CELEX: 31987R3295
Language: en
Date: 1987-10-31 00:00:00
Title: Commission Regulation (EEC) No 3295/87 of 30 October 1987 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 309 /94                              Official Journal of the European Communities                                 31 . 10. 87
                                     COMMISSION REGULATION (EEC) No 3295/87
                                                        of 30 October 1987
                    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
                                                                           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 1900/87 (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 1907/87 (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 1 1                    by Regulation (EEC) No 3794/85 (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 (9) ;
Treaty, and the criteria for fixing the amount of such
 refunds (*), as last amended by Regulation (EEC) No
 2223/86 (% specifies the products for which a rate of                Whereas account should be taken, for the purposes of
 refund should be fixed, to be applied where these                    Article 4 (3) of Regulation (EEC) No 3035/80, of the
 products are exported in the form of goods listed in                 production refund provided for in Regulation (EEC) No
 Annex B to Regulation (EEC) No 2727/75 or in Annex B                 2742/75 applicable during the month in which exporta­
 to Regulation (EEC) No 1418 /76 as appropriate ;                     tion occurs ; whereas, moreover, in the absence of
                                                                      evidence that no production refund was granted under
                                                                       Regulation (EEC) No 1009/86 the export refund should
 Whereas, in accordance with the first subparagraph of                be further reduced by the amount of the production
 Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of           refund applicable on the day of acceptance of the export
 the refund per 100 kilograms for each of the basic                    declaration ; whereas this system is the only one which
 products in question must be fixed for each month ;                   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
                                                                       respect of agricultural products (10), as last amended by
 (') OJ No L 281 , 1 . 11 . 1975, p. 1 .
 0 OJ No L 182, 3 . 7. 1987, p. 40 .
 (3) OJ No L 166, 25. 6 . 1976, p. 1 .                                 0 OJ    No L 281 , 1 . 11 . 1975, p. 57.
 H OJ No L 182, 3. 7. 1987, p. 51 .                                    (8) OJ  No L 367, 31 . 12. 1985, p. 20.
 (*) OJ No L 323 , 29 . 11 . 1980 , p. 27 .                            (') OJ  No L 94, 9. 4. 1986, p. 6.
 M OJ No L 194, 17. 7. 1986, p. 1 .                                    H OJ     No L 62, 7. 3. 1980, p. 5.
 ---pagebreak--- 31 . 10 . 87                               Official Journal of the European Communities                           No L 309/95
Regulation (EEC) No 2026/83 ('), and Commission Regu­                2. For the products listed in the Annex to Regulation
lation (EEC) No 798/80 of 31 March 1980 laying down                  (EEC) No 1009/86, the refunds given in the Annex to this
general rules on the advance payment of export refunds               Regulation shall be applied on presentation, at the accept­
and positive monetary compensatory amounts in respect                ance of the export declaration and the request for obtain­
of agricultural products (2), as last amended by Regulation          ing the export refund, of proof that the basic products
(EEC) No 471 /87 (3), lay down rules on the advance                  used in the manufacture of the products to be exported
payment of export refunds that must be adhered to when               have not benefited from the production refund provided
these are adjusted ;                                                 for in that Regulation, and that such refund will not be
Whereas, now that a settlement has been reached between
                                                                     applied for.
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 (4), it is necessary to differ­           that the latter product has not benefited from a produc­
entiate the refund on goods falling within Common                     tion refund as provided for in Regulation (EEC) No
Customs Tariff heading No 19.03 according to their desti­             1009/86, and that no application for such refund will be
nation .                                                              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 export of the goods, when
                                                                          the rate is not fixed in advance ; or
 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 under Regulation (EEC) No 1009/86 to the
                                                                      basic product in question on the day of acceptance of the
 1 . Without prejudice to paragraphs 2 and 3 the rates of             export declaration for the goods, or on the day specified
 the refunds applicable to the basic products appearing in            in Article 3 (2) of Regulation (EEC) No 798/80, if the
 Annex A to Regulation (EEC) No 3035/80 and listed                    goods have been placed under the export refund advance
 either in Article 1 of Regulation (EEC) No 2727/75 or in             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              This Regulation shall enter into force on 1 November
 Annex to this Regulation .                                            1987 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels, 30 October 1987 .
                                                                                For the Commission
                                                                                 Frans ANDRIESSEN
                                                                                    Vice-President
 (')  OJ No  L   199, 22.* 7. 1983, p. 12.
  (2) OJ No  L  87, 1 . 4. 1980, p. 42.
  (3) OJ No  L  48 , 17. 2. 1987, p. 10 .
  0   OJ No  L  275, 29. 9 . 1987, p. 36.
 ---pagebreak--- No L 309 /96                     Official Journal of the European Communities                           31 . 10 . 87
                                                        ANNEX
           to the Commission Regulation of 30 October 1987 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)
                       CCT                                                                     Rate
                    heading                               Description                       of refund
                        No
                10.01 B I         Common wheat, and meslin (mixed wheat and rye) :
                                  — For the manufacture of starch                             11,233
                                  — Other than for the manufacture of starch :
                                      — On exports of goods falling under heading No 19.03
                                          to the United States of America                       9,159
                                      — In all other cases                                    12,633
                10.01 B II        Durum wheat :
                                  — On exports of goods falling under heading No 19.03 to
                                      the United States of America                            10,627
                                  — In all other cases                                        14,658
                10.02             Rye                                                         10,885
                10.03             Barley                                                      12,753
                10.04             Oats                                                        11,220
                10.05 B           Maize, other than hybrid maize for sowing :
                                  — For the manufacture of starch                               9,974
                                  — Other than for the manufacture of starch                  10,974
                 10.06 B I b) 1    Round grain husked rice                                    41,670
                 10.06 Bib) 2      Long grain husked rice                                     36,253
                 10.06 B II b) 1   Round grain wholly milled rice                             53,768
                 10.06 B lib) 2    Long grain wholly milled rice                               52,541
                 10.06 B III       Broken rice :
                                   — For the manufacture of starch                             16,341
                                   — Other than for the manufacture of starch                  17,541
                 10.07 C           Sorghum                                                       7,744
                 11.01 A           Wheat or meslin flour :
                                   — On exports of goods falling under heading No 19.03 to
                                       the United States of America                            10,963
                                   — In all other cases                                        15,122
                 11.01 B           Rye flour                                                   21,016
                 11.02 A I a)      Durum wheat groats and meal :
                                   — On exports of goods falling under heading No 19.03 to
                                       the United States of America                             16,472
                                   — In all other cases                                        22,720
                  1 1 .02 A I b)   Common wheat groats and meal :
                                   — On exports of goods falling under heading No 19.03 to
                                       the United States of America                             10,963
                                   — In all other cases                                         15,122