CELEX: 31988R3400
Language: en
Date: 1988-11-01 00:00:00
Title: Commission Regulation (EEC) No 3400/88 of 31 October 1988 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 . 11 . 88                                Official Journal of the European Communities                             No L 299/49
                                            COMMISSION REGULATION (EEC) No 3400/88
                                                            of 31 October 1988
                        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 2221 /88 (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 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 0, 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
  (2)  OJ   No  L 197,   26. 7.   1988, p. 16.
  (3)  OJ   No  L 166,   25. 6.   1976, p. 1.
  0    OJ   No  L 197,   26. 7.   1988, p. 30.                            0 OJ No L 281 , 1 . 11 . 1975,- p. 57.
  (j OJ No L 323, 29. 11 . 1980, p. 27.                                   (8) OJ No L 94, 9. 4. 1986, p. 6.
  (j OJ No L 286, 20. 10. 1988, p. 6.                                     0 OJ No L 62, 7. 3. 1980, p. 5.
 ---pagebreak--- No L 299/ 50                             Official Journal of the European Communities                                1 . 11 . 88
tion (EEC) No 2026/83 ('), and Commission Regulation               Regulation shall be applied on presentation, at the accept­
(EEC) No 3665/87 of 27 November 1987 laying down                   ance of the export declaration and the request for obtain­
common detailed rules for the application of the system            ing the export refund, of proof that the basic products
of export refunds on agricultural products (2) lay down            used in the manufacture of the products to be exported
rules on the advance payment of export refunds that must           have not benefited from the production refund provided
be adhered to when these are adjusted ;                            for in that Regulation, and that such refund will not be
                                                                   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
products to the United States and has been approved by             the processor of the basic product in question attesting
Council Decision 87/482/EEC (3), it is necessary to differ­        that the latter product has not benefited from a produc­
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
according to their destination ;                                   made .
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.                                                                   Article 2
 2.    For the products listed in the Annex to Regulation           This Regulation shall enter into force on 1 November
 (EEC) No 1009/86, the refunds given in the Annex to this            1988 .
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels, 31 October 1988 .
                                                                              For the Commission
                                                                                  COCKFIELD
                                                                                  Vice-President
                                                                                                                                 /
  (') OJ No L 199, 22. 7. 1983, p. 12.
   2) OJ No L 351 , 14. 12. 1987, p. 1 .
  V) OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- 1 . 11 . 88                      Official Journal of the European Communities                               No L 299/51
                                                           ANNEX
            to the Commission Regulation of 31 October 1988 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)
                  CN code                                                                            Rate
                                                             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       11,032
                                 — In all other cases                                              11,145
                 1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                 — For the manufacture of starch                                     6,066
                                 — Other than for the manufacture of starch :
                                     — On exports of goods falling within CN codes
                                          1 902 1 1 00 and 1 902 19 to the United States of
                                          America                                                   6,698
                                     — In all other cases                                           6,766
                 1002 00 00       Rye                                                                5,335
                 1003 00 90       Barley                                                            6,169
                 1004 00 90      Oats                                                                1,666
                                      9
                 1005 90 00      Maize, other than hybrid maize for sowing :
                                 — For the manufacture of starch                                    6,668
                                 — Other than for the manufacture of starch                         7,168
                  1006 20        Round grain husked rice                                           36,331
                                 Medium grain husked rice                                          34,825
                                  Long grain husked rice                                           34,825
                  1006 30        Round grain wholly milled rice                                    46,879
                                 Medium grain wholly milled rice                                   50,471
                                  Long grain wholly milled rice                                    50,471
                 1006 40 00       Broken rice :
                                 — For the manufacture of starch                                   10,230
                                 — Other than for the manufacture of starch                        10,830
                 1007 00 90      Sorghum                                                            5,912
                 1101 00 00      Wheat or meslin flour :
                                 — On exports of goods falling within CN codes
                                      1 902 1 1 00 and 1 902 1 9 to the United States of America    7,989
                                 — In all other cases                                               8,070
                 1102 10 00      Rye flour                                                         14,974
                 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      17,099
                                 — In all other cases                                              17,272
                 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        7,989
                                 — In all other cases                                               8,070