CELEX: 31991R1471
Language: en
Date: 1991-06-01 00:00:00
Title: Commission Regulation (EEC) No 1471/91 of 31 May 1991 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 . 6. 91                             Official Journal of the European Communities                            No L 138/59
                                      COMMISSION REGULATION (EEC) No 1471/91
                                                       of 31 May 1991
                   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
 of 29 October 1975 on the common organization of the                  which are manufactured under similar conditions ;
 market in cereals ('), as last amended by Regulation (EEC)
 No 3577/90 (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
 Having regard to Council Regulation (EEC) No 1418/76                  processing arrangements ;
 of 21 June 1976 on the common organization of the
 market in rice (3), as last amended by Regulation (EEC)
 No 1806/89 (4), and in particular the first sentence of the
 fourth subparagraph of Article 17 (2) thereof,                   Whereas in the absence of evidence that no production
                                                                  refund was granted pursuant to Council Regulation (EEC)
                                                                  No 1009/86 of 25 March 1986 establishing general rules
 Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75           applying to production refunds in the cereals and rice
 and Article 17 (1 ) of Regulation (EEC) No 1418/76               sector Q, as last amended by Regulation (EEC) No
 provides that the difference between quotations of prices        3655/90 (8), the export refund should be reduced by the
 on the world market for the products listed in Article 1 of      amount of the production refund applicable on the day of
 each of those Regulations and the prices within the              acceptance of the export declaration ; whereas this system
 Community may be covered by an export refund ;                   is the only one wich avoids the risk of fraud ;
 Whereas Council Regulation (EEC) No 3035/80 of 11                Whereas Council Regulation (EEC) No 565/80 of 4
 November 1980 laying down general rules for granting             March 1980 on the advance payment of export refunds in
 export refunds on certain agricultural products exported         respect of agricultural products (9), as amended by Regula­
 in the form of goods not covered by Annex II to the              tion (EEC) No 2026/83 (10), and Commission Regulation
 Treaty, and the criteria for fixing the amount of such           (EEC) No 3665/87 of 27 November 1987 laying down
 refunds (*), as last amended by Regulation (EEC) No              common detailed rules for the application of the system
 3381 /90 (6), specifies the products for which a rate of         of export refunds on agricultural . products (n), as last
 refund should be fixed, to be applied where these                amended by Regulation (EEC) No 161 5/90 (12), lay down
 products are exported in the form of goods listed in             rules on the advance payment of export refunds that must
Annex B to Regulation (EEC) No 2727/75 or in Annex B              be adhered to when these are adjusted ;
 to Regulation (EEC) No 1418/76 as appropriate ;
Whereas, in accordance with the first subparagraph of             Whereas, now that a settlement has been reached between
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 (13), it is necessary to differ­
                                                                  entiate the refund on goods falling within CN codes
Whereas, in accordance with paragraph 2 of that Article,          1902 11 00 and 1902 19 according to their destination ;
that rate must be determined with particular reference to :
                                                                  0 OJ    No L 94, 9 . 4. 1986, p. 6.
(>) OJ No L 281 , 1 . 11 . 1975, p. 1 .                           (8) OJ  No L 362, 27.   12. 1990, p. 33.
(2) OJ No L 353, 17. 12. 1990, p. 23.                             0 OJ    No L 62, 7. 3.  1980, p. 5.
(3) OJ No L 166, 25. 6. 1976, p. 1 .                              (10) OJ  No L 199, 22.  7. 1983, p. 12.
W OT No L 177. 24. 6 . 1989 . o. 1 .                              (") OJ   No L 351 , 14.  12. 1987, p. 1 .
Is) OJ No L 323, 29. 11 . 1980, p. 27.                            (1J) OJ  No L 152, 16.  6. 1990, p. 33 .
(6 OJ No L 327, 27. 11 . 1990, p . 4.                             H OJ     No L 275, 29 . 9. 1987, p. 36 .
 ---pagebreak--- No L 138/60                           Official Journal of the European Communities                                   1 . 6. 91
Whereas, in order to ensure equitable treatment between          have not benefited from the production refund provided
maize products exported in the form of pellets, rolled or        for in that Regulation, and that such refund will not be
flaked grains falling within CN code 1904 10 and other           applied for.
maize products, it is necessary to differentiate the refunds
on those goods,                                                  The proof referred to in the first subparagraph is provided
                                                                 by the presentation by the exporter of a declaration from
Whereas the measures provided for in this Regulation are         the processor of the basic product in question attesting
in accordance with the opinion of the Management                 that the latter product has not benefited from a produc­
Committee for Cereals,                                           tion refund as provided for in Regulation (EEC) No
                                                                 1009/86, and that no application for such refund will be
                                                                 made.
HAS ADOPTED THIS REGULATION :
                                                                 3. 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
Annex A to Regulation (EEC) No 3035/80 and listed                    the rate is not fixed in advance ;
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
the form of goods listed in Annex B to Regulation (EEC)          will be reduced by the amount of the production refund
No 2727/75 or in Annex B to Regulation (EEC) No                  applicable pursuant to Regulation (EEC) No 1009/86 to
1418/76 respectively, are hereby fixed as shown in the           the basic product in question on the day of acceptance of
Annex to this Regulation.                                        the export declaration for the goods, or on the day speci­
                                                                 fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
2. For the products listed in the Annex to Regulation            the goods have been placed under the export refund
(EEC) No 1009/86, the refunds given in the Annex to this         advance payment arrangements.
Regulation shall be applied on presentation, at the accept­
ance of the export declaration and the request for obtain­                                 Article 2
ing the export refund, of proof that the basic products
used in the manufacture of the products to be exported           This Regulation shall enter into force on 1 June 1991 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 31 May 1991 .
                                                                           For the Commission
                                                                           Martin BANGEMANN
                                                                               Vice-President
 ---pagebreak--- 1 . 6. 91                       Official Journal of the European Communities                                No L 138/61
                                                       ANNEX
          to the Commission Regulation of 31 May 1991 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
                                    and 1902 19 to the United States of America                   7,791
                                — In all other cases                                             12,985
               1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                — On exports of goods falling within CN codes 1902 11
                                    and 1902 19 to the United States of America                   6,176
                                — In all other cases                                             10,293
               1002 00 00       Rye                                                               9,627
               1003 00 90       Barley                                                            9,592
               1004 00 90       Oats                                                              8,305
               1005 90 00       Maize, other than hybrid maize for sowing) :
                                — Maize in pellets, rolled or flake grains with a fat content
                                    exceeding 1 ,5 % in the form of goods falling within CN
                                    code 1904 10                                                  7,223
                                — In all other cases                                             12,747
              1006 20           Round grain husked rice                                          21,832
                                Medium grain husked rice                                         18,063
                                Long grain husked rice                                           18,063
           ex 1006 30           Round grain wholly milled rice                                   28,220
                                Medium grain wholly milled rice                                  33,871
                                Long grain wholly milled rice                                    33,871
               1006 40 00       Broken rice                                                   ' 13,415
               1007 00 90       Sorghum                                                           6,377
               1101 00 00       Wheat or meslin flour :
                                — On exports of goods falling within CN codes 1902 11
                                    and 1902 19 to the United States of America                   7,309 .
                                — In all other cases                                             12,182
               110210 00        Rye flour                                                        20,704
               1103 11 10       Durum wheat groats and meal :
                                — On exports of goods falling within CN codes 1 902 1 1
                                    and 1902 19 to the United States of America                  12,076
                                — In all other cases                                             20,127
               1103 11 90       Common wheat groats and meal :
                                — On exports of goods falling within CN codes 1902 11
                                    and 190219 to the United States of America                    7,309
                                — In all other cases                                             12,182