CELEX: 31989R3299
Language: en
Date: 1989-11-01 00:00:00
Title: Commission Regulation (EEC) No 3299/89 of 31 October 1989 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 320/50                                 Official Journal of the European Communities                                 1 . 11 . 89
                                       COMMISSION REGULATION (EEC) No 3299/89
                                                         of 31 October 1989
                   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,                                 on the Community market and the prices ruling on
                                                                            the world markets ;
Having regard to the Treaty establishing the European
Economic Community,                                                   (b) the level of the refunds on exports of processed agri­
                                                                            cultural products covered by Annex II to the Treaty
                                                                            which are manufactured under similar conditions ;
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)            (c) the need to ensure equality of competition for the
No 2860/89 (2), and in particular the first sentence of the                 industries which use Community products and those
fourth subparagraph of Article 16 (2) thereof,                              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)               Whereas in the absence of evidence that no production
No 1 806/89 (4), and in particular the first sentence of the          refund was granted under Council Regulation (EEC) No
fourth subparagraph of Article 17 (2) thereof,                         1009/86 of 25 March 1986 establishing general rules
                                                                      applying to production refunds in the cereals and rice
                                                                      sector Q, as last amended by Commission Regulation
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                (EEC) No 1990/89 (8), the export refund should be
and Article 17 ( 1 ) of Regulation (EEC) No 1418/76                   reduced by the amount of the production refund appli­
provides that the difference between quotations of prices             cable on the day of acceptance of the export declaration ;
on the world market for the products listed in Article 1 of           whereas this system is the only one wich avoids the risk
each of those Regulations and the prices within the                   of fraud :
Community may be covered by an export refund ;
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 ('), 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
3209/88 (*), specifies the products for which a rate of               of export refunds on agricultural products (") lay down
refund should be fixed, to be applied where these                      rules on the advance payment of export refunds that must
products are exported in the form of goods listed in                   be adhered to when these are adjusted ;
Annex B to Regulation (EEC) No 2727/75 or in Annex B
to Regulation (EEC) No 1418/76 as appropriate ;
                                                                      Whereas, now that a settlement has been reached between
                                                                       the European Economic Community and the United
Whereas, in accordance with the first subparagraph of                  States of America on Community exports of pasta
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of             products to the United States and has been approved by
the refund per 100 kilograms for each of the basic                     Council Decision 87/482/EEC (12), it is necessary to differ­
products in question must be fixed for each month ;                    entiate the refund on goods falling within CN codes
                                                                       1902 11 00 and 1902 19 according to their destination ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :
                                                                       Whereas the measures provided for in this Regulation are
(a) the average costs incurred by processing industries in             in accordance with the opinion of the Management
     obtaining supplies of the basic products in question              Committee for Cereals,
(') OJ  No  L  281 , 1 . 11 . 1975, p. 1 .                             0 OJ No L 94, 9. 4. 1986, p. 6.
(2) OJ  No  L  274,  23 . 9. 1989, p. 41 .                             C) OJ No L 190, 5. 7. 1989, p. 13.
(3) OJ  No  L  166,  25. 6. 1976, p. 1 .                               0 OJ No L 62, 7. 3. 1980, p. 5.
(4) OJ  No  L  177,  24. 6. 1989, p. 1 .                               (">) OJ No L 199, 22. 7. 1983, p. 12.
0   OJ  No  L  323,  29 . 11 . 1980, p. 27.                            H OJ No L 351 , 14. 12. 1987, p. 1 .
 Ó OJ No L 286, 20. 10. 1988, p. 6.                                     >*) OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak---  1 . 11 . 89                          Official Journal of the European Communities                           No L 320/51
HAS ADOPTED THIS REGULATION :
                                                                 the processor of the basic product in question attesting
                                                                 that the latter product has not benefited from a produc­
                          Article 1                              tion refund as provided for in Regulation (EEC) No
                                                                 1009/86, and that no application for such refund will be
1 . Without prejudice to paragraphs 2 and 3 the rates of         made.
the refunds applicable to the basic products appearing in        3.    When the proof referred to in paragraph 2 is not
Annex A to Regulation (EEC) No 3035/80 and listed                provided, the export refund :
either in Article 1 of Regulation (EEC) No 2727/75 or in
Article 1 (1) of Regulation (EEC) No 1418/76, exported in        (a) applicable on the date of acceptance of the export
the form of goods listed in Annex B to Regulation (EEC)              declaration for the goods, or on the day specified in
No 2727/75 or in Annex B to Regulation (EEC) No                      Article 26 (2) of Regulation (EEC) No 3665/87, where
1418/76 respectively, are hereby fixed as shown in the               the rate is not fixed in advance ;
Annex to this Regulation.                                        (b) of which the rate is fixed in advance,
2. For the products listed in the Annex to Regulation            will be reduced by the amount of the production refund
(EEC) No 1009/86, the refunds given in the Annex to this         applicable under Regulation (EEC) No 1009/86 to the
Regulation shall be applied on presentation, at the accept­      basic product in question on the day of acceptance of the
ance of the export declaration and the request for obtain­       export declaration for the goods, or on the day specified
ing the export refund, of proof that the basic products          in Article 26 (2) of Regulation (EEC) No 3665/87, if the
used in the manufacture of the products to be exported           goods have been placed under the export refund advance
have not benefited from the production refund provided           payment arrangements.
for in that Regulation, and that such refund will not be
applied for.                                                                              Article 2
The proof referred to in the first subparagraph is provided      This Regulation shall enter into force on 1 November
by the presentation by the exporter of a declaration from        1989.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 31 October 1989.
                                                                           For the Commission
                                                                            Karel VAN MIERT
                                                                       Member of the Commission
 ---pagebreak--- No L 320/52                        Official Journal of the European Communities                             1 . 11 . 89
                                                          ANNEX
              to the Commission Regulation of 31 October 1989 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
                                        1902 11 00 and 1902 19 to the United States of America    13,162
                                   — In all other cases                                           13,295
                   1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                   — On exports of goods falling within CN codes
                                        1902 11 00 and 1902 19 to the United States of America      4,663
                                   — In all other cases                                             4,710
                   1002 00 00       Rye                                                             6,259
                   1003 00 90       Barley                                                          7,387
                   1004 00 90       Oats                                                            6,979
                   1005 90 00       Maize, other than hybrid maize for sowing                  .    7,920
                   1006 20          Round grain husked rice                                       35,735
                                    Medium grain husked rice                                      32,377
            l                       Long grain husked rice                                        32,377
               ex 1006 30           Round grain wholly milled rice                                46,110
                                    Medium grain wholly milled rice                               46,923
                                    Long grain wholly milled rice                                 46,923
                   1006 40 00       Broken rice                                                   11,474
                   1007 00 90       Sorghum                                                         5,788
                   1101 00 00       Wheat or meslin flour :
                                    — On exports of goods falling within CN codes
                                        1902 11 00 and 1902 19 to the United States of America      5,286
            l                       — In all other cases                                            5,340
                   110210 00        Rye flour                                                      15,626
                   1103 11 10       Durum wheat groats and meal :
                                    — On exports of goods falling within CN codes
                                        1902 11 00 and 1902 19 to the United States of America    20,401
                                    — In all other cases                                          20,607
                   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      5,286
            \                       — In all other cases                                            5,340