CELEX: 31988R0553
Language: en
Date: 1988-03-01 00:00:00
Title: Commission Regulation (EEC) No 553/88 of 29 February 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 54/38                                  Official Journal of the European Communities                                   1 . 3 . 88
                                        COMMISSION REGULATION (EEC) .No 553/88
                                                         of 29 February 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 3989/87 (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
Whereas Council Regulation (EEC) No 3035/80 of 11                      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 (®) ;
Treaty, and the criteria for fixing the amount of such
refunds (s), 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 (10), as last amended by
0   OJ No   L  281 , 1 . 11 . 1975, p. 1 .
0   OJ No   L  377,  31 . 12. 1987, p. 1 .
(3) OJ No   L  166,  25. 6. 1976, p. 1 .                               0 OJ No L 281 , 1 . 11 . 1975, p. 57.
(*) 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.                            O OJ No L 94, 9 . 4. 1986, p. 6.
(«) OJ No   L  379,  31 . 12. 1987, p. 1 .                             H OJ No L 62, 7. 3. 1980, p. 5.
 ---pagebreak--- 1 . 3. 88                              Official Journal of the* European Communities                            No L 54/39
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
190211 00 and 190219 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
                                                                      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 March 1988 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 29 February 1988 .
                                                                            For the Commission
                                                                             Frans ANDRIESSEN
                                                                                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 54/40                        Official Journal of the European Communities                                 1 . 3 . 88
                                                         ANNEX
             to the Commission Regulation of 29 February 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 1 1 00 and 1902 19 to the United States of America      11,354
           \                       — In all other cases                                             15,447
                 1001 90 99        Common wheat, and meslin (mixed wheat and rye) :
           I                       — For the manufacture of starch                                    9,873
           \                       — Other than for the manufacture of starch :
                                      — On exports of goods falling within subheadings
                                          190211 00 and 190219 to the United States of
                                          America                                                     8,286
                                      — In ' all other cases                                        11,273
                 1002 00 00        Rye                                                              11,123
                 1003 00 90        Barley                                                           13,085
                 1004 00 90        Oats                                                              12,482
                 1005 90 00        Maize, other than hybrid maize for sowing :
                                   — For the manufacture of starch                                   11,556
                                   — Other than for the manufacture of starch                        12,556
                 1006 20 10        Round grain husked rice                                          39,905
                 1006 20 90        Long grain husked rice                                           35,727
                 1006 30 91        Round grain wholly milled rice                                   51,490
                 1006 30 99        Long grain wholly milled rice                                    51,778
                 1006 40 00        Broken rice :
                                   — For the manufacture of starch                                   15,391
           I                       — Other than for the manufacture of starch                        16,591
                 1007 00 90        Sorghum                                                            8,027
                 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         9,767
           J                       — In all other cases                                              13,288
                 110210 00         Rye flour                                                         22,025
                 1103 11 10        Durum wheat groats and meal :
           I                       — On exports of goods falling within subheadings
                                       1902 1 1 00 and 1902 19 to the United States of America       17,598
           I                       — In all other cases                                              23,943
                 1103 11 90        Common 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        9,767
                                   — In all other cases                                              13,288