export declaration for the goods, or on the day speci­
Annex A to Regulation (EEC) No 3035/80 and listed                 fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
either in Article 1 of Regulation (EEC) No 2727/75 or in          the goods have been placed under the export refund
Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in       advance 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 ijereby fixed as shown in the
Annex to this Regulation.                                         The provisions of Article 1 (2) and (3) of this Regulation
                                                                  shall also apply to starches having on acetyl content by
2. For the products listed in the Annex to Regulation             weight in the dry product of 0,25 % or more but less than
(EEC) No 1009/86, the refunds given in the Annex to this          0,5%
Regulation shall be applied on presentation, at the accept­
ance of the export declaration and the request for obtain­                                  Article 3
ing the export refund, of proof that the basic products
used in the manufacture of the products to be exported            This Regulation shall enter into force on 1 June 1990.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                    Done at Brussels, 31 May 1990.
                                                                            For the Commission
                                                                            Martin BANGEMANN
                                                                               Vice-President
(>) OJ No L 275, 29. 9 . 1987, p. 36.
 ---pagebreak--- No L 140/ 82                      Official Journal of the European Communities                              1 . 6. 90
                                                         ANNEX
             to the Commission Regulation of 31 May 1990 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)
                                                                                                   Rate
                   CN code                                 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      9,940
                                   — In all other cases                                          13,253
                  1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                   — On exports of goods falling within CN codes
                                       1902 11 00 and 1902 19 to the United States of America      5,554
                                   — In all other cases                                            7,405 :
                  1002 00 00       Rye                                                             8,391
                  1003 00 90       Barley                                                          8,341
                  1004 00 90       Oats                                                            7,915
                  1005 90 00       Maize, other than hybrid maize for sowing) :
                                   — On exports of pellets with a fat content exceeding
                                       1,5 % in the form of goods falling within CN code
                                       1904 10                                                     5,513
                                   — In all other cases                                            9,729
                  1006 20          Round grain husked rice                                       23,408
                                   Medium grain husked rice                                       17,586
                                   Long grain husked rice                                         17,586
              ex 1006 30           Round grain wholly milled rice                                 32,190
                                   Medium grain wholly milled rice                                33,301
                                   Long grain wholly milled rice                                  33,301
                  1006 40 00       Broken rice                                                    15,607
                  1007 00 90       Sorghum                                                         6,375
                  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      6,504
                                   — In all other cases                                            8,672
                  110210 00        Rye flour                                                      18,566
                  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     15,407
                                   — In all other cases                                           20,542
                  1103 11 90       Common wheat groats and meal :
                                   — On exports of goods falling within CN codes
                                       1902 1 1 00 and 1902 19 to the United States of America      6,504
                                   — In all other cases                                             8,672