CELEX: 31988R1919
Language: en
Date: 1988-07-01 00:00:00
Title: Commission Regulation (EEC) No 1919/88 of 30 June 1988 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 . 7 . 88                              Official Journal of the European Communities                             No L 168/ 131
                                    COMMISSION REGULATION (EEC) No 1919/88
                                                     * of 30 June 1988
                   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 fast amended by Regulation (EEC)
No 1097/88 (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 3990/87 (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 f7), 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
in the form of goods not covered by Annex II to the                cereals and rice sector (9) ;
Treaty, and the criteria for fixing the amount of such
refunds (*), as last amended by Regulation (EEC) No
4055/87 (6), 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 in 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,
                                                                   Whereas Council Regulation (EEC) No 565/80 of 4
 that rate must be determined with particular reference to :
                                                                   March 1980 on the advance payment of export refunds in
                                                                   respect of agricultural products (l0), as last amended by
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(*) OJ No L 110, 29. 4. 1988 .
(3 OJ No L 166, 25. 6. 1976, p. 1 .                                O OJ    No L 281 , 1 . 11 . 1975, p. 57.
(4) OJ No L 377, 31 . 12. 1987, p. 15.                             (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.
(«) OJ No L 379, 31 . 12. 1987, p. 1 .                             (,0) OJ  No L 62, 7. 3. 1980, p. 5.
 ---pagebreak---                                                                                                                      1 . 7. 88
No L 168 / 132                          Official Journal of the European Communities
Regulation (EEC) No 2026/83 ('), and Commission Regu­             2.     For the products listed in the Annex to Regulation
lation (EEC) No 3665/87 of 27 November 1987 laying                (EEC) No 1009/86, the refunds given in the Annex to this
down common detailed rules for the application of the             Regulation shall be applied on presentation, at the accept­
system of export refunds on agricultural products (2) lay         ance of the export declaration and the request for obtain­
down rules on the advance payment of export refunds               ing the export refund, of proof that the basic products
that must be adhered to when these are adjusted ;                 used in the manufacture of the products to be exported
                                                                  have not benefited from the production refund provided
Whereas, now that a settlement has been reached between           for in that Regulation, and that such refund will not be
the European Economic Community and the United                    applied for.
States of America on Community exports of pasta
                                                                  The proof referred to in the first subparagraph is provided
products to the United States and has been approved by            by the presentation by the exporter of a declaration from
Council Decision 87/482/EEC (3), it is necessary to differ­
entiate the refund on goods falling within subheadings            the processor of the basic product in question attesting
 1902 11 00 and 1902 19 of the combined nomenclature              that the latter product has not benefited from a produc­
                                                                  tion refund as provided for in Regulation (EEC) No
according to their destination ;                                   1009/86, and that no application for such refund will be
                                                                   made .
Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its              3. When the proof referred to in paragraph 2 is not
chairman,                                                          provided, the export refund :
                                                                   (a) applicable on the date of acceptance of the export
                                                                       declaration for the goods, or on the day specified in
                                                                       Article 26 (2) of Regulation (EEC) No 3665/87, where
 HAS ADOPTED THIS REGULATION :                                         the rate is not fixed in advance ;
                                                                   (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 26 (2) of Regulation (EEC) No 3665/87, 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 July 1988;
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels, 30 June 1988 .
                                                                             For the Commission
                                                                                 COCKFIELD
                                                                                 Vice-President
 (■) OJ No L 199, 22. 7. 1983, p. 12.
 (2) OJ No L 351 , 14. 12. 1987, p. 1 .
 f) OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- 1 . 7. 88                        Official Journal of the European Communities                            No L 168 / 133
                                                        ANNEX
            to the Commission Regulation of 30 June 1988 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 subheadings
                                      1902 11 00 and 1902 19 to the United States of America      5,040
          l                        — In all other cases                                           5,600
                 1001 90 99        Common wheat, and meslin (mixed wheat and rye) :
                                   — For the manufacture of starch                                6,233
                                   — Other than for the manufacture of starch :
                                      — On exports of goods falling within subheadings
                                          1902 11 00 and 1902 19 to the United States of
                                          America                                                 6,240
                                      — In all other cases                                        6,933
                 1002 00 00        Rye                                                            4,307
                 1003 00 90        Barley                                                         7,998
                 1004 00 90        Oats                                                           4,314
                 1005 90 00        Maize, other than hybrid maize for sowing :
                                   — For the manufacture of starch                                7,797
                                   — Other than for the manufacture of starch                     8,297
                 1006 20 10        Round grain husked rice                                      40,803
                 1006 20 90        Long grain husked rice                                        38,567
                 1006 30 91        Round grain wholly milled rice                                52,649
                 1006 30 99        Long grain wholly milled rice                                 55,894
                 1006 40 00        Broken rice :
                                   — For the manufacture of starch                               13,953
                                   — Other than for the manufacture of starch                    14,553
                 1007 00 90        Sorghum                                                        7,494
                  1101 00 00       Wheat or meslin flour :
                                   — On exports of goods falling within subheadings
                                       1902 11 00 and 1902 19 to the United States of America     7,333
                                   — In all other cases                                           8,148
                  1102 10 00       Rye flour                                                     12,027
                  1103 11 10       Durum wheat groats and meal :
                                   — On exports of goods falling within subheadings
                                       1902 11 00 and 1902 19 to the United States of America     7,812
                                   — In all other cases                                           8,680
                  1103 11 90       Common wheat groats and meal :
                                   — On exports of goods falling within subheadings
                                       1902 11 00 and 1902 19 to the United States of America      7,333
                                   — In all other cases                                            8,148