CELEX: 31990R0520
Language: en
Date: 1990-03-01 00:00:00
Title: Commission Regulation (EEC) No 520/90 of 28 February 1990 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 . 3 . 90                                 Official Journal of the European Communities                              No L 53/73
                                        COMMISSION REGULATION (EEC) No 520/90
                                                        of 28 February 1990
                   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 201 /90 (2), and in particular the first sentence of the          (c) the need to ensure equality of competition for the
fourth subparagraph of Article 1 6 (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 1806/89 (4), 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 under Council Regulation (EEC) No
                                                                      1009/86 of 25 March 1986 establishing general rules
                                                                      applying to production refunds in the cereals and rice
                                                                      sector       as last amended by Regulation (EEC) No
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                2779/89 (8), the export refund should be reduced by the
and Article 17.(1 ) of Regulation (EEC) No 1418/76                    amount of the production refund applicable on the day of
provides that the difference between quotations of prices             acceptance of the export declaration ; whereas this system
on the world market for the products listed in Article 1 of           is the only one wich avoids the risk of fraud ;
each of those Regulations and the prices within the
Community may be covered by an export refund ;
                                                                      Whereas Commission Regulation (EEC) No 28/90 (')
Whereas Council Regulation (EEC) No 3035/80 of 11                     specifies new criteria for the classification of products
November 1980 laying down general rules for granting                  falling under CN code 3505 10 50 ; whereas it is therefore
export refunds on certain agricultural products exported              necessary to adopt certain provisions to ensure the deduc­
in the form of goods not covered by Annex II to the                   tion from any export refund payable of the amount of the
Treaty^ and the criteria for fixing the amount of such                production refund in cases where the product in question
refunds (*), as last amended by Regulation (EEC) No                   has previously benefited from a production refund under
3209/88 (6), specifies the products for which a rate of               Regulation (EEC) No 1009/86, prior to the implementa­
refund should be fixed, to be applied where these                     tion of the new criteria ;
products are exported in the form of goods listed in
Annex B to Regulation (EEC) No 2727/75 or in Annex B
to Regulation /EEC) No 1418/76 as appropriate ;                       Whereas Council Regulation (EEC) No 565/80 of 4
                                                                      March 1980 on the advance payment of export refunds in
                                                                      respect of agricultural products (10), as amended by Regu­
Whereas, in accordance with the first subparagraph of                 lation (EEC) No 2026/83 (u), and Commission Regulation
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of            (EEC) No 3665/87 of 27 November 1987 laying down
the refund per 100 kilograms for each of the basic                    common detailed rules for the application of the system
products in question must be fixed for each month ;                   of export refunds on agricultural products (l2), as last
                                                                      amended by Regulation (EEC) No 3993/88 (u), lay down
                                                                      rules on the advance payment of export refunds that must
Whereas, in accordance with paragraph 2 of that Article,              be adhered to when these are adjusted ;
that rate must be determined with particular reference to :
                                                                      O OJ No L 94, 9 . 4. 1986, p. 6.
(') OJ   No L, 281 , 1 . 11 . 1975, p. 1 .                            (8) OJ No L 268 , 15. 9. 1989, p. 20.
0   OJ   No L  22, 27. 1 . 1990, p. 7.                                (») OJ No L 3, 6 . 1 . 1990, p. 9 .
(3) OJ   No I. 166, 25. 6. 1976, p. 1 .                               (10) OJ No L 62, 7. 3 . 1980, p. 5.
(4) OJ   No L  177, 24. 6 . 1989, p. 1 .                              (11) OJ No L 199, 22. 7. 1983, p. 12.
O   OJ   No L  323, 29. 11 . 1980, p. 27.                             (>2) OJ No L 351 , 14. 12. 1987, p. 1 .
(«) OJ   No L  286, 20. 10. 1988, p. 6.                               H OJ No L 354, 22. 12. 1988 , p. 22.
 ---pagebreak--- No L 53/74                            Official Journal of the European Communities                                  1 , 3 . 90
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 ('), it is necessary to differ­      by the presentation by the exporter of a declaration from
entiate the refund on goods falling within CN codes              the processor of the basic product in question attesting
1902 11 00 and 1902 19 according to their destination ;          that the latter product has not benefited from a produc­
                                                                  tion refund as provided for in Regulation (EEC) No
Whereas the Management Committee for Cereals has not              1009/86, and that no application for such refund will be
                                                                  made.
delivered an opinion within the time limit set by its
chairman,                                                         3. When the proof referred to in paragraph 2 is not
                                                                  provided, the export refund :
                                                                  (a) applicable on the date of acceptance of the export
HAS ADOPTED THIS REGULATION :                                         declaration for the goods, or on the day specified in
                                                                      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,
                                                                  will be reduced by the amount of the production refund
1 . Without prejudice to paragraphs 2 and 3 the rates of          applicable under Regulation (EEC) No 1009/86 to the
the refunds applicable to the basic products appearing in         basic product in question on the day of acceptance of the
Annex A to Regulation (EEC) No 3035/80 and listed                 export declaration for the goods, or on the day specified
either in Article 1 of Regulation (EEC) No 2727/75 or in          in Article 26 (2) of Regulation (EEC) No 3665/87, if the
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in        goods have been placed under the export refund advance
the form of goods listed in Annex B to Regulation (EEC)           payment arrangements.
No 2727/75 or in Annex B to Regulation (EEC) No
1418/76 respectively, are hereby fixed as shown in the                                     Article 2
Annex to this Regulation.
                                                                  The provisions of Article 1 (2) and (3) of this Regulation
2. For the products listed in the Annex to Regulation             shall also apply to starches having on acetyl content by
(EEC) No 1009/86, the refunds given in the Annex to this          weight in the dry product of 0,25 % or more but less than
Regulation shall be applied on presentation, at the accept­       0,5 %
ance of the export declaration and the request for obtain­
ing the export refund, of proof that the basic products                                    Article 3
used in the manufacture of the products to be exported
have not benefited from the production refund provided            This Regulation shall enter into force on 1 March 1990.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 28 February 1990.
                                                                            For the Commission
                                                                             Karel VAN MIERT
                                                                        Member of the Commission
f1) OJ No L 275, 29 . 9. 1987, p. 36.
 ---pagebreak--- 1 . 3. 90                      Official Journal of the European Communities                              No L 53/75
                                                      ANNEX
          to the Commission Regulation of 28 February 1990 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    11,521
                                — In all other cases                                          12,523
              1001 90 99        Common wheat, and meslin (mixed wheat and rye) :
                                — On exports of goods falling within CN codes
                                    1902 1 1 00 and 1902 19 to the United States of America     6,170
                                — In all other cases                                            6,706
              1002 00 00        Rye                                                             7,938
              1003 00 90        Barley                                                          8,026
              1004 00 90        Oats                                                            8,731
              1005 90 00        Maize, other than hybrid maize for sowing                       9,324
              1006 20           Round grain husked rice                                       38,904
                                Medium grain husked rice                                      36,829
                                Long grain husked rice                                        36,829
           ex 1006 30           Round grain wholly milled rice                                50,199
                                Medium grain wholly milled rice                                53,375
                                Long grain wholly milled rice                                  53,375
              1006 40 00        Broken rice                                                    17,292
              1007 00 90        Sorghum                                                         6,392
              1101 00 00        Wheat or meslin flour :
                                — On exports of goods falling within CN codes
                                    1902 1 1 00 and 1902 19 to the United States of America     7,183
                                — In all other cases                                            7,808
               1102 10 00       Rye flour                                                      17,775
               1103 11 10       Durum wheat groats and meal :
                                — On exports of goods falling within             CN codes
                                    1902 1 1 00 and 1902 19 to the United States of America    17,858
                                — In all other cases                                           19,411
              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      7,183
                                — In all other cases                                            7,808