CELEX: 31991R0260
Language: en
Date: 1991-02-01 00:00:00
Title: Commission Regulation (EEC) No 260/91 of 31 January 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 27/ 86                                 Official Journal of the European Communities                                  1 . 2. 91
                                        COMMISSION REGULATION (EEC) No 260/91
                                                          of 31 January 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
                                                                           cultural products covered by Annex II to the Treaty
Having regard to Council Regulation (EEC) No 2727/75                       which are manufactured under similar conditions ;
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
No 3577/90 (2), and in particular the first sentence of the           (c) the need to ensure equality of competition for the
fourth subparagraph of Article 16 (2) thereof,                             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 1 806/89 (4), and in particular the first sentence of the           Whereas in the absence of evidence that no production
fourth subparagraph of Article 17 (2) thereof,                         refund was granted pursuant to Council Regulation (EEC)
                                                                       No 1009/86 of 25 March 1986 establishing general rules
                                                                       applying to production refunds in the cereals and rice
                                                                       sector Q, as last amended by Regulation (EEC) No
Whereas Article 16 ( 1 ) of Regulation (EEC) No 2727/75                3655/90 (8), the export refund should be reduced by the
and Article 17 ( 1 ) of Regulation (EEC) No 1418/76                    amount of the production refund applicable on the day of
provides that the difference between quotations of prices              acceptance of the export declaration ; whereas this system
on the world market for the products listed in Article 1 of            is the only one wich avoids the risk of fraud ;
each of those Regulations and the prices within the
Community may be covered by an export refund ;
                                                                       Whereas Commission Regulation (EEC) No 28/90 (9)
Whereas Council Regulation (EEC) No 3035/80 of 11                      specifies new criteria for the classification of products
November 1980 laying down general rules for granting                   falling within CN code 3505 10 50 ; whereas it is there­
export refunds on certain agricultural products exported               fore necessary to adopt certain provisions to ensure the
in the form of goods not covered by Annex II to the                    deduction from any export refund payable of the amount
Treaty, and the criteria for fixing the amount of such                 of the production refund in cases where the product in
refunds (*), as last amended by Regulation (EEC) No                    question has previously benefited from a production
3381 /90 (6), specifies the products for which a rate of               refund pursuant to Regulation (EEC) No 1009/86, prior to
refund should be fixed, to be applied where these                      the implementation of the new criteria ;
products are exported in the form of goods listed in
Annex B to Regulation (EEC) No 2727/75 or in Annex B
to Regulation (EEC) No 1418/76 as appropriate ;                        Whereas Council Regulation (EEC) No 565/80 of 4
                                                                       March 1980 on the advance payment of export refunds in
                                                                       respect of agricultural products (10), as amended by Regu­
Whereas, in accordance with the first subparagraph of                  lation (EEC) No 2026/83 (n), and Commission Regulation
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of             (EEC) No 3665/87 of 27 November 1987 laying down
the refund per 100 kilograms for each of the basic                     common detailed rules for the application of the system
products in question must be fixed for each month ;                    of export refunds on agricultural products (12), as last
                                                                       amended by Regulation (EEC) No 1615/90 (13), lay down
                                                                       rules on the advance payment of export refunds that must
Whereas, in accordance with paragraph 2 of that Article,               be adhered to when these are adjusted ;
that rate must be determined with particular reference to :
                                                                       O OJ No L 94, 9. 4. 1986, p. 6.
0   OJ No   L  281 , 1 . 11 . 1975, p. 1 .                             (8) OJ No L 362, 27. 12. 1990, p. 33.
0   OJ No   L  353,  17. 12. 1990, p. 23.                              O OJ No L 3, 6. 1 . 1990, p. 9.
(3) OJ No   L  166,  25. 6. 1976, p. 1 .                               H OJ No L 62, 7. 3 . 1980, p. 5.
0   OJ No   L  177,  24. 6 . 1989, p. 1 .                              (u) OJ No L 199, 22. 7. 1983, p. 12.
O   OJ No   L  323,  29 . 11 . 1980, p. 27.                            H OJ No L 351 , 14. 12. 1987, p. 1 .
b) OJ No L 327, 27. 11 . 1990, p. 4.                                   H OJ No L 152, 16. 6. 1990, p. 33 .
 ---pagebreak---  1 . 2 . 91                            Official Journal of the European Communities                             No L 27/87
Whereas, now that a settlement has been reached between           used in the manufacture of the products to be exported
the European Economic Community and the United                    have not benefited from the production refund provided
States of America on Community exports of pasta                   for in that Regulation, and that such refund will not be
products to the United States and has been approved by            applied for.
 Council Decision 87/482/EEC ('), it is necessary to differ­
entiate the refund on goods falling within CN codes               The proof referred to in the first subparagraph is provided
 1902 11 00 and 1902 19 according to their destination ;          by the presentation by the exporter of a declaration from
                                                                  the processor of the basic product in question attesting
Whereas, in order to ensure equitable treatment between           that the latter product has not benefited from a produc­
maize products exported in the form of pellets, rolled or         tion refund as provided for in Regulation (EEC) No
flaked grains falling within CN code 1904 10 and other            1009/86, and that no application for such refund will be
                                                                  made .
maize products, it is necessary to differentiate the refunds
on those goods ;                                                  3 . When the proof referred to in paragraph 2 is not
Whereas the measures provided for in this Regulation are          provided, the export refund :
 in accordance with the opinion of the Management                 (a) applicable on the date of acceptance of the export
 Committee for Cereals,                                               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 ;
 HAS ADOPTED THIS REGULATION :                                    (b) of which the rate is fixed in advance,
                                                                  will be reduced by the amount of the production refund
                            Article 1                             applicable pursuant to Regulation (EEC) No 1009/86 to
                                                                  the basic product in question on the day of acceptance of
 1 . Without prejudice to paragraphs 2 and 3 the rates of         the export declaration for the goods, or on the day speci­
the refunds applicable to the basic products appearing in         fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
Annex A to Regulation (EEC) No 3035/80 and listed                 the goods have been placed under the export refund
either in Article 1 of Regulation (EEC) No 2727/75 or in          advance payment arrangements.
Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in
 the form of goods listed in Annex B to Regulation (EEC)                                    Article 2
 No 2727/75 or in Annex B to Regulation (EEC) No
 1418/76 respectively, are hereby fixed as shown in the           The provisions of Article 1 (2) and (3) of this Regulation
Annex to this Regulation.                                         shall also apply to starches having on acetyl content by
                                                                  weight in the dry product of 0,25 % or more but less than
2. For the products listed in the Annex to Regulation             0,5 %
(EEC) No 1009/86, the refunds given in the Annex to this
Regulation shall be applied on presentation, at the accept­                                 Article 3
ance of the export declaration and the request for obtain­
ing the export refund, of proof that the basic products           This Regulation shall enter into force on 1 February 1991 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                    Done at Brussels, 31 January 1991 .
                                                                            For the Commission
                                                                           Martin BANGEMANN
                                                                               Vice-President
(') OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 27/88                      Official Journal of the European Communities                                1 . 2. 91
                                                       ANNEX
           to the Commission Regulation of 31 January 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
                                                                                               (ECU/100 kg)
                                                                                                   Rate
                 CN code                                  Description                           of refund
                1001 10 90       Durum wheat :
                                 — On exports of goods falling within CN codes 1 902 1 1
                                    and 1902 19 to the United States of America                    9,327
                                 — In all other cases                                            14,350
                1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                 — On exports of goods falling within CN codes 1 902 1 1
                                     and 1902 19 to the United States of America                   7,800
                                 — In all other cases                                             12,000
                1002 00 00       Rye                                                              10,537
                1003 00 90       Barley                                                           10,400
                1004 00 90       Oats                                                              9,763
                1005 90 00       Maize, other than hybrid maize for sowing) :
                                 — Maize in pellets, rolled or flake grains with a fat content
                                     exceeding 1,5 % in the form of goods falling within CN
                                     code 1904 10                                                  7,239
                                 — In all other cases                                             12,775
                1006 20          Round grain husked rice                                         22,832
                                 Medium grain husked rice                                        21,496
                                 Long grain husked rice                                          21,496
            ex 1006 30           Round grain wholly milled rice                                  29,676
                                 Medium grain wholly milled rice                                 35,788
                                 Long grain wholly milled rice                                   35,788
                1006 40 00       Broken rice                                                      16,661
                1007 00 90       Sorghum                                                           6,726
                1101 00 00       Wheat or meslin flour :
                                 — On exports of goods falling within CN codes 1 902 1 1
                                     and 1902 19 to the United States of America                   9,318
                                 — In all other cases                                             14,335
                1102 10 00       Rye flour                                                        21,165
                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                  14,458
                                 — In all other cases                                             22,242
                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                   9,318
                                 — In all other cases                                             14,335