CELEX: 31991R2875
Language: en
Date: 1991-10-01 00:00:00
Title: Commission Regulation (EEC) No 2875/91 of 30 September 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

No L 274/30                                Official Journal of the European Communities                                 1 . 10. 91
                                         COMMISSION REGULATION (EEC) No 2875/91
                                                        of 30 September 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 f), 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 (5), 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 1615/90 (I2), 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,               190211 00 and 190219 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 .                              (,0) 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 .
0   OJ No   L  323,  29. 11 . 1980, p. 27.                            (12) OJ No L 152, 16.   6. 1990, p. 33.
0   OJ No   L  327,  27. 11 . 1990, p. 4.                             (,3) OJ No L 275, 29.  9. 1987, p. 36.
 ---pagebreak---  1 . 10 . 91                         Official Journal of the European Communities                             No L 274/31
Whereas, for the application of Article 4 (2) (b) of Regula­     for in that Regulation, and that such refund will not be
tion ((EEC) No 3035/80, it is necessary to differentiate the     applied for.
refunds ;
                                                                 The proof referred to in the first subparagraph is provided
Whereas the measures provided for in this Regulation are         by the presentation by the exporter of a declaration from
in accordance with the opinion of the Management                 the processor of the basic product in question attesting
Committee for Cereals,                                           that the latter product has not benefited from a produc­
                                                                 tion refund as provided for in Regulation (EEC) No
                                                                  1009/86, and that no application for such refund will be
HAS ADOPTED THIS REGULATION :                                    made.
                                                                 3 . When the proof referred to in paragraph 2 is not
                           Article 1
                                                                 provided, the export refund :
1 . Without prejudice to paragraphs 2 and 3 the rates of         (a) applicable on the date of acceptance of the export
the refunds applicable to the basic products appearing in            declaration for the goods, or on the day specified in
Annex A to Regulation (EEC) No 3035/80 and listed                    Article 26 (2) of Regulation (EEC) No 3665/87, where
either in Article 1 of Regulation (EEC) No 2727/75 or in             the rate is not fixed in advance ;
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in       (b) of which the rate is fixed in advance,
the form of goods listed in Annex B to Regulation (EEC)
No 2727/75 or in Annex B to Regulation (EEC) No                  will be reduced by the amount of the production refund
1418/76 respectively, are hereby fixed as shown in the           applicable pursuant to Regulation (EEC) No 1009/86 to
Annex to this Regulation.                                        the basic product in question on the day of acceptance of
                                                                 the export declaration for the goods, or on the day speci­
2. For the products listed in the Annex to Regulation            fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
(EEC) No 1009/86, the refunds given in the Annex to this         the goods have been placed under the export refund
Regulation shall be applied on presentation, at the accept­      advance payment arrangements.
ance of the export declaration and the request for obtain­
ing the export refund, of proof that the basic products                                    Article 2
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 October 1991 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 30 September 1991 .
                                                                           For the Commission
                                                                            Karel VAN MIERT
                                                                      Member of the Commission
                                                                                                      /
 ---pagebreak--- No L 274/32                       Official Journal of the European Communities                                    1 . 10 . 91
                                                          ANNEX
          Rates of 30 September 1991 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 100 kg of basic
                                                                                                   product
            1001 10 90     Durum wheat :
                            — used unprocessed :
                            — — on exports of goods falling within CN codes 1902 11 and
                                 1902 19 to the United States of America                             6,587
                            — — in all other cases                                                  11,977
                            — used in the form of :
                            — — pellets of CN code 1103, or grains otherwise worked (other
                                 than hulled, kibbled, or germ) of CN code 1104                      7,186
                            — — hulled grains of CN code 1 1 04 and starch of CN code 1 1 08        10,779
                            — — germ of CN code 1104                                                 4,192
                            — — gluten of CN code 1109
                            — — other (except flours of CN code 1101 and groats and meal of
                                 CN code 1103)                                                      11,977
              1001 90 99   Common wheat and meslin :
                            — used unprocessed :
                            — — on exports of goods falling within CN code 1902 11 and
                                 1902 19 to the United States of America                             5,099
                            — — in all other cases                                                   9,271
                            — used in the form of :
                            — — pellets of CN code 1103, or grains otherwise worked (other
                                 than hulled, kibbled, or germ) of CN code 1104                      5,563
                            — — hulled grains of CN code 1 1 04 and starch of CN code 1108           8,344
                            — — germ of CN code 1104                                                 3,245
                            — — gluten of CN code 1109
                            — — other (except flours of CN code 1101 , and groats and meal of
                                 CN code 1103                                                        9,271
              1002 00 00   Rye :
                            — used unprocessed                                                       9,718
                            — used in the form of :
                            — — pellets of CN code 1103, or pearled grains of CN code 1104           5,831
                            — — rolled or flaked grains and hulled grains of CN code 1 104           8,746
                            — — germ of CN code 1104                                                 2,608
                            — — starch                                                               7,452
                            — — gluten
                            — — other (except flours of CN code 1 1 02)                              9,718
              1003 00 90   Barley :
                            — used unprocessed                                                       9,148
                            — used in the form of :
                            — — flours of CN code 1102, groats and meal of CN code 1103,
                                 or rolled, flaked or pearled grains of CN code 1 1 04               6,403
                            — — pellets of CN code 1103                                              5,489
                            — — germs of CN code 1104                                                2,608
                            — — starch                                                               7,452
                            — — gluten
                            — — other                                                                9,148
 ---pagebreak--- 1 . 10 . 91                                 Official Journal of the European Communities                                           No L 274/33
                                                                                                                 Rate of refund
                  CN code                                  Description of products (')                         per 100 kg of basic
                                                                                                                     product
                 1004 00 90        Oats :
                                    — used unprocessed                                                                7,990
                                    — used in the form of :
                                    — — pellets of CN code 1103, and pearled grains of CN code
                                           1104                                                                       4,794
                                    — — rolled or flaked grains and hulled grains of CN code 1 104                    7,191
                                    — — germs of CN code 1104                                                         2,608
                                    — — starch                                                                        7,452
                                    — — gluten
                                    — — other                                                                         7,990
                 1005 90 00        Maize (Corn) :
                                    — used unprocessed                                                                7,452
                                    — used in the form of :
                                    — — flours of CN codes 1102 20 10 and 1102 20 90                                  5,216
                                    — — groats and meal of CN code 1003 and rolled or flaked grains
                                           of CN code 1104                                                            5,961
                                    — — pellets of CN code 1103                                                       4,471
                                    — — hulled or perled grains of CN code 1104                                       6,707
                                    — — germs of CN code 1104                                                         2,608
                                    — — starch                                                                        7,452
                                    — — gluten                                                                        2,981
                                    — — other                                                                         7,452
                 1006 20           Round grain husked rice                                                          23,416
                                   Medium grains husked rice                                                         17,786
                                   Long grain husked rice                                                            17,786
            ex 1006 30             Round grain wholly-milled rice                                                   30,254
                                   Medium grain wholly-milled rice                                                  34,185
                                   Long grain wholly-milled rice                                                    34,185
                 1006 40 00        Broken rice :
                                    — used unprocessed                                                               12,580
                                    — used in the form of :
                                    — — flour of CN code 1102, groats and meal or pellets of CN
                                           code 1103                                                                 12,580
                                    — . — flaked grains of CN 1 1 04                                                  7,548
                                    — — starch of CN code 1108 19 10                                                  7,542
                                    — — other
                 1007 00 90        Sorghum                                                                            5,676
                 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                                       6,124
                                    — in all other cases                                                             11,135
                 1102 10 00        Rye flour                                                                        20,423
                 1103 11 10        Durum wheat groats and meal :
                                    — on exports of goods falling within CN codes 1902 11 and
                                        1902 19 to the United States of America                                      10,210
                                   — in all other cases                                                              18,564
                 1103 11 90        Common 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                                       6,124
                                   — in all other cases                                                              11,135
            (') 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.