CELEX: 31988R0280
Language: en
Date: 1988-01-30 00:00:00
Title: Commission Regulation (EEC) No 280/88 of 29 January 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 26/72                               Official Journal of the European Communities                                    30 . 1 . 88
                                     COMMISSION REGULATION (EEC) No 280/88
                                                       of 29 January 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
                                                                          cultural products covered by Annex II to the Treaty
Having regard to Council Regulation (EEC) No 2727/75                      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 f7), 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
                                                                     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,            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 (l0), as last amended by
 (') OJ No L 281 , 1 . 11 . 1975, p. 1 .
 ft 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.                                     (■) 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--- 30 . 1 . 88                            Official Journal of the European Communities                            No L 26/73
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
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) N6 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 February 1988 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 29 January 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 .
0 OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 26/74                        Official Journal of the European Communities                                 30 . 1 . 88
                                                          ANNEX
             to the Commission Regulation of 29 January 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       11,054
           \                       — In all other cases                                             15,039
                  1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                   — For the manufacture of starch                                  11,233
           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                                                    9,285
                                       — In all other cases                                          12,633
                  1002 00 00       Rye                                                               11,770
                  1003,00 90       Barley                                                            14,100
                  1004 00 90       Oats                                                              13,854
                  1005 90 00       Maize, other than hybrid maize for sowing :
                                   — For the manufacture of starch                                   11,909
           l                       — Other than for the manufacture of starch                        12,909
                  1006 20 10       Round grain husked rice                                           40,529
                  1006 20 90       Long grain husked rice                                            38,295
                  1006 30 91       Round grain wholly milled rice                                    52,295
                  1006 30 99       Long grain wholly milled rice                                     55,500
                  1006 40 00       Broken rice :                                                \
                                   — For the manufacture of starch                                   17,101
                                   — Other than for the manufacture of starch                        18,301
                   1007 00 90      Sorghum                                                             8,131
                   1101 00 00      Wheat or meslin flour :
                                   — On exports of goods falling within subheadings
                                        1902 1 1 00 and 1902 19 to the United States of America      10,987
                                   — In all other cases                                              14,948
                   1102 10 00       Rye flour                                                        22,427
                   1103 11 10       Durum wheat groats and meal :                               l
                                   — On exports of goods falling within subheadings
                                        1902 11 00 and 1902 19 to the United States of America        17,133
                                    — In all other cases                                             23,310
                   1103 11 90       Common wheat groats and meal :
                                    — On exports of goods falling within subheadings
                                        1902 11 00 and 1902 19 to the United States of America        10,987
                                    — In all other cases                                              14,948