CELEX: 31997R1852
Language: en
Date: 1997-09-25 00:00:00
Title: COMMISSION REGULATION (EC) No 1852/97 of 25 September 1997 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

26. 9 . 97           I EN I             Official Journal of the European Communities                             No L 264/ 17
                                      COMMISSION REGULATION (EC) No 1852/97
                                                      of 25 September 1997
                   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,                       Whereas, now that a settlement has been reached between
                                                                  the European Community and the United States of
Having regard to the Treaty establishing the European             America on Community exports of pasta products to the
Community,                                                        United States and has been approved by Council Decision
Having regard to Council Regulation (EEC) No 1766/92              87/482/EEC (6), it is necessary to differentiate the refund
of 30 June 1992 on the common . organization of the               on goods falling within CN codes 1902 11 00 and
market in cereals ('), as last amended by Commission               1902 19 according to their destination;
Regulation (EC) No 923/96 (2), and in particular Article 13       Whereas Article 4 (5) (b) of Regulation (EC) No 1222/94
(3) thereof,                                                      provides that, in the absence of the proof referred to in
                                                                  Article 4 (5) (a) of that Regulation, a reduced rate of export
Having regard to Council Regulation (EC) No 3072/95 of            refund has to be fixed, taking account of the amount of
22 December 1995 on the common organization of the                the production refund applicable, pursuant to Commis­
market in rice (3), and in particular Article 1 3 (3) thereof,    sion Regulation (EEC) No 1722/93 (7), as last amended by
Whereas Article 13 ( 1 ) of Regulation (EEC) No 1766/92           Regulation (EC) No 1516/95 (8), for the basic product in
                                                                  question, used during the assumed period of manufacture
and Article 13 ( 1 ) of Regulation (EC) No 3072/95 provide        of the goods;
that the difference between quotations of prices on the
world market for the products listed in Article 1 of each         Whereas the Management Committee for Cereals has not
of those Regulations and the prices within the Commu­             delivered an opinion within the time limit set by its
nity may be covered by an export refund;                          chairman ,
Whereas Commission Regulation (EC) No 1222/94 of                   HAS ADOPTED THIS REGULATION :
30 May 1994 laying down common implementing rules
for granting export refunds on certain agricultural                                          Article 1
products exported in the form of goods not covered by
Annex II to the Treaty, and the criteria for fixing the           The rates of the refunds applicable to the basic products
                                                                  appearing in Annex A to Regulation (EC) No 1222/94
amount of such refunds (4), as last amended by Regulation
(EC) No 1341 /97 (% specifies the products for which a            and listed either in Article 1 of Regulation (EEC)
rate of refund should be fixed, to be applied where these
                                                                   No 1766/92 or in Article 1 ( 1 ) of Regulation (EC)
                                                                   No 3072/95, exported in the form of goods listed in
products are exported in the form of goods listed in              Annex B to Regulation (EEC) No 1766/92 or in Annex B
Annex B to Regulation (EEC) No 1766/92 or in Annex B
                                                                   to Regulation (EC) No 3072/95 respectively, are hereby
to Regulation (EC) No 3072/95 as appropriate;
                                                                   fixed as shown in the Annex to this Regulation .
Whereas, in      accordance with the first subparagraph of                                   Article 2
Article 4 ( 1 ) of Regulation (EC) No 1222/94, the rate of
the refund      per 100 kilograms for each of the basic           This Regulation shall enter into force on 26 September
products in     question must be fixed for each month;             1997 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 25 September 1997.
                                                                            For the Commission
                                                                               Franz FISCHLER
                                                                        Member of the Commission
(') OJ L 181 , 1 . 7. 1992, p. 21 .
I1) OJ L 126, 24. 5. 1996, p. 37.
 (3) OJ L 329, 30 . 12. 1995, p. 18 .                              (*) OJ L 275, 29. 9. 1987, p. 36.
 (4) OJ L 136, 31 . 5. 1994, p. 5.                                 0 OJ L 159, 1 . 7. 1993, p. 112.
 j5) OJ L 184, 12. 7. 1997, p. 12.                                 (s) OJ L 147, 30 . 6. 1995, p. 49 .
 ---pagebreak--- L 264/ 18         EN                Official Journal of the European Communities                                           26 . 9 . 97
                                                              ANNEX
          to the Commission Regulation of 25 September 1997 fixing the rates of the refunds applicable to
          certain cereals and rice products exported in the form of goods not covered by Annex II to the
                                                               Treaty
                                                                                                         Rate of refund
               CN code                              Description of products (')                        per 100 kg of basic
                                                                                                            product
              1001 10 00    Durum wheat:
                            — on exports of goods falling within CN codes 1902 11 and
                               1902 19 to the United States of America                                         —
                            — in other cases
              1001 90 99    Common wheat and mesiin :
                            — on exports of goods falling within CN codes 1 902 1 1 and
                               1902 19 to the United States of America                                         —
                            — in other cases :
                            — — where pursuant to Article 4 (5) of Regulation (EC) No
                                   1222/94 (2)
                            — — in other cases
              1002 00 00    Rye                                                                               2,600
              1003 00 90    Barley                                                                            0,495
              1004 00 00    Oats                                                                              0,966
              1005 90 00    Maize (corn) used in the form of:
                            — starch :
                            — — where pursuant to Article 4 (5) of Regulation (EC) No
                                   1222/94 (2)                                                                1,828
                            — — in other cases                                                                2,453
                            — glucose, glucose syrup, maltodextrine, maltodextrine syrup of
                               CN codes       1 702 30 5 1 , 1 702 30 59,  1 702 30 9 1 , 1 702 30 99,
                               1702 40 90 , 1702 90 50, 1702 90 75, 1702 90 79, 2106 90 55 (3):
                            — — where pursuant to Article 4 (5) of Regulation (EC) No
                                   1 222/94 (2)                                                               1,215
                            — — in other cases                                                                1,840
                            — other (including unprocessed)                                                   2,453
                            Potato starch of CN code 1 108 13 00 similar to a product obtained
                            from processed maize:
                            — where pursuant to Article 4 (5) of Regulation (EC) No
                               1222/94 0                                                                      1,828
                             — in other cases                                                                 2,453
              1006 20       Husked rice :
                             — round grain                                                                   17,515
                             — medium grain                                                                  15,594
                             — long grain                                                                    15,594
          ex 1006 30        Wholly-milled rice:
                             — round grain                                                                   22,600
                             — medium grain                                                                  22,600
                             — long grain                                                                    22,600
              1006 40 00    Broken rice used in the form of:
                             — starch of CN code 1108 19 10 :
                             — — where pursuant to Article 4 (5) of Regulation (EC) No
                                   1222/94 (2)                                                                0,555
                             — — in other cases                                                               1,213
                             — other (including unprocessed)                                                  1,213
 ---pagebreak--- 26. 9 . 97          EN                      Official Journal of the European Communities                                                  L 264/ 19
                                                                                                                       Rate of refund
                  CN code                                   Description of products (')                              per 100 kg of basic
                                                                                                                          product
                1007 00 90          Sorghum                                                                                 0,495
                1101 00             Wheat or mesiin flour:
                                     — on exports of goods falling        within CN codes 1902 11 and
                                        1902 19 to the United States of America
                                     — in other cases                                                                        —
                 1102 10 00         Rye flour                                                                               3,198
                1103 11 10          Groats and durum wheat meal :
                                     — on exports of goods falling        within CN codes 1902 11           and
                                        1902 19 to the United States of America
                                     — in other cases                                                                        —
                 1103 11 90         Common wheat groats and spelt:
                                     — on exports of goods falling within CN              codes 1902 11     and
                                        1902 19 to the United States of America
                                     — in other cases
                                                                                                           L                 —
           (') As far as agricultural products obtained from the processing of a basic product or/and assimilated products are concerned,
               the coefficients shown in Annex E of amended Commission Regulation (EC) No 1222/94 shall be applied (OJ L 136, 31 .
               5. 1994, p. 5).
           (2) The goods concerned are listed in Annex I of amended Regulation (EEC) No 1722/93 (OJ L 159, 1.7. 1993, p. 112).
           (') For syrups of CN codes 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the
               export refund may be granted only for the glucose syrup.