CELEX: 31993R1308
Language: en
Date: 1993-05-29
Title: Commission Regulation (EEC) No 1308/93 of 28 May 1993 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 . 5 . 93                                Official Journal of the European Communities                           No L 132/51
                                        COMMISSION REGULATION (EEC) No 1308/93
                                                           of 28 May 1993
                   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,
Having regard to Council Regulation (EEC) No 2727/75                 (b) the level of the refunds on exports of processed agri­
of 29 October 1975 on the common organization of the                      cultural products covered by Annex II to the Treaty
                                                                          which are manufactured under similar conditions :
market in cereals ('), as last amended by Regulation (EEC)
No 1 738/92 (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
Having regard to Council Regulation (EEC) No 1418/76                      which use third-country products under inward
of 21 June 1976 on the common organization of the                         processing arrangements ;
market in rice (3), as last amended by Regulation (EEC)
No 674/92 (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)
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75               No 1009/86 of 25 March 1986 establishing general rules
and Article 17 ( 1 ) of Regulation (EEC) No 1418/76                  applying to production refunds in the cereals and rice
provide that the difference between quotations of prices             sector Q, as last amended by Regulation (EEC)
on the world market for the products listed in Article 1 of           No 1309/92 (8), the export refund should be reduced by
each of those Regulations and the prices within the                  the amount of the production refund applicable on the
Community may be covered by an export refund ;                       day of acceptance of the export declaration ; whereas this
                                                                     system is the only one which avoids the risk of fraud ;
Whereas Council Regulation (EEC) No 3035/80 of
11 November 1980 laying down general rules for granting
export refunds on certain agricultural products exported             Whereas Council Regulation (EEC) No 565/80 of
in the form of goods not covered by Annex II to the                  4 March 1980 on the advance payment of export refunds
Treaty, and the criteria for fixing the amount of such               in respect of agricultural products (9), as amended by
refunds (*), as last amended by Regulation (EEC)                      Regulation (EEC) No 2026/83 (10), and Commission Regu­
No 338 1 /90 (6), specifies the products for which a rate of         lation (EEC) No 3665/87 of 27 November 1987 laying
refund should be fixed, to be applied where these                    down common detailed rules for the application of the
products are exported in the form of goods listed in                 system of export refunds on agricultural products (u), as
Annex B to Regulation (EEC) No 2727/75 or in Annex B                 last amended by Regulation (EEC) No 1 525/92 (12), lay
to Regulation (EEC) No 1418/76 as appropriate ;                      down rules on the advance payment of export refunds
                                                                     that must be adhered to when these are adjusted ;
Whereas, in accordance with the first subparagraph of
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of           Whereas, now that a settlement has been reached between
the refund per 100 kilograms for each of the basic                    the European Economic Community and the United
products in question must be fixed for each month ;                  States of America on Community exports of pasta
                                                                      products to the United States and has been approved by
                                                                      Council Decision 87/482/EEC (13), it is necessary to diffe­
Whereas, in accordance with paragraph 2 of that Article,             rentiate the refund on goods falling within CN codes
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 139, 22. 5. 1992, p. 47.
0   OJ   No L  180, 1 . 7. 1992, p. 1 .                              0 OJ No L 62, 7. 3. 1980, p. 5.
0   OJ   No L  166, 25. 6. 1976, p. 1 .                              (10) OJ No L 199, 22. 7. 1983, p. 12.
 4) OJ   No L  73, 19 . 3. 1992, p. 7.                               (u) OJ No L 351 , 14. 12. 1987, p. 1 .
0   OJ   No L  323, 29. 11 . 1980, p. 27.                            (,2) OJ No L 160, 13. 6. 1992, p. 7.
 6  OJ   No L  327, 27. 11 . 1990, p. 4.                             H OJ No L 275, 29 . 9. 1987, p. 36.
 ---pagebreak--- No L 132/ 52                          Official Journal of the European Communities                                  29 . 5 . 93
1902 11 00 and 1902 19 according to their destination ;         The proof referred to in the first subparagraph is provided
                                                                by the presentation by the exporter of a declaration from
                                                                the processor of the basic product in question attesting
Whereas, for the application of Article 4 (2) (b) of Regula­    that the latter product has not benefited form a produc­
tion (EEC) No 3035/80, it is necessary to differentiate the     tion refund as provided for in Regulation (EEC)
refunds ;                                                       No 1009/86, and that no application for such refund will
                                                                be made .
Whereas Council Regulation (EEC) No 990/93 (') prohi­
bits trade between the European Economic Community
and the Federal Republic of Yugoslavia (Serbia and              3. When the proof referred to in paragraph 2 is not
Montenegro) ; whereas this prohibition does not apply in        provided, the export refund :
certain situations as comprehensively listed in Articles 2,
4, 5 and 7 thereof ; whereas account should be taken of         (a) applicable on the date of acceptance of the export
this fact when fixing the refunds ;                                   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 ;
Whereas in particular the export refund for unprocessed
starches falling within CN code 1108 is granted only if         (b) of which the rate is fixed in advance,
the dry matter content is at least 77 % in the case of
potato starch and at least 84 % in the case of cereal star­     will be reduced by the amount of the production refund
ches ;                                                          applicable pursuant to Regulation (EEC) No 1009/86 to
                                                                the basic product in question on the day of acceptance of
                                                                the export declaration for the goods, or on the day speci­
Whereas with regard to potatoes, only potato starches are       fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
subject to common organization of the market, conse­            the goods have been placed under the export refund
quently steps should be taken to specify the terms that         advance payment arrangements.
these potato starches should meet in order to qualify for
refunds ;
Whereas the Management Committee for Cereals has not                                        Article 2
delivered an opinion within the time limit set by its
chairman,
                                                                 1 . The refund for starches and potato starch falling
                                                                within CN code 1108 or products falling within Annex A
                                                                to Regulation (EEC) No 2727/75 resulting from the
                                                                 processing of these starches and potato starch is granted
HAS ADOPTED THIS REGULATION :                                   only on production of a declaration from the suppliers of       v
                                                                 those products attesting that they have been directly
                                                                produced from cereals, potatoes or rice excluding all use
                                                                of subproducts obtained in the production of other agri­
                           Article 1                             cultural products or goods.
1 . Without prejudice to paragraphs 2 and 3 the rates of        The above declaration can be considered valid, until revo­
the refunds applicable to the basic products appearing in       cation, for all supplies from the same producer ; it shall
Annex A to Regulation (EEC) No 3035/80 and listed               be verified in accordance with the provisions of Article 8
either in Article 1 of Regulation (EEC) No 2727/75 or in        ( 1 ) and the first indent of paragraph 2 of Regulation (EEC)
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in       No 3035/80 .
the form of goods listed in Annex B to Regulation (EEC)
No 2727/75 or in Annex B to Regulation (EEC) No
1418/76 respectively, are hereby fixed as shown in the           2. Where the dry-extract content of potato starch assi­
Annex to this Regulation.                                        milated to maize starch pursuant to Article 1 (2) (a) of
                                                                 Regulation (EEC) No 3035/80 is 80 % or higher, the rate
                                                                 of the export refund shall be as laid down in the Annex ;
2. For the products listed in the Annex to Regulation           where the dry-extract content is less than 80 % the rate of
(EEC) No 1009/86, the refunds given in the Annex to this         the refund shall be the amount laid down in the Annex
Regulation shall be applied on presentation, at the accep­       multiplied by l /80th of the actual dry-extract percentage.
tance of the export declaration and the request for obtai­
ning the export refund, of proof that the basic products
used in the manufacture of the products to be exported           For all other starches with a dry-extract content of 87 %
have not benefited from the production refund provided           or more, the rate of the export refund shall be as laid
for in that Regulation, and that such refund will not be         down in the Annex ; where the dry-extract content is less
applied for.                                                     then 87 % the amount of the refund shall be the rate laid
                                                                 down in the Annex multiplied by l /87th of the actual
(») OJ No L 102, 28 . 4. 1993, p. 14.                            dry-extract percentage.
 ---pagebreak---  29 . 5. 93                           Official Journal of the European Communities                           No L 132/53
 3. For the purposes of paragraph 1 above, the                  content of the starches concerned, unless this information
 dryextract content of starches shall be determined using       has been recorded by the competent authorities referred
the method applied to flour in Annex II to Commission           to in Article 3 (2) of Regulation (EEC) No 3035/80, in
 Regulation (EEC) No 1908/84 ('), as last amended by            accordance with the provisions of that paragraph.
 Regulation (EEC) No 2507/87 (2).
                                                                                         Article 3
4. At the time of application for the export refund for
 the goods . the applicant must declare the dry-extract         This Regulation shall enter into force on 1 June 1993.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 28 May 1993 .
                                                                         For the Commission
                                                                        Martin BANGEMANN
                                                                     Member of the Commission
(') OJ No L 178, 5. 7. 1984, p. 22.
(2) OJ No L 235, 20. 8. 1987, p. 10.
 ---pagebreak--- No L 132/54                         Official Journal of the European Communities                                     29 . 5 . 93
                                                            ANNEX
          to the Commission Regulation of 28 May 1993 fixing the 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 1 00 kg of basic
                                                                                                    product (2)
            1001 10 00       Durum wheat :
                             — used unprocessed :
                             — — on exports of goods falling within CN codes 1902 11 and
                                   1902 19 to the United States of America                              7,664
                             — — in all other cases                                                    13,934
                             — used in the form of :
                             — -r- pellets of CN code 1103, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                       4,502
                             — — hulled grains of CN code 1 104 and starch of CN code 1 108             6,754
                             — — germ of CN code 1 1 04                                                 2,626
                             — — gluten of CN code 1109                                                  —
                             — — other (except flours of CN code 1101 and groats and meal of
                                   CN code 1103)                                                        7,504
              1001 90 99     Comrrion wheat and meslin :
                             — used unprocessed :
                             — — on exports of goods falling within CN code 1902 11 and
                                   1902 19 to the United States of America                              4,127
                             — — in all other cases                                                     7,504
                             — used in the form of :
                             — — pellets of CN code 1103, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                       4,502
                             — — hulled grains of CN code 1 104 and starch of CN code 1 108             6,754
                             — — germ of CN code 1104                                                   2,626
                             — — gluten of CN code 1109                                                  —
                             — — other (except flours of CN code 1 101 , and groats and meal of
                                   CN code 1103                                                         7,504
              1002 00 00     Rye :
                             — used unprocessed                                                         9,842
                             — used in the form of :
                             — — pellets of CN code 1103, or pearled grains of CN code 1104             5,905
                             — — rolled or flaked grains and hulled grains of CN code 1104              8,858
                             — — germ of CN code 1104                                                   3,157
                             — — starch of CN code 1 1 08 1 9 90                                        9,020
                             — — gluten of CN code 2303 1 0 90                                           —
                             — — other (except flours of CN code 1102)                                  9,842
              1003 00 80     Barley :
                             — used unprocessed                                                         8,507
                             — used in the form of :
                             — — flours of CN code 1 1 02, groats and meal of CN code 1 1 03,
                                   or rolled, flaked or pearled grains of CN code 1104                  5,955
                             — — pellets of CN code 1103                                                5,104
                             — — germs of CN code 1104                                                  3,157
                             — — starch of CN code 1108 19 90                                           9,020
                             — — gluten of CN code 2303 10 90                                            —
                                   other                                                                8,507
 ---pagebreak--- 29 . 5 . 93                                Official Journal of the European Communities                                              No L 132/55
                                                                                                                   Rate of refund
                    CN code                                Description of products (')                           per 100 kg of basic
                                                                                                                     product (2)
                  1004 00 00       Oats :
                                   — used unprocessed                                                                  10,018
                                   — used in the form of :
                                   — — pellets of CN code 1103, and pearled grains of CN code
                                          1104                                                                          6,011
                                   — — rolled or flaked grains and hulled grains of CN code 1 104                       9,016
                                   — — germs of CN code 1104                                                            3,157
                                    — — starch of CN code 1108 19 90                                                    9,020
                                   — — gluten of CN code 2303 10 90                                                      —
                                    — — other                                                                          10,018
                  1005 90 00       Maize (Corn):
                                    — used unprocessed                                                                  9,020
                                    — used in the form of :
                                    — — flours of CN codes 1102 20 10 and 1102 20 90                                    6,314
                                    — — groats and meal of CN code 1003 and rolled or flaked grains
                                          of CN code 1104            v                                                  7,216
                                    — — pellets of CN code 1103                                                         5,412
                                    — — hulled or perled grains of CN code 1104                                         8,118
                                    — — germs of CN code 1104                                                           3,157
                                    — — starch of CN code 1108 12 00                                                    9,020
                                    — — gluten of CN code 2303 10 11                                                    3,608
                                          other                                                                         9,020 (3)
                  1006 20          Round grain husked rice *                                                           25,872
                                   Medium grains husked rice                                                           27,527
                                   Long grain husked rice                                                              27,527
            ex 1006 30             Round grain wholly-milled rice                                                      33,581
                                   Medium grain wholly-milled rice                                                     37,000
                                   Long grain wholly-milled rice                                                       37,000
                  1006 40 00       Broken rice :
                                    — used unprocessed                                                                 12,167
                                    — used in the form of :
                                          flour of CN code 1102 30, groats and meal or pellets of CN
                                          code 1103                                                                    12,167
                                    — — flaked grains of CN 11041991                                                    7,300
                                    — — starch of CN code 1108 19 10                                                   12,167
                                    — — other                                                                            —
                  1 007 00 90      Sorghum                                                                              6,239
                  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                                          4,853
                                    — in all other cases                                                                8,824
                  1102 1000        Rye flour                                                                           19,686
                  1103 11 30       Durum wheat groats :
                  1 1 03 1 1 50    Durum wheat meal :
                                    — on exports of goods falling within CN codes 1902 11 and
                                       1902 19 to the United States of America                                         11,878
                                    — in all other cases                                                               21,597
                  1103 11 90       Common wheat groats and spelt :
                                    — on exports of goods falling within CN codes 1 902 1 1 and
                                       1902 19 to the United States of America                                          4,853
                                    — in all other cases                                                                8,824
            (') 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.
            (2) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where the condi­
                tions laid down in Regulation (EEC) No 990/93 are observed.
            (3) For syrups of CN codes 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the
                export refund may be granted only for the glucose syrup.