CELEX: 31988R3740
Language: en
Date: 1988-12-01 00:00:00
Title: Commission Regulation (EEC) No 3740/88 of 30 November 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 328/21
1 . 12. 88                                    Official Journal of the European Communities
                                         COMMISSION REGULATION (EEC) No 3740/88
                                                          of 30 November 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 2221 /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 2229/88 (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 1009/86 (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 (*), as last amended by Regulation (EEC) No
   3209/88 (*), 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
   products are exported in the form of goods listed in                     Article 4 (3) of Regulation (EEC) No 3035/80, of the
   Annex B to Regulation (EEC) No 2727/75 or in Annex B                     production refund provided for in Regulation (EEC) No
   to Regulation (EEC) No 1418/76 as appropriate ;                          2742/75 applicable during the month in which exporta­
                                                                            tion occurs ; whereas, moreover, in the absence of
                                                                            evidence that no production refund was granted under
   Whereas, in accordance with the first subparagraph of                    Regulation (EEC) No 1009/86 the export refund should
                                                                            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
     >) OJ No  L  281 , 1 . 11 . 1975, p. 1 .                                respect of agricultural products (9), as amended by Regula­
     2) OJ No  L  197,  26. 7. 1988, p. 16.
     3) OJ No  L  166,  25. 6. 1976, p. 1 .
     4) OJ No  L  197,  26. 7. 1988, p. 30.                                 0 OJ No L 281 , 1 . 11 . 1975, p. 57.
     *) OJ No  L  323,  29. 11 . 1980, p. 27.                                b) OJ No L 94, 9. 4. 1986, p. 6.
     «) OJ No   L 286,  20. 10. 1988, p. 6.                                  0 OJ No L 62, 7. 3. 1980, p. 5.
 ---pagebreak---     No L 328/22                          Official Journal of the European Communities                                  1 . 12. 88
    tion (EEC) No 2026/83 ('), and Commission Regulation            Regulation shall be applied on presentation, at the accept­
    (EEC) No 3665/87 of 27 November 1987 laying down                ance of the export declaration and the request for obtain­
    common detailed rules for the application of the system         ing the export refund, of proof that the basic products
    of export refunds on agricultural products (2) lay down         used in the manufacture of the products to be exported
   rules on the advance payment of export refunds that must         have not benefited from the production refund provided
   be adhered to when these are adjusted ;                          for in that Regulation, and that such refund will not be
   Whereas, now that a settlement has been reached between          applied for.
   the European Economic Community and the United                   The proof referred to in the first subparagraph is provided
   States of America on Community exports of pasta                  by the presentation by the exporter of a declaration from
   products to the United States and has been approved by           the processor of the basic product in question attesting
   Council Decision 87/482/EEC (3), it is necessary to differ­      that the latter product has not benefited from a produc­
   entiate the refund on goods falling within subheadings           tion refund as provided for in Regulation (EEC) No
   1902 11 00 and 1902 19 of the combined nomenclature              1009/86, and that no application for such refund will be
   according to their destination ;                                made .
  Whereas the measures provided for in this Regulation are         3.     When the proof referred to in paragraph 2 is not
   in accordance with the opinion of the Management                provided, the export refund :
   Committee for Cereals,
                                                                   (a) applicable on the date of accieptance 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 ;
                             Article 1                             (b) of which the rate is fixed in advance,
  1.     Without prejudice to paragraphs 2 and 3 the rates of      will be reduced by the amount of the production refund
  the refunds applicable to the basic products appearing in        applicable under Regulation (EEC) No 1009/86 to the
  Annex A to Regulation (EEC) No 3035/80 and listed                basic product in question on the day of acceptance of the
  either in Article 1 of Regulation (EEC) No 2727/75 or in         export declaration for the goods, or on the day specified
  Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in       in Article 26 (2) of Regulation (EEC) No 3665/87, if the
  the form of goods listed in Annex B to Regulation (EEC)          goods have been -placed under the export refund advance
  No 2727/75 or in Annex B to Regulation (EEC) No                  payment arrangements.
  1418/76 respectively, are hereby fixed as shown in the
 Annex to this Regulation.                                                                   Article 2
  2.     For the products listed in the Annex to Regulation        This Regulation shall enter into force on 1 December
 (EEC) No 1009/86, the refunds given in the Annex to this          1988 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 30 November 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---                                 Official Journal of the European Communities                              No L 328/23
1 . 12. 88
                                                       ANNEX
           to the Commission Regulation of 30 November 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 CN codes
                                     1902 11 00 and 1902 19 to the United States of America     13,491
                                 — In all other cases                                            13,627
                1001 90 99        Common wheat, and meslin (mixed wheat and rye) :
                                 — For the manufacture of starch                                  6,723
                                 — Other than for the manufacture of starch :
                                     — On exports of goods falling within CN codes
                                         1902 11 00 and 1902 19 to the United States of
                                         America                                                   7,349
                                     — In all other cases                                          7,423
                1002 00 00       ^Rye                                                              6,327
                1003 00 90        Barley                                                           6,798
                1004 00 90        Oats                                                             2,395
                1005 90 00        Maize, other than hybrid maize for sowing :       ,
                                  — For the manufacture of starch                                  8,040
                                   — Other than for the manufacture of starch                      8,540
                  1006 20          Round grain husked rice                                        37,458
                                   Medium grain husked rice                                       36,856
                                   Long grain husked rice                                         36,856
                  1006 30          Round grain wholly milled rice                                 48,333
                                   Medium grain wholly milled rice                                53,414
                                   Long grain wholly milled rice                                  53,414
                 1006 40 00        Broken rice :
                                   — For the manufacture of starch                                10,902
                                 , — Other than for the manufacture of starch                     11,502
                 1007 00 90        Sorghum                                                          6,380
                 1101 00 00        Wheat or meslin flour :
                                   — On exports of goods falling within CN codes
                                       1902 11 00 and 1902 19 to the United States of America       8,733
                                   — In all other cases                                             8,821
                 1102 10 00        Rye flour                                                      16,234
                 1103 11 10        Durum wheat groats and meal :
                                   — On exports of goods falling within CN codes
                                       1902 11 00 and 1902 19 to the United States of America     20,911
                                   — In all other cases                                           21,122
                 1103 11 90        Common wheat groats and meal :
                                   — On exports of goods falling within CN codes
                                       1902 11 00 and 1902 19 to the United States of America       8,733
                                   — In all other cases                                             8,821