CELEX: 31990R0271
Language: en
Date: 1990-02-01 00:00:00
Title: Commission Regulation (EEC) No 271/90 of 31 January 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 . 2. 90                                    Official Journal of the European Communities                              No L 30/45
                                          COMMISSION REGULATION (EEC) No 271/90
                                                           of 31 January 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,                                   on the Community market and the prices ruling on
                                                                              the world markets ;
Having regard to the Treaty establishing the European
Economic Community,                                                    (b) the level of the refunds on exports of processed agri­
                                                                              cultural products covered by Annex II to the Treaty
                                                                              which are manufactured under similar conditions ;
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)              (c) the need to ensure equality of competition for the
No 201 /90 (% and in particular the first sentence of the                     industries which use Community products and those
fourth subparagraph of Article 16 (2) thereof,                                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                       Whereas in the absence of evidence that no production
market in rice (3), as last amended by Regulation (EEC)                 refund was granted under Council Regulation (EEC) No
No 1806/89 (4), and in particular the first sentence of the              1009/86 of 25 March 1986 establishing general rules
fourth subparagraph of Article 17 (2) thereof,                          applying to production refunds in the cereals and rice
                                                                        sector f), 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 Council Regulation (EEC) No 565/80 of 4
                                                                        March 1980 on the advance payment of export refunds in
Whereas Council Regulation (EEC) No 3035/80 of 11                        respect of agricultural products f), as amended by Regula­
 November 1980 laying down general rules for granting                    tion (EEC) No 2026/83 (10), and Commission Regulation
export refunds on certain agricultural products exported                (EEC) No 3665/87 of 27 November 1987 laying down
 in the form of goods not covered by Annex II to the                     common detailed rules for the application of the system
Treaty, and the criteria for fixing the amount of such                   of export refunds on agricultural products (u), as last
 refunds (s), as last amended by Regulation (EEC) No                     amended by Regulation (EEC) No 3993/88 (12), lay down
 3209/88 (*), specifies the products for which a rate of                 rules on the advance payment of export refunds that must
 refund should be fixed, to be applied where these                       be adhered to when these are adjusted ;
 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, now that a settlement has been reached between
                                                                         the European Economic Community and the United
 Whereas, in accordance with the first subparagraph of                   States of America on Community exports of pasta
 Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of             products to the United States and has been approved by
 the refund per 1 00 kilograms for each of the basic                     Council Decision 87/482/EEC (13), it is necessary to differ­
 products in question must be fixed for each month ;                     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 :             Whereas the measures provided for in this Regulation are
                                                                         in accordance with the opinion of the Management
 (a) the average costs incurred by processing industries in              Committee for Cereals,
      obtaining supplies of the basic products in question
                                                                         0 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 .
 (2) OJ  No  L   22, 27. 1 . 1990, p. 7.                                 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.
 (4) OJ  No  L   177, 24. 6. 1989, p. 1 .                                (") OJ No L 351 , 14. 12. 1987, p. 1 .
 (Ó OJ No L 323, 29. 11 . 1980, p. 27.                                   0 2) OJ No L 354, 22. 12. 1988, p. 22.
 M OJ No L 286, 20. 10. 1988, p. 6.                                      (13) OJ No L 275, 29 . 9 . 1987, p. 36.
 ---pagebreak--- No L 30/46                            Official Journal of the European Communities                                 1 . 2. 90
HAS ADOPTED THIS REGULATION :                                   that the latter product has not benefited from a produc­
                                                                tion refund as provided for in Regulation (EEC) No
                          Article 1                              1009/86, and that no application for such refund will be
                                                                made.
1 . Without prejudice to paragraphs 2 and 3 the rates of
the refunds applicable to the basic products appearing in       3. When the proof referred to in paragraph 2 is not
Annex A to Regulation (EEC) No 3035/80 and listed               provided, the export refund :
either in Article 1 of Regulation (EEC) No 2727/75 or in
Article 1 (1) of Regulation (EEC) No 1418/76, exported in       (a) applicable on the date of acceptance of the export
the form of goods listed in Annex B to Regulation (EEC)              declaration for the goods, or on the day specified in
No 2727/75 or in Annex B to Regulation (EEC) No                      Article 26 (2) ' of Regulation (EEC) No 3665/87, where
1418/76 respectively, are hereby fixed as shown in the               the rate is not fixed in advance ;
Annex to this Regulation.
                                                                 (b) of which the rate is fixed in advance,
2. For the products listed in the Annex to Regulation
(EEC) No 1009/86, the refunds given in the Annex to this         will be reduced by the amount of the production refund
Regulation shall be applied on presentation, at the accept­      applicable under Regulation (EEC) No 1009/86 to the
ance of the export declaration and the request for obtain­       basic product in question on the day of acceptance of the
ing the export refund, of proof that the basic products          export declaration for the goods, or on the day specified
used in the manufacture of the products to be exported           in Article 26 (2) of Regulation (EEC) No 3665/87, if the
have not benefited from the production refund provided           goods have been placed under the export refund advance
for in that Regulation, and that such refund will not be         payment arrangements.
applied for.
The proof referred to in the first subparagraph is provided                                 Article 2
by the presentation by the exporter of a declaration from
the processor of the basic product in question attesting         This Regulation shall enter into force on 1 February 1990.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 31 January 1990.
                                                                           For the Commission
                                                                            Karel VAN MIERT
                                                                       Member of the Commission
 ---pagebreak--- 1 . 2 . 90                      Official Journal of the European Communities                                No L 30/47
                                                       ANNEX
           to the Commission Regulation of 31 January 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)
                                                               . .                           1     Rate
                  CN code                                 Description                           of refund
                1001 10 90       Durum wheat :
                                 — On exports of goods falling within             CN codes
                                     1902 1 1 00 and 1902 19 to the United States of America     12,110
                                 — In all other cases                                            13,163
                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                                                               7,549
                1003 00 90       Barley                                                            7,875
                1004 00 90       Oats                                                              8,491
                1005 90 00       Maize, other than hybrid maize for sowing                         8,919
                1006 20          Round grain husked rice                                          38,428
                                 Medium grain husked rice                                         38,636
                                 Long grain husked rice                                           38,636
            ex 1006 30           Round grain wholly milled rice                                   49,585
                                 Medium grain wholly milled rice                                  55,994
                                 Long grain wholly milled rice                                    55,994
                1006 40 00       Broken rice                                                      17,479
                1 007 00 90      Sorghum                                                           6,219
                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       7,207
                                 — In all other cases                                              7,833
                1102 10 00       Rye flour                                                        17,280
                1103 11 10       Durum wheat groats and meal :
                                 — On exports of goods falling within CN codes
                                     1902 11 00 and 1902 19 to the United States of America       18,770
                                 — In all other cases                                             20,403
                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        7,207
                                 — In all other cases                                              7,833