CELEX: 32000R2002
Language: en
Date: 2000-09-21 00:00:00
Title: Commission Regulation (EC) No 2002/2000 of 21 September 2000 fixing the rates of the refunds applicable to certain cereal and rice-products exported in the form of goods not covered by Annex I to the Treaty

22.9.2000               EN                     Official Journal of the European Communities                                         L 238/37
                                          COMMISSION REGULATION (EC) No 2002/2000
                                                          of 21 September 2000
                fixing the rates of the refunds applicable to certain cereal and rice-products exported in the form of
                                            goods not covered by Annex I to the Treaty
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                               (5)     Now that a settlement has been reached between the
                                                                                  European Community and the United States of America
                                                                                  on Community exports of pasta products to the United
Having regard to the Treaty establishing the European
                                                                                  States and has been approved by Council Decision
Community,
                                                                                  87/482/EEC (6), it is necessary to differentiate the refund
                                                                                  on goods falling within CN codes 1902 11 00 and
Having regard to Council Regulation (EEC) No 1766/92 of 30                        1902 19 according to their destination.
June 1992 on the common organisation of the market in
cereals (1), as last amended by Regulation (EC) No 1666/
                                                                          (6)     Pursuant to Article 4(3) and (5) of Regulation (EC) No
2000 (2), and in particular Article 13(3) thereof,
                                                                                  1520/2000 provides that a reduced rate of export
                                                                                  refund has to be fixed, taking account of the amount of
Having regard to Council Regulation (EC) No 3072/95 of 22                         the production refund applicable, pursuant to Council
December 1995 on the common organisation of the market in                         Regulation (EEC) No 1722/93 (7), as last amended by
rice (3), as last amended by Regulation (EC) No 1667/2000 (4),                    Commission Regulation (EC) No 87/1999 (8), for the
and in particular Article 13(3) thereof,                                          basic product in question, used during the assumed
                                                                                  period of manufacture of the goods.
Whereas:
                                                                          (7)     Spirituous beverages are considered less sensitive to the
                                                                                  price of the cereals used in their manufacture. However,
(1)      Article 13(1) of Regulation (EEC) No 1766/92 and
                                                                                  Protocol 19 of the Act of Accession of the United
         Article 13(1) of Regulation (EC) No 3072/95 provide
                                                                                  Kingdom, Ireland and Denmark stipulates that the neces-
         that the difference between quotations of prices on the
                                                                                  sary measures must be decided to facilitate the use of
         world market for the products listed in Article 1 of each
                                                                                  Community cereals in the manufacture of spirituous
         of those Regulations and the prices within the
                                                                                  beverages obtained from cereals. Accordingly, it is neces-
         Community may be covered by an export refund.
                                                                                  sary to adapt the refund rate applying to cereals
                                                                                  exported in the form of spirituous beverages.
(2)      Commission Regulation (EC) No 1520/2000 of 13 July
         2000 laying down common implementing rules for
                                                                          (8)     It is necessary to ensure continuity of strict management
         granting export refunds on certain agricultural products
                                                                                  taking account of expenditure forecasts and funds avail-
         exported in the form of goods not covered by Annex I
                                                                                  able in the budget.
         to the Treaty, and the criteria for fixing the amount of
         such refunds (5), specifies the products for which a rate
         of refund should be fixed, to be applied where these             (9)     The Management Committee for Cereals has not deliv-
         products are exported in the form of goods listed in                     ered an opinion within the time limit set by its
         Annex B to Regulation (EEC) No 1766/92 or in Annex B                     chairman,
         to Regulation (EC) No 3072/95 as appropriate.
(3)      In accordance with the first subparagraph of Article 4(1)
         of Regulation (EC) No 1520/2000, the rate of the refund
         per 100 kilograms for each of the basic products in              HAS ADOPTED THIS REGULATION:
         question must be fixed for each month.
(4)      The commitments entered into with regard to refunds
         which may be granted for the export of agricultural                                            Article 1
         products contained in goods not covered by Annex I to
         the Treaty may be jeopardised by the fixing in advance
         of high refund rates. Whereas it is therefore necessary to       The rates of the refunds applicable to the basic products
         take precautionary measures in such situations without,          appearing in Annex A to Regulation (EC) No 1520/2000 and
         however, preventing the conclusion of long-term                  listed either in Article 1 of Regulation (EEC) No 1766/92 or in
         contracts. Whereas the fixing of a specific refund rate for      Article 1(1) of Regulation (EC) No 3072/95, exported in the
         the advance fixing of refunds is a measure which enables         form of goods listed in Annex B to Regulation (EEC) No
         these various objectives to be met.                              1766/92 or in Annex B to amended Regulation (EC) No 3072/
                                                                          95 respectively, are hereby fixed as shown in the Annex to this
                                                                          Regulation.
(1) OJ  L  181, 1.7.1992, p. 21.
(2) OJ  L  193, 29.7.2000, p. 1.
(3) OJ  L  329, 30.12.1995, p. 18.                                        (6) OJ L 275, 29.9.1987, p. 36.
(4) OJ  L  193, 29.7.2000, p. 3.                                          (7) OJ L 159, 1.7.1993, p. 112.
(5) OJ  L  177, 15.7.2000, p. 1.                                          (8) OJ L 9, 15.1.1999, p. 8.
 ---pagebreak--- L 238/38              EN                     Official Journal of the European Communities                                     22.9.2000
                            Article 2                                   refund which does not take account of the amount of the
                                                                        production refund shall apply.
Where a refund certificate issued before 14 July 2000 is used,          The proof referred to in the previous paragraph shall consist of
and with regard to the goods listed in the Annex to Regulation          the presentation by the exporter of a declaration by the
(EEC) No 1722/1993, a reduced rate of refund which takes                processor of the basic product in question which attests that,
account of the amount of the production refund shall apply.             with regard to this product, the production refund provided for
                                                                        under Regulation (EEC) No 1722/93 has not been and will not
However, if, at the time the export declaration is accepted and,        be applied for. This declaration shall be verified in accordance
in support of his application for payment of the export refund,         with Article 16(1) of Regulation (EC) No 1520/2000.
the operator provides proof that, with regard to the basic
products used to manufacture the goods to be exported, the                                          Article 3
production refund provided for under Regulation (EEC) No
1722/93 has not been and will not be applied for, the rate of           This Regulation shall enter into force on 22 September 2000.
                    This Regulation shall be binding in its entirety and directly applicable in all Member States.
                    Done at Brussels, 21 September 2000.
                                                                                    For the Commission
                                                                                      Erkki LIIKANEN
                                                                                Member of the Commission
 ---pagebreak--- 22.9.2000             EN                       Official Journal of the European Communities                                            L 238/39
                                                                       ANNEX
             to the Commission Regulation of 21 September 2000 fixing the rates of the refunds applicable to certain cereals
                       and rice products exported in the form of goods not covered by Annex I to the Treaty
                                                                                                                                     (EUR/100 kg)
                                                                                                             Rate of refund per 100 kg
                                                                                                                   of basic product
     CN code                                      Description of products (1)
                                                                                                           In case
                                                                                                         of advance                 Other
                                                                                                     fixing of refunds
   1001 10 00      Durum wheat:
                   – on exports of goods falling within CN codes 1902 11 and 1902 19 to the United
                     States of America                                                                       —                        —
                   – in other cases                                                                          —                        —
   1001 90 99      Common wheat and meslin:
                   – on exports of goods falling within CN codes 1902 11 and 1902 19 to the United
                     States of America                                                                       —                        —
                   – in other cases:
                   – – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2)                        —                        —
                   – – where the first paragraph of Article 2 applies                                        —                        —
                   – – where goods falling within subheading 2208 (3) are exported                           —                        —
                   – – in other cases                                                                        —                        —
   1002 00 00      Rye                                                                                     3,898                    3,898
   1003 00 90      Barley
                   – where goods falling within subheading 2208 (3) are exported                             —                        —
                   – in other cases                                                                          —                        —
   1004 00 00      Oats                                                                                    2,893                    2,893
   1005 90 00      Maize (corn) used in the form of:
                   – starch:
                   – – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2)                      1,719                    1,719
                   – – where the first paragraph of Article 2 applies                                      1,719                    1,719
                   – – where goods falling within subheading 2208 ( ) are exported
                                                                         3
                                                                                                           0,666                    0,666
                   – – in other cases                                                                      2,737                    2,737
                   – glucose, glucose syrup, maltodextrine, maltodextrine syrup of CN codes
                     1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99, 1702 40 90, 1702 90 50,
                     1702 90 75, 1702 90 79, 2106 90 55 (4):
                   – – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2)                      1,034                    1,034
                   – – where the first paragraph of Article 2 applies                                      1,034                    1,034
                   – – where goods falling within subheading 2208 (3) are exported                         0,500                    0,500
                   – – in other cases                                                                      2,053                    2,053
                   – where goods falling within subheading 2208 (3) are exported                           0,666                    0,666
                   – other (including unprocessed)                                                         2,737                    2,737
                   Potato starch of CN code 1108 13 00 similar to a product obtained from processed
                   maize:
                   – where Article 4(5) of Regulation (EC) No 1520/2000 applies (2)                        1,719                    1,719
                   – – where the first paragraph of Article 2 applies                                      1,719                    1,719
                   – – where goods falling within subheading 2208 (3) are exported                         0,666                    0,666
                   – in other cases                                                                        2,737                    2,737
 ---pagebreak--- L 238/40                     EN                          Official Journal of the European Communities                                                             22.9.2000
                                                                                                                                                                 (EUR/100 kg)
                                                                                                                                         Rate of refund per 100 kg
                                                                                                                                               of basic product
       CN code                                               Description of products (1)
                                                                                                                                       In case
                                                                                                                                     of advance                 Other
                                                                                                                                 fixing of refunds
ex 1006 30                Wholly-milled rice:
                          – round grain                                                                                               12,500                   12,500
                          – medium grain                                                                                              12,500                   12,500
                          – long grain                                                                                                12,500                   12,500
     1006 40 00           Broken rice                                                                                                  2,400                    2,400
     1007 00 90           Sorghum                                                                                                        —                        —
(1) As far as agricultural products obtained from the processing of a basic product or/and assimilated products are concerned, the coefficients shown in Annex E οf amended
    Commission Regulation (EC) No 1520/2000 shall be applied (OJ L 177, 15.7.2000, p. 1).
(2) The goods concerned fall under CN code 3505 10 50, unless Article 2 applies.
(3) Goods listed in Annex B of Council Regulation (EEC) No 1766/92 or referred to in Article 2 of Regulation (EEC) No 2825/93.
(4) For syrups of CN codes NC 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the export refund may be granted only for the
    glucose syrup.