CELEX: 31994R0958
Language: en
Date: 1994-04-29 00:00:00
Title: Commission Regulation (EC) No 958/94 of 28 April 1994 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. 94                                 Official Journal of the European Communities                              No L 108/ 19
                                        COMMISSION REGULATION (EC) No 958/94
                                                          of 28 April 1994
                   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 :
Community,
Having regard to Council Regulation (EEC) No 1766/92                 (b) the level of the refunds on exports of processed agn­
of 30 June 1992 on the common organization of the                           cultural products covered by Annex II to the Treaty
market in cereals ('), as amended by Regulation (EEC)                       which are manufactured under similar conditions :
No 2193/93 (*), and in particular the third subparagraph
of Article 13 thereof,
                                                                      (c) the need to ensure equality of competition for the
Having regard to Council Regulation (EEC) No 1418/76                         industries which use Community products and those
of 21 June 1976 on the common organization of the                            which use third-country products under inward
market in rice (3), as last amended by Regulation (EEC)                      processing arrangements ;
No 1544/93 (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 Commission Regulation
Whereas Article 13 (1 ) of Regulation (EEC) No 1766/92                (EEC) No 1722/93 of 30 June 1993 laying down detailed
 and Article 17 (1 ) of Regulation (EEC) No 1418/76                    rules for the arrangements concerning production refunds
 provide that the difference between quotations of prices              in the cereals and rice sectors Q, the export refund should
 on the world market for the products listed in Article 1 of           be reduced by the amount of the production refund appli­
 each of those Regulations and the prices within the                   cable on the day of acceptance of the export declaration ;
 Community may be covered by an export refund ;                        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 (8), as amended by
 refunds (*), as last amended by Regulation (EC)                       Regulation (EEC) No 2026/83 (*), and Commission Regu­
 No 776/94 (<% 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 (10), as
 Annex B to Regulation (EEC) No 1766/92 or in Annex B                  last amended by Regulation (EEC) No 2805/93 (n ), 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
 the refund per 100 kilograms for each of the basic                    Whereas, now that a settlement has been reached between
 products in question must be fixed for each month ;                    the European Community and the United States of
                                                                       America on Community exports of pasta products to the
                                                                        United States and has been approved by Council Decision
 Whereas, in accordance with paragraph 2 of that Article,               87/482/EEC (12), it is necessary to differentiate the refund
 that rate must be determined with particular reference to :            on goods falling within CN codes 190211 00 and
 (') OJ  No  L  181 , 1 . 7. 1992, p. 21 .                              0 OJ No L 159, 1 . 7. 1993, p. 112.
 0   OJ  No  L  196,  5. 8. 1993, p. 22.                                (■) OJ No L 62, 7. 3. 1980, p. 5.
 0   OJ  No  L  166,  25. 6. 1976, p. 1 .                               0 OJ No L 199, 22. 7. 1983, p. 12.
 0   OJ  No  L  154,  25. 6. 1993, p. 5.                                (,0) OJ No L 351 , 14. 12. 1987, p. 1 .
 0   OJ No L 323, 29. 11 . 1980, p. 27.                                 (") OJ No L 256, 14. 10. 1993, p. 7.
  ft OJ No L 91 , 8. 4. 1994, p. 6.                                     H OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 108/20                            Official Journal of the European Communities                                   29 . 4. 94
1902 19 according to their destination ;                         Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in
                                                                 the form of goods listed in Annex B to Regulation (EEC)
Whereas, for the application of Article 4 (2) (b) of Regula­     No 1766/92 or in Annex B to Regulation (EEC) No
tion (EEC) No 3035/80, it is necessary to differentiate the      1418/76 respectively, are hereby fixed as shown in the
refunds ;                                                        Annex to this Regulation.
Whereas Council Regulation (EEC) No 990/93 (') prohi­            2. For the products listed in the Annex 1 to Regulation
bits trade between the European Community and the                (EEC) No 1722/93 the refunds given in the Annex to this
Federal Republic of Yugoslavia (Serbia and Montenegro) ;         Regulation shall be applied on presentation, at the accep­
whereas this prohibition does not apply in certain situa­        tance of the export declaration and the request for obtai­
tions as comprehensively listed in Articles 2, 4, 5 and 7         ning the export refund, of proof that the basic products
thereof ; whereas account should be taken of this fact            used in the manufacture of the products to be exported
when fixing the refunds ;                                         have not benefited from the production refund provided
                                                                  for in that Regulation, and that such refund will not be
Whereas in particular the export refund for unprocessed           applied for.
starches falling within CN code 1108 is granted only if
the dry matter content is at least 77 % in the case of
potato starch and at least 84 % in the case of cereal star­       The proof referred to in the first subparagraph is provided
ches ;                                                            by the presentation by the exporter of a declaration from
                                                                  the processor of the basic product in question attesting
                                                                  that the latter product has not benefited form a produc­
Whereas with regard to potatoes, only potato starches are         tion refund as provided for in Regulation (EEC)
subject to common organization of the market, conse­              No 1722/93, and that no application for such refund will
quently steps should be taken to specify the terms that           be made.
 these potato starches should meet in order to qualify for
refunds ;
                                                                  3. When the proof referred to in paragraph 2 is not
Whereas, in respect of glucose syrup and maltodextrine            provided, the export refund :
 syrup, the dry extract content for which the rate of refund
 is set should be specified ;                                     (a) applicable on the date of acceptance of the export
                                                                         declaration for the goods, or on the day specified in
 Whereas the refunds fixed for March 1994 have been
                                                                         Article 26 (2) of Regulation (EEC) No 3665/87, where
                                                                         the rate is not fixed in advance ;
 continued in April without change ; whereas according to
 Article 13 (4) of Regulation (EEC) No 1766/92 and                 (b) of which the rate is fixed in advance,
 Article 17 (4) of Regulation (EEC) No 1418/76 operators
 who have fixed in advance the rate of refund have a right        will be reduced by the amount of the production refund
 to the adaptation of that rate according to the threshold         applicable pursuant to Regulation (EEC) No 1722/93 to
 price in force in the month of export ; that such adapta­         the basic product in question on the day of acceptance of
 tion is not provided for traders who export without having        the export declaration for the goods, or on the day speci­
 fixed the rate in advance ; whereas to ensure equal condi­        fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
 tions for all operators who export in April 1994 it is            the goods have been placed under the export refund
 necessary to apply the monthly increase to the rates              advance payment arrangements.
 applied in April 1994 ;
 Whereas the Management Committee for Cereals has not
 delivered an opinion within the time limit set by its                                         Article 2
 chairman,
                                                                    1 . The refund for starches and potato starch falling
                                                                   within CN code 1108 or products falling within Annex A
                                                                   to Regulation (EEC) No 1766/92 resulting from the
  HAS ADOPTED THIS REGULATION :                                    processing of these starches and potato starch is granted
                                                                   only on production of a declaration from the suppliers of
                                                                   those products attesting that they have been directly
                                                                   produced from cereals, potatoes or rice excluding all use
                           Article 1                               of subproducts obtained in the production of other agri­
                                                                   cultural products or goods.
  1.    Without prejudice to paragraphs 2 and 3 the rates of
  the refunds applicable to the basic products appearing in        The above declaration can be considered valid, until revo­
 Annex A to Regulation (EEC) No 3035/80 and listed                  cation, for all supplies from the same producer ; it shall
  either in Article 1 of Regulation (EEC) No 1766/92 or in          be verified in accordance with the provisions of Article 8
                                                                    (1 ) and the first indent of paragraph 2 of Regulation (EEC)
  (*) OJ No L 102, 28. 4. 1993, p. 14.                              No 3035/80.
 ---pagebreak--- 29. 4. 94                             Official Journal of the European Communities                            No L 108/21
2. Where the dry-extract content of potato starch assi­         1702 30 99, 1702 40 90, 1702 90 50 or 2106 90 55 is
milated to maize starch pursuant to Article 1 (2) (a) of        greater than or equal to 78 %, the rate of refund shall be
Regulation (EEC) No 3035/80 is 80 % or higher, the rate         that set in accordance with the Annex ; if the dry extract
of the export refund shall be as laid down in the Annex ;       content of the said syrups is less than 78 %, the rate
where the dry-extract content is less than 80 % the rate of     applied shall be equal to the rate of refund set in accor­
the refund shall be the amount laid down in the Annex           dance with the Annex multiplied by the actual percentage
multiplied by l /80th of the actual dry-extract percentage.     of dry extract and divided by 78 .
For all other starches with a dry-extract content of 87 %
or more, the rate of the export refund shall be as laid         2. For the purposes of the preceding paragraph, the dry
down in the Annex ; where the dry-extract content is less        matter content of glucose syrup or maltodextrine syrup
then 87 % the amount of the refund shall be the rate laid        shall be determined in accordance with Method 2
                                                                 described in Annex II to Council Directive 79/796/EEC
down in the Annex multiplied by l /87th of the actual
dry-extract percentage.                                          (3), or in accordance with any other appropriate method of
                                                                 analysis which offer at least the same guarantees.
3. For the purposes of paragraph 1 above, the
dryextract content of starches shall be determined using         3 . When applying for the export refund, the applicant
the method applied to flour in Annex II to Commission            must state the dry extract content of the glucose syrup
Regulation (EEC) No 1908/84 ('), as last amended by              and maltodextrine syrup used, unless this information has
Regulation (EEC) No 2507/87 (2).                                 been recorded by the competent body referred to in
4. At the time of application for the export refund for          Article 3 (2) of Regulation (EEC) No 3035/80, as provided
the goods the applicant must declare the dry-extract             for in that paragraph.
content of the starches concerned, unless this information
has been recorded by the competent authorities referred
to in Article 3 (2) of Regulation (EEC) No 3035/80, in                                     Article 4
accordance with the provisions of that paragraph.
                         Article 3
                                                                 This Regulation shall enter into force on 29 April 1994.
 1 . If the dry extract content of glucose syrup or malto­       At the request of the interested party, it shall apply with
dextrine syrup falling within CN code 1702 30 59,                effect from 1 April 1994.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 28 April 1994.
                                                                             For the Commission
                                                                            Martin BANGEMANN
                                                                                Vice-President
 (') OJ No L 178, 5. 7. 1984, p. 22.
 0 OJ No L.235, 20. 8. 1987, p. 10.                               (3) OJ No L 239, 22. 9. 1979, p. 24.
 ---pagebreak--- No L 108/22                         Official Journal of the European Communities                                  29. 4. 94
                                                            ANNEX
          to the Commission Regulation of 28 April 1994 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 100 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                            —
                            — — in all other cases                                                    —
                            — used in the form of :
                                  pellets of CN code 1103, or grains otherwise worked (other
                                  than hulled, kibbled, or germ) of CN code 1104                      —
                            — — hulled grains of CN code 1104 and starch of CN code 1108              —
                            — — germ of CN code 1104                                                  —
                            — — gluten of CN code 1109                                                —
                            — — other (except flours of CN code 1101 and groats and meal of
                                  CN code 1103)                                                       —
             1001 90 99     Common wheat and meslin :
                            — used unprocessed :
                            — — on exports of goods falling within CN code 190211 and
                                  1902 19 to the United States of America                            2,166
                            — — in all other cases                                                   3,610
                            — used in the form of :
                            — — pellets of CN code 1103, or grains otherwise worked (other
                                  than hulled, kibbled, or germ) of CN code 1104                    2,166
                            — — hulled grains of CN code 1104 and starch of CN code 1108            3,249
                                  germ of CN code 1104                                               1,263
                            — — gluten of CN code 1109                                                —
                            — — other (except flours of CN code 1101 , and groats and meal of
                                  CN code 1103                                                      3,610
             1002 00 00     Rye :
                            — used unprocessed                                                      3,610
                            — used in the form of :
                            — — pellets of CN code 1103, or pearled grains of CN code 1104          2,166
                            — — rolled or flaked grains and hulled grains of CN code 1104           3,249
                                  germ of CN code 1104                                               1,295
                            — — starch of CN code 1108 19 90                                        3,700
                            — — gluten of CN code 2303 10 90                                         —
                            — — other (except flours of CN code 1102)                               3,610
             1003 00 90     Barley :
                            — used unprocessed                                                      6,966
                            — 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 1104               4,876
                            — — pellets of CN code 1103                                             4,179
                                  germs of CN code 1104                                             1,295
                            — — starch of CN code 1108 19 90                                        3,700
                            — — gluten of CN code 2303 10 90                                         —
                                  other                                                             6 «66
 ---pagebreak--- 29. 4. 94                                Official Journal of the European Communities                                               No L 108/23
                                                                                                                  Rate of refund
                 CN code                                  Description of products (')                           per 100 kg of basic
                                                                                                                    product (2)
                1004 00 00       Oats :
                                  — used unprocessed                                                                   6,583
                                  -i used in the form of :
                                  — — pellets of CN code 1103, and pearled grains of CN code
                                        1104 .                                                                         3,950
                                  —  —  rolled or flaked grains and hulled grains of CN code 1104                      5,924
                                  —  —  germs of CN code 1104                                                          1,295
                                  —  —  starch of CN code 1108 19 90                                                   3,700
                                  —  —  gluten of CN code 2303 10 90                                                    —
                                  —  —  other                                                                          6,583
                1005 90 00        Maize (Corn) :
                                  — used unprocessed                                                                   3,700
                                  — used in the form of :
                                        flours of CN codes 1102 20 10 and 1102 20 90                                   2,590
                                  — — groats and meal of CN code 1003 and rolled or flaked grains
                                        of CN code 1104                                                                2,960
                                  — — pellets of CN code 1103                                                          2,220
                                        hulled or perled grains of CN code 1104                                        3,330
                                  — — germs of CN code 1104                                                            1,295
                                  — — starch of CN code 1108 12 00                                                     3,700
                                        gluten of CN code 2303 10 11                                                   1,480
                                        other (3)                                                                      3,700
                1006 20           Round grain husked rice                                                             19,962
                                 Medium grains husked rice                                                            17,772
                                  Long grain husked rice                                                              17,772
           ex 1006 30             Round grain wholly-milled rice                                                     25,757
                                 Medium grain wholly-milled rice                                                     25,757
                                  Long grain wholly-milled rice                                                      25,757
                1006 40 00        Broken rice :
                                  — used unprocessed                                                                   5,657
                                  — used in the form of :
                                  — — flour of CN code 1102 30, groats and meal or pellets of CN
                                        code 1103                                                                      5,657
                                  — — flaked grains of CN 1104 19 91                                                   3,394
                                        starch of CN code 1108 19 10                                                   5,657
                                  — — other                                                                             —
                1007 00 90       Sorghum                                                                               6,583
                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                                           2,664
                                  — in all other cases                                                                 4,440
                1102 1000        Rye flour                                                                             4,945
                1103 11 10       Groats and durum wheat meal :
                                  — on exports of goods falling within CN codes 1 902 1 1 and
                                     1902 19 to the United States of America                                            —
                                  — in all other cases                                                                  —
                1103 11 90       Common wheat groats and spelt :
                                  — on exports of goods falling within CN codes 1902 11 and
                                     1902 19 to the United States of America                                           2,664
                                  — in all other cases                                                                 4,440
          (') The quantities of semi-processed products used must be multiplied, as the case may be, by the coefficients shown in
              Annex I to Commission Regulation (EEC) No 1620/93 (OJ No L 155, 26. 6. 1993, p. 29).
          (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.