CELEX: 31989R1169
Language: en
Date: 1989-04-29 00:00:00
Title: Commission Regulation (EEC) No 1169/89 of 28 April 1989 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

29 . 4. 89                                 Official Journal of the European Communities                            No L 121 /31
                                        COMMISSION REGULATION (EEC) No 1169/89
                                                          of 28 April 1989
                   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 166/89 (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 2229/88 (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 Q, as last amended
Whereas Council Regulation (EEC) No 3035/80 of 11                    by Regulation (EEC) No 1009/86 (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
in the form of goods not covered by Annex II to the                  cereals and rice sector :
Treaty, and the criteria for fixing the amount of such
refunds^5), as last amended by Regulation (EEC) No
3209/88 (% specifies the products for which a rate of
refund should be fixed, to be applied where these                    Whereas account should be taken, for the purposes of
products are exported in the form of goods listed in                 Article 4 (3) of Regulation (EEC) No 3035/80, of the
Annex B to Regulation (EEC) No 2727/75 or in Annex B                 production refund provided for in Regulation (EEC) No
to Regulation (EEC) No 1418/76 as appropriate ;                      2742/75 applicable during the month in which exporta­
                                                                     tion occurs ; whereas, moreover, in the absence of
                                                                     evidence that no production refund was granted under
Whereas, in accordance with the first subparagraph of                Regulation (EEC) No 1009/86 the export refund should
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of           be further reduced by the amount of the production
the refund per 100 kilograms for each of the basic                   refund applicable on the day of acceptance of the export
products in question must be fixed for each month ;                  declaration ; whereas this system is the only one which
                                                                     discards the risk of fraud ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :          Whereas Council Regulation (EEC) No 565/80 of 4
                                                                     March 1980 on the advance payment of export refunds in
(') OJ  No L   281 , 1 . 11 . 1975, p. 1 .                           respect of agricultural products (9), as amended by Regula­
0   OJ  No L   20, 25. 1 . 1989, p. 16.
0   OJ  No L   166, 25. 6. 1976, p. 1 .
(4) OJ  No L   197, 26. 7. 1988, p. 30.                              O OJ No L 281 , 1 . 11 . 1975, p. 57.
0   OJ  No L   323, 29. 11 . 1980, p. 27.                            (8) OJ No L 94, 9. 4. 1986, p. 6.
(6) OJ  No L   286, 20. 10. 1988, p. 6.                              0 OJ No L 62, 7. 3. 1980, p. 5.
 ---pagebreak---  No L 121 /32                         Official Journal of the European Communities                                  29 . 4. 89
txon (EEC) No 2026/83 ('), and Commission Regulation              ance of the export declaration and the request for obtain­
(EEC) No 3665/87 of 27 November 1987 laying down                  ing the export refund, of proof that the basic products
common detailed rules for the application of the system           used in the manufacture of the products to be exported
of export refunds on agricultural products (2) lay down           have not benefited from the production refund provided
rules on the advance payment of export refunds that must          for in that Regulation, and that such refund will not be
be adhered to when these are adjusted ;                           applied for.
Whereas, now that a settlement has been reached between
the European Economic Community and the United                    The proof referred to in the first subparagraph is provided
States of America on Community exports of pasta                   by the presentation by the exporter of a declaration from
                                                                  the processor of the basic product in question attesting
products to the United States and has been approved by            that the latter product has not benefited from a produc­
Council Decision 87/482/EEC (3), it is necessary to differ­
entiate the refund on goods falling within subheadings
                                                                  tion refund as provided for in Regulation (EEC) No
1902 11 00 and 1902 19 of the combined nomenclature               1009/86, and that no application for such refund will be
                                                                  made.
according to their destination ;
Whereas the measures provided for in this Regulation are          3. When the proof referred to in paragraph 2 is not
in accordance with the opinion of the Management                  provided, the export refund :
Committee for Cereals,
                                                                  (a) applicable on the date of acceptance of the export
                                                                      declaration for the goods, or on the day specified in
HAS ADOPTED THIS REGULATION :                                         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,
1 . Without prejudice to paragraphs 2 and 3 the rates of          will be reduced by the amount of the production refund
the refunds applicable to the basic products appearing in         applicable under Regulation (EEC) No 1009/86 to the
Annex A to Regulation (EEC) No 3035/80 and listed                 basic product in question on the day of acceptance of the
either in Article 1 of Regulation (EEC) No 2727/75 or in          export declaration for the goods, or on the day specified
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in        in Article 26 (2) of Regulation (EEC) No 3665/87, if the
the form of goods listed in Annex B to Regulation (EEC)           goods have been placed under the export refund advance
No 2727/75 or in Annex B to Regulation (EEC) No                   payment arrangements.
1418/76 respectively, are hereby fixed as shown in the
Annex to this Regulation.
2. 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 May 1989.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 April 1989.
                                                                            For the Commission
                                                                            Martin BANGEMANN
                                                                                Vice-President
 (') OJ No L 199, 22. 7. 1983, p. 12.
 0 OJ No L 351 , 14. 12. 1987, p. 1 .
 (3 OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- 29 . 4. 89                      Official Journal of the European Communities                              No L 121 /33
                                                       ANNEX
           to the Commission Regulation of 28 April 1989 fixing the rates of the refunds applicable to
           certain cereal and rice products exported in die 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    12,495
                                 — In all other cases                                          12,621
                1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                 — For the manufacture of starch                                 5,929
                                 — Other than for the manufacture of starch :
                                    — On exports of goods falling within CN codes
                                        1902 11 00 and 1902 19 to the United States of
                                        America                                                  6,563
                                    — In all other cases                                         6,629
                1002 00 00       Rye                                                             6,005
                1003 00 90       Barley                                                          6,842
                1004 00 90       Oats                                                            2,742
                1005 90 00       Maize, other than hybrid maize for sowing :
                                 — For the manufacture of starch                                 7,889
                                 — Other than for the manufacture of starch                      8,389
                1006 20          Round grain husked rice                                       37,934
                                 Medium grain husked rice                                      37,521
                                 Long grain husked rice                                        37,521
            ex 1006 30           Round grain wholly milled rice                                48,947
                                 Medium grain wholly milled rice                                54,378
                                 Long grain wholly milled rice                                  54,376
                1006 40 00       Broken rice :
                                 — For the manufacture of starch                                 9,580
                                 — Other than for the manufacture of starch                     10,180
                1007 00 90       Sorghum                                                         6,283
                1 101 00 00      Wheat or meslin flour :
                                 — On exports of goods falling within CN codes
                                     1902 11 00 and 1902 19 to the United States of America      7,729
                                 — In all other cases                                            7,807
                1102 10 00       Rye flour                                                      15,903
                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   19,367
                                 — In all other cases                                          19,563
                1103 11 90       Common 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     7,729
                                 — In all other cases                                            7,807