CELEX: 31992R1717
Language: en
Date: 1992-07-01 00:00:00
Title: Commission Regulation (EEC) No 1717/92 of 30 June 1992 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

1 . 7. 92                                  Official Journal of the European Communities                           No L 179/69
                                       COMMISSION REGULATION (EEC) No 1717/92
                                                          of 30 June 1992
                   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 674/92 (2), and in particular the first sentence of the
fourth subparagraph of Article 16 (2) thereof,                       (c) the need to ensure equality of competition for the
                                                                           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 674/92, and in particular the first sentence of the               Whereas in the absence of evidence that no production
fourth subparagraph of Article 17 (2) thereof,                        refund was granted pursuant to Council Regulation (EEC)
                                                                      No 1009/86 of 25 March 1986 establishing general rules
                                                                      applying to production refunds in the cereals and rice
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                sector (6), as last amended by Regulation (EEC)
and Article 17 (1 ) of Regulation (EEC) No 1418/76                    No 1 309/92 0, the export refund should be reduced by
provides that the difference between quotations of prices             the amount of the production refund applicable on the
on the world market for the products listed in Article 1 of           day of acceptance of the export declaration ; whereas this
each of those Regulations and the prices within the                   system is the only one wich avoids the risk of fraud ;
Community may be covered by an export refund ;
Whereas Council Regulation (EEC) No 3035/80 of                        Whereas Council Regulation (EEC) No 565/80 of
 11 November 1980 laying down general rules for granting              4 March 1980 on the advance payment of export refunds
export refunds on certain agricultural products exported              in respect of agricultural products (8), as amended by
in the form of goods not covered by Annex II to the                   Regulation (EEC) No 2026/83 (9), and Commission Regu­
Treaty, and the criteria for fixing the amount of such                lation (EEC) No 3665/87 of 27 November 1987 laying
refunds (4), as last amended by Regulation (EEC)                      down common detailed rules for the application of the
No 3381 /90 (*), specifies the products for which a rate of           system of export refunds on agricultural products (10), as
refund should be fixed, to be applied where these                     last amended by Regulation (EEC) No 887/92 ("), lay
products are exported in the form of goods listed in                  down rules on the advance payment of export refunds
Annex B to Regulation (EEC) No 2727/75 or in Annex B                  that must be adhered to when these are adjusted ;
to Regulation (EEC) No 1418/76 as appropriate ;
                                                                      Whereas, now that a settlement has been reached between
Whereas, in accordance with the first subparagraph of
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of            the European Economic Community and the United
the refund per 100 kilograms for each of the basic                    States of America on Community exports of pasta
products in question must be fixed for each month ;                   products to the United States and has been approved by
                                                                      Council Decision 87/482/EEC (12), it is necessary to differ­
                                                                      entiate the refund on goods falling within CN codes
                                                                       1902 11 00 and 1902 19 according to their destination ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :
                                                                      (6) OJ No L 94, 9. 4. 1986, p. 6.
                                                                      0 OJ No L 139, 22. 5. 1992, p. 47.
(') OJ  No  L  281 , 1 . 11 . 1975, p. 1 .                            (*) OJ No L 62, 7. 3. 1980, p. 5.
f)  OJ  No  L  73, 19. 3. 1992, p. 7.                                 (') OJ No L 199, 22. 7. 1983, p. 12.
O   OJ  No  L  166, 25. 6. 1976, p. 1 .                               (,0) OJ No L 351 , 14. 12. 1987, p. 1 .
(") OJ  No  L  323, 29. 11 . 1980, p. 27.                             (") OJ No L 95, 9 . 4. 1992, p. 20.
0   OJ  No  L  327, 27. 11 . 1990, p. 4.                              (,2) OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 179/70                           Official Journal of the European Communities                                  1 . 7. 92
Whereas, for the application of Article 4 (2) (b) of Regula­     ance of the export declaration and the request for obtain­
tion ((EEC) No 3035/80, it is necessary to differentiate the     ing the export refund, of proof that the basic products
refunds ;                                                        used in the manufacture of the products to be exported
                                                                 have not benefited from the production refund provided
Whereas by its Regulation (EEC) No 1432/92 (') the               for in that Regulation, and that such refund will not be
Council prohibited trade between the Community and               applied for.
the Republics of Serbia and of Montenegro ; that it is
important to take account of it at the time of the fixing of     The proof referred to in the first subparagraph is provided
the refunds ;                                                    by the presentation by the exporter of a declaration from
                                                                 the processor of the basic product in question attesting
Whereas the measures provided for in this Regulation are         that the latter product has not benefited from a produc­
in accordance with the opinion of the Management                 tion refund as provided for in Regulation (EEC)
Committee for Cereals,                                           No 1009/86, and that no application for such refund will
                                                                 be made .
HAS ADOPTED THIS REGULATION :                                    4. When the proof referred to in paragraph 2 is not
                                                                 provided, the export refund :
                           Article 1
                                                                 (a) applicable on the date of acceptance of the export
1 . Without prejudice to paragraphs 2 and 3 the rates of             declaration for the goods, or on the day specified in
the refunds applicable to the basic products appearing in            Article 26 (2) of Regulation (EEC) No 3665/87, where
                                                                     the rate is not fixed in advance ;
Annex A to Regulation (EEC) No 3035/80 and listed
either in Article 1 of Regulation (EEC) No 2727/75 or in         (b) of which the rate is fixed in advance,
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in       will be reduced by the amount of the production refund
the form of goods listed in Annex B to Regulation (EEC)          applicable pursuant to Regulation (EEC) No 1009/86 to
No 2727/75 or in Annex B to Regulation (EEC)                     the basic product in question on the day of acceptance of
No 1418/76 respectively, are hereby fixed as shown in            the export declaration for the goods, or on the day speci­
the Annex to this Regulation.                                    fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
2.    Export refunds towards the Republics of Montenegro         the goods have been placed under the export refund
and Serbia are not fixed.                                        advance payment arrangements.
3. For the products listed in the Annex to Regulation                                      Article 2
(EEC) No 1009/86, the refunds given in the Annex to this
Regulation shall be applied on presentation, at the accept­      This Regulation shall enter into force on 1 July 1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 30 June 1992.
                                                                           For the Commission
                                                                          Martin BANGEMANN
                                                                               Vice-President
(') OJ No L 151 , 3. 6. 1992, p. 4.
 ---pagebreak--- 1 . 7. 92                           Official Journal of the European Communities                                    No L 179/71
                                                            ANNEX
           to the Commission Regulation of 30 June 1992 fixing die 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 90      Durum wheat :
                             — used unprocessed :
          \                  — — on exports of goods falling within CN codes 1902 11 and
                                   1902 19 to the United States of America                             4,791
                                   in all other cases                                                  8,712
                             — used in the form of :
                             — — pellets of CN code 1 103, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                      3,767
                              — — hulled grains of CN code 1104 and starch of CN code 1108             5,651
                              — — germ of CN code 1104                                                 2,197
                              — — gluten of CN code 1109                                                —
                              — — other (except flours of CN code 1101 and groats and meal of
                                   CN code 1103)                                                       6,279
               1001 90 99    Common wheat and meslin :
                              — used unprocessed :
                              — — on exports of goods falling within CN code 1902 11 and
                                   1902 19 to the United States of America                             3,453
                              — — in all other cases                                                   6,279
                              — used in the form of :
                              — — pellets of CN code 1103, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                      3,767
                              — — hulled grains of CN code 1104 and starch of CN code 1108             5,651
                                   germ of CN code 1104                                                2,197
                              — — gluten of CN code 1109                                                — '
                              — — other (except flours of CN code 1101 , and groats and meal of
                                   CN code 1103                                                        6,279
               1002 00 00    Rye :
                              — used unprocessed                                                       9,157
                              — used in the form of :
                              — — pellets of CN code 1103, or pearled grains of CN code 1104           5,494
                              — — rolled or flaked grains and hulled grains of CN code 1 1 04          8,241
                              — — germ of CN code 1104                                                 3,127
                              — — starch of CN code 1108 19 90                                         8,935
          \                   — — gluten of CN code 2303 10 90                                          —
                              — — other (except flours of CN code 1 102)                               9,157
               1003 00 90    Barley :
                              — used unprocessed                                                       6,587
                              — used in the form of :
                                   flours of CN code 1102, groats and meal of CN code 1103,
                                   or rolled, flaked or pearled grains of CN code 1104                 4,611
                              — — pellets of CN code 1103                                              3,952
                              — — germs of CN code 1104                                                3,127
                              — — starch of CN code 1108 19 90                                         8,935
                              — — gluten of CN code 2303 10 90                                          —
                              — — other                                                                6,587
 ---pagebreak--- No L 179/72                                Official Journal of the European Communities                                            1 . 7. 92
                                                                                                                Rate of refund
                  CN code                                 Description of products (')                         per 100 kg of basic
                                                                                                                   product
                 1004 00 90        Oats :
                                   — used unprocessed                                                                7,303
                                   — used in the form of :
                                   — — pellets of CN code 1103, and pearled grains of CN code
                                          1104                                                                       4,382
                                   — — rolled or flaked grains and hulled grains of CN code 1104                     6,572
                                          germs of CN code 1104                                                      3,127
                                   — — starch of CN code 1108 19 90                                                  8,935
                                   — — gluten of CN code 2303 10 90                                                    —
                                   — — other                                                                         7,303
                 1005 90 00        Maize (Corn) :
                                   — used unprocessed                                                                8,935
                                   — used in the form of :
          l                        — — flours of CN codes 1102 20 10 and 1102 20 90                                  6,254
                                   — — groats and meal of CN code 1003 and rolled or flaked grains
                                          of CN code 1104                                                            7,148
                                   — — pellets of CN code 1103                                                        5,361
                                          hulled or perled grains of CN code 1104                                     8,041
                                   — — germs of CN code 1104                                                          3,127
                                   — — starch of CN code 1108 12 00                                                   8,935
          I                        — — gluten of CN code 2303 10 11                                                   3,574
                                   — — other                                                                          8,935
                 1006 20           Round grain husked rice                                                          24,481
                                   Medium grains husked rice                                                        23,773
                                   Long grain husked rice                                                           23,773
            ex 1006 30             Round grain wholly-milled rice                                                   31,724
                                   Medium grain wholly-milled rice                                                  38,716
                                   Long grain wholly-milled rice                                                    38,716
                 1006 40 00        Broken rice :                                                            l
                                   — used unprocessed                                                               11,954
                                   — used in the form of :                                                  I
                                   — — flour of CN code 1102, groats and meal or pellets of CN              I
                                          code 1103                                                                 11,954
                                   — — flaked grains of CN 1104                                                       7,172
                                   — — starch of CN code 1108 19 10                                                 11,954
                                   — — other                                                                           —
                 1007 00 90        Sorghum                                                                            6,277
                 1101 00 00        Wheat or meslin flour :                                                  l
                                   — on exports of goods falling within CN codes 1902 11 and                I
                                      1902 19 to the United States of America                                         4,039
                                   — in all other cases                                                               7,343
                 1102 10 00        Rye flour                                                                        21,350
                 1103 11 10        Durum wheat groats and meal :                                            \
                                   — on exports of goods falling within CN codes 1902 11 and                I
                                      1902 19 to the United States of America                                         7,427
                                    — in all other cases                                                            13,503
                 1103 11 90        Common wheat groats and meal :                                           \
                                   — on exports of goods falling within CN codes 190211 and                 II
                                      1902 19 to the United States of America                                         4,039
                                   — in all other cases                                                               7,343
            (') The quantities of semi-processed products used must be multiplied, as the case may be by the coefficients shown in
                Annex I to Regulation (EEC) No 2744/75.