CELEX: 31987R4037
Language: en
Date: 1987-12-31 00:00:00
Title: Commission Regulation (EEC) No 4037/87 of 29 December 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

31 . 12. 87                             Official Journal of the European Communities                              No L 378 /75
                                    COMMISSION REGULATION (EEC) No 4037/87
                                                    of 29 December 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
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 3989/87 (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 3990/87 (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 (J), as last amended
Whereas Council Regulation (EEC) No 3035/80 of 11                 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 Q, as last amended by Regulation (EEC) No
4055/87 (*), 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 377, 31 . 12. 1987, p. 1 .
(3) OJ No L 166, 25. 6. 1976, p. 1 .                               0 OJ No L 281 , 1 . 11 . 1975, p. 57.
M OJ No L 377, 31 . 12. 1987.                                      (8) OJ No L 367, 31 . 12. 1985, p. 20.
0 OJ No L 323, 29. 11 . 1980, p. 27.                               0 OJ No L 94, 9. 4. 1986, p. 6.
(«) OJ No L 379, 31 . 12. 1987, p. 1 .                             (10) OJ No L 62, 7. 3. 1980, p. 5.
 ---pagebreak---                                                                                                                      31 . 12. 87
No L 378/76                              Official Journal of the European Communities
Regulation (EEC) No 2026/83 ('), and Commission Regu­              either in Article 1 of Regulation (EEC) No 2727/75 or in
lation (EEC) No 798/80 of 31 March 1980 laying down                Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in
general rules on the advance payment of export refunds             the form of goods listed in Annex B to Regulation (EEC)
and positive monetary compensatory amounts in respect              No 2727/75 or in Annex B to Regulation (EEC) No
of agricultural products (2), as last amended by Regulation         1418/76 respectively, are hereby fixed as shown in the
(EEC) No 471 /87 (3), lay down mles on the advance                 Annex to this Regulation.
payment of export refunds that must be adhered to when              2.     For the products listed in the Annex to Regulation
these are adjusted ;                                                (EEC) No 1009/86, the refunds given in the Annex to this
Whereas, now that a settlement has been reached between             Regulation shall be applied on presentation, at the accept­
 the European Economic Community and the United                     ance of the export declaration and the request for obtain­
 States of America on Community exports of pasta                    ing the export refund, of proof that the basic products
                                                                    used in the manufacture of the products to be exported
 products to the United States and has been approved by             have not benefited from the production refund provided
 Council Decision 87/482/EEC (4), it is necessary to differ­
 entiate the refund on goods falling within subheadings             for in that Regulation, and (hat such refund will not be
  1902 11 and 1902 19 of the combined nomenclature                  applied for.
 according to their destination ;                                   The proof referred to in the first subparagraph is provided
 Whereas Council Regulation (EEC) No 2658/87 of 23                   by the presentation by the exporter of a declaration from
                                                                     the processor of the basic product in question attesting
 July 1987 on the tariff and statistical nomenclature and            that the latter product has not benefited from a produc­
 on the Common Customs Tariff (*) has established, as                tion refund as provided for in Regulation (EEC) No
  from 1 January 1988, a new combined nomenclature,                  1009/86, and that no application for such refund will be
 which will meet the requirements both of the Common                 made.
  Customs Tariff and the external trade statistics of the
  Community and which will replace the Nomenclature of               3. When the proof referred to in paragraph 2 is not
  the Convention of 15 December 1950 ; whereas therefore             provided, the export refund :
  the corresponding tariff headings according to the                 (a) applicable on the date of export of the goods, when
  combined nomenclature have to be indicated ;                            the rate is not fixed in advance ; or
  Whereas the measures provided for in this Regulation are           (b) of which the rate is fixed in advance,
  in accordance with the opinion of the Management                   will be reduced by the amount of the production refund
  Committee for Cereals,
                                                                      applicable under Regulation (EEC) No 1009/86 to the
                                                                      basic product in question on the day of acceptance of the
                                                                      export declaration for the goods, or on the day specified
  HAS ADOPTED THIS REGULATION :                                       in Article 3 (2) of Regulation (EEC) No 798/80, if the
                                                                      goods have been placed under the export refund advance
                            Article 1                                 payment arrangements.
   1 . Without prejudice to paragraphs 2 and 3 the rates of                                    Article 2
   the refunds applicable to the basic products appearing in
   Annex A to Regulation (EEC) No 3035/80 and listed                  This Regulation shall enter into force on 1 January 1988.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 29 December 1987.
                                                                                For the Commission
                                                                                 Frans ANDRIESSEN
                                                                                    Vice-President
    (') OJ No L 199, 22. 7. 1983, p. 12.
    M OJ No L 87, 1 . 4. 1980, p. 42.
    0 OJ No L 48, 17. 2. 1987, p. 10.
    o OJ No L 275, 29. 9. 1987, p. 36.
    o OJ No L 256, 7. 9. 1987, p. 1 .
 ---pagebreak--- 31 . 12. 87                        Official Journal of the European Communities                             No L 378 /77
                                                         ANNEX
              to the Commission Regulation of 30 December 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)
                                                                                                     Rate
                   CN code                                  Description                           of refund
                  1001 10 90        Durum wheat :
                                    — On exports of goods falling within subheadings
                                        1902 11 00 and 1902 19 to the United States of America     11,338
                                    — In all other cases                                           15,426
                  1001 90 99        Common wheat, and meslin (mixed wheat and rye) :
            I                       — For the manufacture of starch                                11,233
                                    — Other than for the manufacture of starch :
                                       — On exports of goods falling within subheadings
                                           1 902 11 00 and 1 902 19 to the United States of
                                           America                                                   9,285
                                       — In all other cases                                        12,633
                  1002 00 00        Rye                                                            12,186
                  1003 00 90        Barley                                                         13,813
                  1004 00 90        Oats                                                           13,083
                  1005 90 00        Maize, other than hybrid maize for sowing :
                                    — For the manufacture of starch                                11,709
                                    — Other than for the manufacture of starch                     12,709
                  1006 20 10        Round grain husked rice                                        40,005
                  1006 20 90        Long grain husked rice                                         38,999
                  1006 30 91        Round grain wholly milled rice                                 51,619
                  1006 30 99        Long grain wholly milled rice                                  56,520
                  1006 40 00        Broken rice :
            I                       — For the manufacture of starch                                17,113
                                    — Other than for the manufacture of starch                     18,313
                  1007 00 90        Sorghum                                                          8,003
                  1101 00 00        Wheat or meslin flour :
                                    — On exports of goods falling within subheadings
                                        1902 11 00 and 1902 19 to the United States of America     11,020
                                    — In all other cases                                           14,993
                  1102 10 00        Rye flour                                                      22,484
                  1103 11 10        Durum wheat groats and meal :                              I
                                    — On exports of goods falling within subheadings
                                        1902 11 00 and 1902 19 to the United States of America     17,574
                                    — In all other cases                                           23,910
                  1103 11 90        Common wheat groats and meal :
                                    — On exports of goods falling within subheadings
                                        1902 11 00 and 1902 19 to the United States of America      11,020
                                    — In all other cases                                            14,993