CELEX: 31991R0512
Language: en
Date: 1991-03-01
Title: Commission Regulation (EEC) No 512/91 of 28 February 1991 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 . 3 . 91                                   Official Journal of the European Communities                             No L 55/ 115
                                           COMMISSION REGULATION (EEC) No 512/91
                                                          of 28 February 1991
                     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 3577/90 (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
                                                                            which use third-country products under inward
Having regard to Council Regulation (EEC) No 1418/76                        processing arrangements ;
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
fourth subparagraph of Article 17 (2) thereof,                         Whereas in the absence of evidence that no production
                                                                       refund was granted pursuant to Council Regulation (EEC)
                                                                        No 1009/86 of 25 March 1986 establishing general rules
 Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                applying to production refunds in the cereals and rice
and Article 17 ( 1 ) of Regulation (EEC) No 1418/76                    sector (7), as last amended by Regulation (EEC) No
provides that the difference between quotations of prices              3655/90 (8), the export refund should be reduced by the
on the world market for the products listed in Article 1 of            amount of the production refund applicable on the day of
each of those Regulations and the prices within the                    acceptance of the export declaration ; whereas this system
Community may be covered by an export refund ;                         is the only one wich avoids the risk of fraud ;
Whereas Council Regulation (EEC) No 3035/80 of 11
                                                                       Whereas Council Regulation (EEC) No 565/80 of 4
November 1980 laying down general rules for granting                   March 1980 on the advance payment of export refunds in
export refunds on certain agricultural products exported                respect of agricultural products (9), as amended by Regula­
in the form of goods not covered by Annex II to the
Treaty, and the criteria for fixing the amount of such                  tion (EEC) No 2026/83 (10), and Commission Regulation
                                                                       (EEC) No 3665/87 of 27 November 1987 laying down
refunds (5), as last amended by Regulation (EEC) No                    common detailed rules for the application of the system
3381 /90 (6), specifies the products for which a rate of
                                                                       of export refunds on agricultural products ("), as last
refund should be fixed, to be applied where these                      amended by Regulation (EEC) No 1615/90 (12), lay down
products are exported in the form of goods listed in                   rules on the advance payment of export refunds that must
Annex B to Regulation (EEC) No 2727/75 or in Annex B                   be adhered to when these are adjusted ;
to Regulation (EEC) No 1418/76 as appropriate ;
Whereas, in accordance with the first subparagraph of                  Whereas, now that a settlement has been reached between
Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of            the European Economic Community and the United
the refund per 100 kilograms for each of the basic                     States of America on Community exports of pasta
products in question must be fixed for each month ;                    products to the United States and has been approved by
                                                                       Council Decision 87/482/EEC (13), it is necessary to differ­
                                                                       entiate the refund on goods falling within CN codes
Whereas, in accordance with paragraph 2 of that Article,                1902 11 00 and 1902 19 according to their destination ;
that rate must be determined with particular reference to :
                                                                       O OJ No L 94, 9 . 4.    1986, p. 6.
(') OJ   No L   281 ,  1 . 11 . 1975, p. 1 .                           (8) OJ No L 362, 27.    12. 1990, p. 33.
0   OJ   No L   353,   17. 12. 1990, p. 23.                            (') OJ No L 62, 7. 3.   1980, p. 5.
(3) OJ   No L   166,  25. 6. 1976, p. 1 .                              (I0) OJ No L 199 , 22.   7. 1983, p. 12.
0   OJ   No L   177,  24. 6. 1989, p. 1 .                              (") OJ No L 351 , 14.    12. 1987, p. 1 .
0   OJ   No L   323,  29. 11 . 1980, p. 27.                            (") OJ No L 152, 16.     6. 1990, p. 33 .
O   OJ   No L   327,  27. 11 . 1990, p. 4.                             H OJ No L 275, 29.      9 . 1987, p. 36.
 ---pagebreak--- No L 55/ 116                          Official Journal of the European Communities                                   1 . 3 . yi
Whereas, in order to ensure equitable treatment between          for in that Regulation, and that such refund will not be
maize products exported in the form of pellets, rolled or        applied for.
flaked grains falling within CN code 1904 10 and other
maize products, it is necessary to differentiate the refunds     The proof referred to in the first subparagraph is provided
on those goods,                                                  by the presentation by the exporter of a declaration from
                                                                 the processor of the basic product in question attesting
                                                                 that the latter product has not benefited from a produc­
                                                                 tion refund as provided for in Regulation (EEC) No
HAS ADOPTED THIS REGULATION :                                    1009/86, and that no application for such refund will be
                                                                 made.
                           Article 1                             3 . When the proof referred to in paragraph 2 is not
                                                                 provided, the export refund :
1 . Without prejudice to paragraphs 2 and 3 the rates of         (a) applicable on the date of acceptance of the export
the refunds applicable to the basic products appearing in            declaration for the goods, or on the day specified in
Annex A to Regulation (EEC) No 3035/80 and listed                    Article 26 (2) of Regulation (EEC) No 3665/87, where
either in Article 1 of Regulation (EEC) No 2727/75 or in             the rate is not fixed in advance ;
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in
the form of goods listed in Annex B to Regulation (EEC)          (b) of which the rate is fixed in advance,
No 2727/75 or in Annex B to Regulation (EEC) No                  will be reduced by the amount of the production refund
1418/76 respectively, are hereby fixed as shown in the           applicable pursuant to Regulation (EEC) No 1009/86 to
Annex to this Regulation.                                        the basic product in question on the day of acceptance of
                                                                 the export declaration for the goods, or on the day speci­
2. For the products listed in the Annex to Regulation            fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
(EEC) No 1009/86, the refunds given in the Annex to this         the goods have been placed under the export refund
Regulation shall be applied on presentation, at the accept­      advance payment arrangements.
ance of the export declaration and the request for obtain­
ing the export refund, of proof that the basic products                                    Article 2
used in the manufacture of the products to be exported
have not benefited from the production refund provided           This Regulation shall enter into force on 1 March 1991 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 28 February 1991 .
                                                                           For the Commission
                                                                          Martin BANGEMANN
                                                                              Vice-President
 ---pagebreak--- 1 . 3 . 91                      Official Journal of the European Communities                                No L 55/ 117
                                                       ANNEX
           to the Commission Regulation of 28 February 1991 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
                                     and 1902 19 to the United States of America                   9,608
                                 — In all other cases                                            14,781
                1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                 — On exports of goods falling within CN codes 1 902 1 1
                                     and 1902 19 to the United States of America                   7,800
                                 — In all other cases                                            12,000
               1002 00 00        Rye                                                             10,889
               1003 00 90        Barley                                                          10,600
               1004 00 90        Oats                                                            1 0.078 ;
               1005 90 00        Maize, other than hybrid maize for sowing) :
                                 — Maize in pellets, rolled or flake grains with a fat content
                                    exceeding 1 ,5 % in the form of goods falling within CN
                                    code 1904 10                                                   7,239
                                 — In all other cases                                            12,775
               1006 20           Round grain husked rice                                         23,771
                                 Medium grain husked rice                                        20,767
                                 Long grain husked rice                                          20,767
            ex 1006 30           Round grain wholly milled rice                                  30,897
                                 Medium grain wholly milled rice                                 34,376
                                 Long grain wholly milled rice                                   34,376
               1006 40 00        Broken rice                                                     17,799
               1007 00 90        Sorghum                                                           6,803
               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                   9,312
                                 — In all other cases                                            14,326
               1102 10 00        Rye flour                                                       21,606
               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                  14,892
                                 — In all other cases                                            22,911
               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                   9,312
                                 — In all other cases                                            14,326