CELEX: 31988R1190
Language: en
Date: 1988-04-30 00:00:00
Title: Commission Regulation (EEC) No 1190/88 of 29 April 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

- No L 111 /78                               Official Journal of the European Communities                                 30 . 4. 88
                                         COMMISSION REGULATION (EEC) No 1190/88
                                                            of 29 April 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 last 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 Q, as last amended
                                                                       by Regulation (EEC) No 3794/85 (8), and Council Regula­
  Whereas Council Regulation (EEC) No 3035/80 of 11
                                                                        tion (EEC) No 1009/86 of 25 March 1986 establishing
  November 1980 laying down general rules for granting
                                                                       general rules applying to production refunds in the
  export refunds on certain agricultural products exported              cereals and rice sector (9) ;
  in the form of goods not covered by Annex II to the
  Treaty, and the criteria for fixing the amount of such
  refunds (*), as last amended by Regulation (EEC) No
  4055/87 (*), 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,
  that rate must be determined with particular reference to :           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 last amended by
  (') OJ No   L  281 , 1 . 11 . 1975, p. 1 .
  0   OJ No   L  110,  29 . 4. 1988 .
  0   OJ No   L  166,  25. 6. 1976, p. 1 .                              f) 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---                                                                                                                                  i
    30 . 4. 88                            Official Journal of the European Communities                             No L 111 /79
    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
   products to the United States and has been approved by            The proof referred to in the first subparagraph is provided
   Council Decision 87/482/EEC (3), it is necessary to differ­       by the presentation by the exporter of a declaration from
   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
   according to their destination ;                                  tion refund as provided for in Regulation (EEC) No
                                                                     1009/86, and that no application for such refund will be
                                                                     made.
   Whereas the measures provided for in this Regulation are
   in accordance with the opinion of the Management                 3.     When the proof referred to in paragraph 2 is not
   Committee for Cereals,
                                                                    provided, the export refund :
                                                                    (a) applicable on the date of acceptance of the export
                                                                         declaration for the goods, or on the day specified in
  HAS ADOPTED THIS REGULATION :                                          Article 26 (2) of Regulation (EEC) No 3665/87, where
                                                                         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 May 1988.
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels, 29 April 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 .
(3) OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 111 / 80                      Official Journal of the European Communities                               30 . 4. 88
                                                         ANNEX
             to the Commission Regulation of 29 April 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      13,082
            l                      — In all other cases                                            16,150
                  1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
            I                      — For the manufacture of starch                                 10,286
            l                      — 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                                                   9,466
                                       — In all other cases                                        11,686
                  1002 00 00       Rye                                                              10,796
                  1003 00 90       Barley                                                           12,982
                  1004 00 90       Oats                                                             10,603
                  1005 90 00       Maize, other than hybrid maize for sowing :
            I                      — For the manufacture of starch                                  12,036
                                   — Other than for the manufacture of starch                       13,036
                  1006 20 10       Round grain husked rice                                         40,727
                  1006 20 90       Long grain husked rice                                          37,279
                  1006 30 91       Round grain wholly milled rice                                   52,551
                  1006 30 99        Long grain wholly milled rice                                   54,028
                  1006 40 00        Broken rice :
                                   — For the manufacture of starch                                  15,100
            l                      — Other than for the manufacture of starch                       16,300
                  1007 00 90       Sorghum                                                           8,406
                  1101 00 00       Wheat or meslin flour :                                     \
            l                      — On exports of goods falling within subheadings
                                       1902 1 1 00 and 1902 19 to the United States of America      11,178
                                   — In all other cases                                             13,800
                  1102 10 00        Rye flour                                                       22,800
                  1103 11 10        Durum wheat groats and meal :                              \
            l                      — On exports of goods falling within subheadings
                                       1902 1 1 00 and 1902 19 to the United States of America      20,277
            I                       — In all other cases                                            25,033
                   1103 11 90       Common wheat groats and meal :
            l                       — On exports of goods falling within subheadings
                                       1902 11 00 and 1902 19 to the United States of America       11,178
                                    — In all other cases                                            13,800