CELEX: 31992R2210
Language: en
Date: 1992-08-01 00:00:00
Title: Commission Regulation (EEC) No 2210/92 of 31 July 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 . 8 . 92                                 Official Journal of the European Communities                           No L 218/51
                                       COMMISSION REGULATION (EEC) No 2210/92
                                                           of 31 July 1992
                   fixing die 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,
Having regard to Council Regulation (EEC) No 2727/75                 (b) the level of the refunds on exports of processed agri­
of 29 October 1975 on the common organization of the                       cultural products covered by Annex II to the Treaty
                                                                           which are manufactured under similar conditions :
market in cereals ('), as last amended by Regulation (EEC)
No 1738/92 (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
Having regard to Council Regulation (EEC) No 1418/76                       which use third-country products under inward
of 21 June 1976 on the common organization of the                          processing arrangements ;
market in rice (3), as last amended by Regulation (EEC)
No 674/92 (4), and in particular the first sentence of the
fourth subparagraph of Article 17 (2) thereof,
                                                                      Whereas in the absence of evidence that no production
                                                                      refund was granted pursuant to Council Regulation (EEC)
Whereas Article 16 ( 1 ) of Regulation (EEC) No 2727/75               No 1009/86 of 25 March 1986 establishing general rules
and Article 17 (1 ) of Regulation (EEC) No 1418/76                    applying to production refunds in the cereals and rice
provide that the difference between quotations of prices              sector Q, as last amended by Regulation (EEC)
on the world market for the products listed in Article 1 of           No 1309/92 (8), the export refund should be reduced by
each of those Regulations and the prices within the                   the amount of the production refund applicable on the
Community may be covered by an export refund ;                        day of acceptance of the export declaration ; whereas this
                                                                      system is the only one which avoids the risk of fraud ;
Whereas Council Regulation (EEC) No 3035/80 of
11 November 1980 laying down general rules for granting
export refunds on certain agricultural products exported              Whereas Council Regulation (EEC) No 565/80 of
in the form of goods not covered by Annex II to the                   4 March 1980 on the advance payment of export refunds
Treaty, and the criteria for fixing the amount of such                in respect of agricultural products (9), as amended by
refunds (*), as last amended by Regulation (EEC)                      Regulation (EEC) No 2026/83 (10), and Commission Regu­
No 3381 /90 (% specifies the products for which a rate of             lation (EEC) No 3665/87 of 27 November 1987 laying
refund should be fixed, to be applied where these                     down common detailed rules for the application of the
products are exported in the form of goods listed in                  system of export refunds on agricultural products ("), as
Annex B to Regulation (EEC) No 2727/75 or in Annex B                  last amended by Regulation (EEC) No 887/92 (12), lay
to Regulation (EEC) No 1418/76 as appropriate ;                       down rules on the advance payment of export refunds
                                                                      that must be adhered to when these are adjusted ;
Whereas, in accordance with the first subparagraph of
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of            Whereas, now that a settlement has been reached between
the refund per 100 kilograms for each of the basic                    the European Economic Community and the United
products in question must be fixed for each month ;                   States of America on Community exports of pasta
                                                                      products to the United States and hafc been approved by
                                                                      Council Decision 87/482/EEC (13), it is necessary to diffe­
Whereas, in accordance with paragraph 2 of that Article,              rentiate the refund on goods falling within CN codes
that rate must be determined with particular reference to :
                                                                      o OJ    No L 94, 9. 4. 1986, p. 6.
C)  OJ   No L  281 , 1 . 11 . 1975, p. 1 .                            (8) OJ  No L 139, 22. 5. 1992, p. 47.
(2) OJ   No L  180, 1 . 7. 1992, p. 1 .                               (9) OJ  No L 62, 7. 3. 1980, p. 5.
0   OJ   No L  166, 25. 6. 1976, p. 1 .                               H OJ     No L 199, 22. 7. 1983, p. 12.
(4) OJ   No L  73, 19. 3 . 1992, p. 7.                                (") OJ   No L 351 , 14. 12. 1987, p. 1 .
0   OJ   No L  323, 29. 11 . 1980, p. 27.                             H OJ     No L 95, 9. 4. 1992, p. 20.
5   OJ   No L  327, 27. 11 . 1990, p. 4.                              O 3) OJ  No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 218 /52                          Official Journal of the European Communities                                     1 . 8 . 92
190211 00 and 190219 according to their destination ;           The proof referred to in the first subparagraph is provided
                                                                by the presentation by the exporter of a declaration from
                                                                the processor of the basic product in question attesting
Whereas, for the application of Article 4 (2) (b) of Regula­    that the latter product has not benefited form a produc­
tion (EEC) No 3035/80, it is necessary to differentiate the     tion refund as provided for in Regulation (EEC)
refunds ;
                                                                 No 1009/86, and that no application for such refund will
                                                                be made .
Whereas Council Regulation (EEC) No 1432/92 ('), as
amended by Regulation (EEC) No 201 5/92 (2), prohibits
trade between the Community and the Republics of                 3. When the proof referred to in paragraph 2 is not
Serbia and Montenegro ; whereas this prohibition does            provided, the export refund :
not apply to certain situations as given in the limitative
enumeration laid down in Articles 2 and 3 ; whereas this         (a) applicable on the date of acceptance of the export
should be taken into account when refunds are fixed ;                  declaration for the goods, or on the day specified in
                                                                       Article 26 (2) of Regulation (EEC) No 3665/87, where
Whereas in particular the export refund for unprocessed                the rate is not fixed in advance ;
starches falling within CN code 1108 is granted only if          (b) of which the rate is fixed in advance,
the dry matter content is at least 77 % in the case of
potato starch and at least 84 % in the case of cereal star­      will be reduced by the amount of the production refund
ches ,                                                           applicable pursuant to Regulation (EEC) No 1009/86 to
                                                                 the basic product in question on the day of acceptance of
Whereas with regard to potatoes, only potato starches are        the export declaration for the goods, or on the day speci­
subject to common organization of the market, conse­             fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
quently steps should be taken to specify the terms that          the goods have been placed under the export refund
these potato starches should meet in order to qualify for        advance payment arrangements.
refunds ;
Whereas the measures provided for in this Regulation are
 in accordance with the opinion of the Management                                            Article 2
 Committee for Cereals,
                                                                  1 . The refund for starches and potato starch falling
                                                                 within CN code 1108 or products falling within Annex A
                                                                 to Regulation (EEC) No 2727/75 resulting from the
 HAS ADOPTED THIS REGULATION :
                                                                 processing of these starches and potato starch is granted
                                                                 only on production of a declaration from the suppliers of
                                                                 those products attesting that they have been directly
                                                                 produced from cereals, potatoes or rice excluding all use
                            Article 1                            of subproducts obtained in the production of other agri­
                                                                 cultural products or goods.
 1 . Without prejudice to paragraphs 2 and 3 the rates of
the refunds applicable to the basic products appearing in        The above declaration can be considered valid, until revo­
Annex A to Regulation (EEC) No 3035/80 and listed                cation, for all supplies from the same producer ; it shall
either in Article 1 of Regulation (EEC) No 2727/75 or in         be verified in accordance with the provisions of Article 8
Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in      ( 1 ) and the first indent of paragraph 2 of Regulation (EEC)
the form of goods listed in Annex B to Regulation (EEC)          No 3035/80 .
No 2727/75 or in Annex B to Regulation (EEC) No
 1418/76 respectively, are hereby fixed as shown in the
Annex to this Regulation.                                        2. Where the dry-extract content of potato starch assi­
                                                                 milated to maize starch pursuant to Article 1 (2) (a) of
                                                                 Regulation (EEC) No 3035/80 is 80 % or higher, the rate
2. For the products listed in the Annex to Regulation            of the export refund shall be as laid down in the Annex ;
(EEC) No 1009/86, the refunds given in the Annex to this         where the dry-extract content is less than 80 % the rate of
Regulation shall be applied on presentation, at the accep­       the refund shall be the amount laid down in the Annex
tance of the export declaration and the request for obtai­       multiplied by l /80th of the actual dry-extract percentage.
ning the export refund, of proof that the basic products
used in the manufacture of the products to be exported
have not benefited from the production refund provided           For all other starches with a dry-extract content of 87 %
for in that Regulation, and that such refund will not be         or more, the rate of the export refund shall be as laid
applied for.                                                     down in the Annex ; where the dry-extract content is less
                                                                 then 87 % the amount of the refund shall be the rate laid
(') OJ No L 151 , 3. 6. 1992, p. 4.                              down in the Annex multiplied by l /87th of the actual
0 OJ No L 205, 22. 7. 1992, p. 2.                                dry-extract percentage.
 ---pagebreak--- 1 . 8 . 92                           Official Journal of the European Communities                           No L 218/53
3. For the purposes of paragraph 1 above, the                  to in Article 3 (2) of Regulation (EEC) No 3035/80, in
dryextract content of starches shall be determined using       accordance with the provisions of that paragraph.
the method applied to flour in Annex II to Commission
Regulation (EEC) No 1908/84 (').
4. At the time of application for the export refund for                                Article 3
the goods the applicant must declare the dry-extract
content of the starches concerned, unless this information
has been recorded by the competent authorities referred        This Regulation shall enter into force on 1 August 1992.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at Brussels, 31 July 1992.
                                                                       For the Commission
                                                                       Jean DONDELINGER
                                                                    Member of the Commission
(') OJ No L 178, 5. 7. 1984, p. 22.
 ---pagebreak--- No L 218 /54                         Official Journal of the European Communities                                   1 . 8 . 92
                                                             ANNEX
           to the Commission Regulation of 31 July 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 100 kg of basic
                                                                                                    product (*)
             1001 10 90       Durum wheat :
                              — used unprocessed :
                              — — on exports of goods falling within CN codes 1 902 1 1 and
                                    190219 to the United States of America                             5,937
                              — — in all other cases                                                  10,795
                              — used in the form of :
                              — — pellets of CN code 1 1 03, or grains otherwise worked (other
                                    than hulled, kibbled, or germ) of CN code 1104                     4,557
                              — — hulled grains of CN code 1 104 and starch of CN code 1 108           6,835
                              — — germ of CN code 1104                                                 2,658
                              — — gluten of CN code 1 1 09
                              — — other (except flours of CN code 1101 and groats and meal of
                                    CN code 1103)                                                      7,594
               1001 90 99     Common wheat and meslin :
                              — used unprocessed :
                              — — on exports of goods falling within CN code 1902 11 and
                                    190219 to the United States of America                             4,177
                              — — in all other cases                                                   7,594
                              — used in the form of :
                              — — pellets of CN code 1103, or grains otherwise worked (other
                                    than hulled, kibbled, or germ) of CN code 1104                     4,557
                              — — hulled grains of CN code 1 104 and starch of CN code 1 108           6,835
                              — — germ of CN code 1104                                                 2,658
                                    gluten of CN code 1109
                              — — other (except flours of CN code 1101 , and groats and meal of
                                    CN code 1103                                                       7,594
               1002 00 00     Rye :
                              — used unprocessed                                                       9,157
                              — used in the form of :
                              — — pellets of CN code 1103, or pearled grains of CN code 1104           5,494
                              — — rolled or flaked grains and hulled grains of CN code 1104            8,241
                              — — germ of CN code 1104                                                 3,127
                              — — starch of CN code 1108 19 90                                         8,935
                              — — gluten of CN code 2303 10 90
                              — — other (except flours of CN code 1102)                                9,157
               1003 00 90     Barley :
                              — used unprocessed                                                       6,587
                              — 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                4,611
                              — — pellets of CN code 1103                                              3,952
                              — — germs of CN code 1104                                                3,127
                              — — starch of CN code 1108 1 9 90                                        8,935
                              — — gluten of CN code 2303 10 90
                              — — other                                                                6,587
 ---pagebreak--- 1 . 8 . 92                                 Official Journal of the European Communities                                                   No L 218/55
                                                                                                                        Rate of refund
                 CN code                                      Description of products (')                             per 100 kg of basic
                                                                                                                          product (*)
                1004 00 90         Oats :
                                    — used unprocessed                                                                        7,303
                                    — used in the form of :
                                    — — pellets of CN code 1103, and pearled grains of CN code
                                           1104                                                                               4,382
                                    — — rolled or flaked grains and hulled grains of CN code 1 104                            6,572
                                    — — germs of CN code 1104                                                                 3,127
                                    — — starch of CN code 1108 19 90                                                          8,935
                                    — — gluten of CN code 2303 1 0 90
                                    — — other                                                                                 7,303
                1005 90 00         Maize (Com) :
                                    — used unprocessed                                                                        9,955
                                    — used in the form of :
                                          flours of CN codes 110220 10 and 11022090                                           6,969
                                    — — groats and meal of CN code 1003 and rolled or flaked grains
                                          of CN code 1104                                                                     7,964
                                    — — pellets of CN code 1103                                                               5,973
                                    — — hulled or perled grains of CN code 1104                                               8,960
                                    — — germs of CN code 1104                                                                 3,484
                                    — — starch of CN code 1108 12 00                                                          9,955
                                    — — gluten of CN code 2303 10 11                                                          3,982
                                    — — other                                                                                 9,955
                1006 20             Round grain husked rice                                                                 24,878
                                   Medium grains husked rice                                                                25,029
                                    Long grain husked rice                                                                  25,029
           ex 1006 30              Round grain wholly-milled rice                                                           32,280
                                   Medium grain wholly-milled rice                                                          39,750
                                    Long grain wholly-milled rice                                                           39,750
                1006 40 00          Broken rice :
                                    — used unprocessed                                                                      11,967
                                    — used in the form of :
                                    — — flour of CN code 1102, groats and meal or pellets of CN
                                          code 1103                                                                         1 1,967
                                    — — flaked grains of CN 1104                                                              7,180
                                    — — starch of CN code 1108 19 10                                                        11,967
                                    — — other
                1007 00 90         Sorghum                                                                                    6,382
                1101 00 00         Wheat or meslin flour :
                                    — on exports of goods falling within CN codes 1902 11 and
                                       1902 19 to the United States of America                                                4,920
                                    — in all other cases                                                                      8,945
                1102 10 00          Rye flour                                                                               19,300
                1103 11 10          Durum wheat groats and meal :
                                    — on exports of goods falling within CN codes 1902 11 and
                                       1902 19 to the United States of America                                                9,203
                                    — in all other cases                                                                    16,732
                1103 11 90          Common wheat groats and meal :
                                    — on exports of goods falling within CN codes 1902 11 and
                                       1902 19 to the United States of America                                                4,920
                                    — in all other cases                                                                      8,945
           (') The quantities of semi-processed products used must be multiplied, as the case may be by the coefficients shown in
               Annex 1 to Regulation (EEC) No 2744/75.
           (*) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid supplied by
               charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council Regulation (EEC) No
               1432/92.