CELEX: 31994R0992
Language: en
Date: 1994-04-30 00:00:00
Title: Commission Regulation (EC) No 992/94 of 29 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

30 . 4. 94                              Official Journal of the European Communities                              No L 111 /49
                                       COMMISSION REGULATION (EC) No 992/94
                                                       of 29 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 agri­
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 (2), 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 1 544/93 (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 f), 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 (9), and Commission Regu­
No 776/94 (6), 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 ("), 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 1902 11 00 and
 (') OJ No L 181 , 1 . 7. 1992, p. 21 .                            O OJ No L 159, 1 . 7. 1993, p. 112.
 (2) OJ No L 196, 5. 8. 1993, p. 22.                               (8) OJ No L 62, 7. 3. 1980, p. 5.
 (3) OJ No L 166, 25. 6. 1976, p. 1 .                              0 OJ No L 199, 22. 7. 1983, p. 12.
(j OJ No L 154, 25. 6. 1993, p. 5.                                 (10) OJ No L 351 , 14. 12. 1987, p. 1 .
O OJ No L 323, 29 . 11 . 1980, p. 27.                              (") OJ No L 256, 14. 10. 1993, p. 7.
 O OJ No L 91 , 8 . 4. 1994, p. 6.                                 (12) OJ No L 275, 29 . 9. 1987, p. 36.
 ---pagebreak--- No L 111 /50                         Official Journal of the European Communities                                   30 . 4. 94
1902 19 according to their destination ;                       ning the export refund, of proof that the basic products
                                                               used in the manufacture of the products to be exported
                                                               have not benefited from the production refund provided
Whereas, for the application of Article 4 (2) (b) of Regula­   for in that Regulation, and that such refund will not be
tion (EEC) No 3035/80, it is necessary to differentiate the    applied for.
refunds ;
Whereas Council Regulation (EEC) No 990/93 (') prohi­          The proof referred to in the first subparagraph is provided
bits trade between the European Community and the              by the presentation by the exporter of a declaration from
Federal Republic of Yugoslavia (Serbia and Montenegro) ;       the processor of the basic product in question attesting
whereas this prohibition does not apply in certain situa­      that the latter product has not benefited form a produc­
tions as comprehensively listed in Articles 2, 4, 5 and 7      tion refund as provided for in Regulation (EEC)
thereof ; whereas account should be taken of this fact         No 1722/93, and that no application for such refund will
when fixing the refunds ;                                      be made .
Whereas in particular the export refund for unprocessed        3. When the proof referred to in paragraph 2 is not
starches falling within CN code 1108 is granted only if        provided, the export refund :
the dry matter content is at least 77 % in the case of
potato starch and at least 84 % in the case of cereal star­
ches ;                                                         (a) applicable on the date of acceptance of the export
                                                                      declaration for the goods, or on the day specified in
                                                                      Article 26 (2) of Regulation (EEC) No 3665/87, where
Whereas with regard to potatoes, only potato starches are             the rate is not fixed in advance ;
subject to common organization of the market, conse­
quently steps should be taken to specify the terms that        (b) of which the rate is fixed in advance,
these potato starches should meet in order to qualify for      will be reduced by the amount of the production refund
refunds ;                                                      applicable pursuant to Regulation (EEC) No 1722/93 to
                                                               the basic product in question on the day of acceptance of
Whereas, in respect of glucose syrup and maltodextrine         the export declaration for the goods, or on the day speci­
syrup, the dry extract content for which the rate of refund    fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
is set should be specified ;                                   the goods have been placed under the export refund
                                                               advance payment arrangements.
Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its
chairman,
                                                                                            Article 2
                                                                1 . The refund for starches and potato starch falling
HAS ADOPTED THIS REGULATION :                                  within CN code 1108 or products falling within Annex A
                                                                to Regulation (EEC) No 1766/92 resulting from the
                                                                processing of these starches and potato starch is granted
                                                                only on production of a declaration from the suppliers of
                           Article 1                            those products attesting that they have been directly
                                                                produced from cereals, potatoes or rice excluding all use
                                                                of subproducts obtained in the production of other agri­
 1 . Without prejudice to paragraphs 2 and 3 the rates of       cultural products or goods.
the refunds applicable to the basic products appearing in
Annex A to Regulation (EEC) No 3035/80 and listed
either in Article 1 of Regulation (EEC) No 1766/92 or in        The above declaration can be considered valid, until revo­
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in      cation, for all supplies from the same producer ; it shall
the form of goods listed in Annex B to Regulation (EEC)         be verified in accordance with the provisions of Article 8
 No 1766/92 or in Annex B to Regulation (EEC) No                ( 1 ) and the first indent of paragraph 2 of Regulation (EEC)
 1418/76 respectively, are hereby fixed as shown in the         No 3035/80 .
Annex to this Regulation.
                                                                2. Where the dry-extract content of potato starch assi­
 2. For the products listed in the Annex 1 to Regulation        milated to maize starch pursuant to Article 1 (2) (a) of
(EEC) No 1722/93 the refunds given in the Annex to this         Regulation (EEC) No 3035/80 is 80 % or higher, the rate
Regulation shall be applied on presentation, at the accep­      of the export refund shall be as laid down in the Annex ;
tance of the export declaration and the request for obtai­      where the dry-extract content is less than 80 % the rate of
                                                                the refund shall be the amount laid down in the Annex
(') OJ No L 102, 28. 4. 1993, p. 14.                            multiplied by l /80th of the actual dry-extract percentage.
 ---pagebreak--- 30 . 4. 94                           Official Journal of the European Communities                            No L 111 /51
For all other starches with a dry-extract content of 87 %       1702 30 99, 1702 40 90, 1702 90 50 or 2106 90 55 is
or more, the rate of the export refund shall be as laid         greater than or equal to 78 %, the rate of refund shall be
down in the Annex ; where the dry-extract content is less       that set in accordance with the Annex ; if the dry extract
then 87 % the amount of the refund shall be the rate laid       content of the said syrups is less than 78 %, the rate
down in the Annex multiplied by l /87th of the actual           applied shall be equal to the rate of refund set in accor­
dry-extract percentage.                                         dance with the Annex multiplied by the actual percentage
                                                                of dry extract and divided by 78 .
3. For the purposes of paragraph 1 above, the
dryextract content of starches shall be determined using        2. For the purposes of the preceding paragraph, the dry
the method applied to flour in Annex II to Commission           matter content of glucose syrup or maltodextrine syrup
Regulation (EEC) No 1908/84 ('), as last amended by             shall be determined in accordance with Method 2
Regulation (EEC) No 2507/87 (2).                                described in Annex II to Council Directive 79/796/EEC
                                                                (3), or in accordance with any other appropriate method of
4. At the time of application for the export refund for         analysis which offer at least the same guarantees.
the goods the applicant must declare the dry-extract
content of the starches concerned, unless this information      3. When applying for the export refund, the applicant
has been recorded by the competent authorities referred         must state the dry extract content of the glucose syrup
to in Article 3 (2) of Regulation (EEC) No 3035/80, in          and maltodextrine syrup used, unless this information has
accordance with the provisions of that paragraph.               been recorded by the competent body referred to in
                                                                Article 3 (2) of Regulation (EEC) No 3035/80, as provided
                                                                for in that paragraph.
                         Article J
                                                                                          Article 4
1 . If the dry extract content of glucose syrup or malto­
dextrine syrup falling within CN code 1702 30 59,               This Regulation shall enter into force on 1 May 1994.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 29 April 1994.
                                                                           For the Commission
                                                                           Martin BANGEMANN
                                                                       Member of the Commission
(') OJ No L 178, 5. 7. 1984, p. 22.
(2) OJ No L 235, 20. 8. 1987, p. 10.                            (3) OJ No L 239, 22. 9. 1979, p. 24.
 ---pagebreak--- No L 111 /52                        Official Journal of the European Communities                                   30 . 4. 94
                                                            ANNEX
           to the Commission Regulation of 29 April 1994 fixing the rates of the refunds applicable to
           certain cereals and riee 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 1 902 1 1 and
                                   1902 19 to the United States of America                             —
                             — — in all other cases                                                    —
                             — used in the form of :
                             — — pellets of CN code 1 1 03, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                      —
                             — — hulled grains of CN code 1 104 and starch of CN code 1 108            —
                                   germ of CN code 1 1 04                                              —
                             — — 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 1902 11 and
                                   1902 19 to the United States of America                            2,582
                             — — in all other cases                                                   4,303
                             — used in the form of :
                             — — pellets of CN code 1 1 03, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                     2,582
                             — — hulled grains of CN code 1104 and starch of CN code 1108             3,873
                              — — germ of CN code 1104                                                1,506
                             — — gluten of CN code 1109                                                —
                             — — other (except flours of CN code 1101 , and groats and meal of
                                   CN code 1103                                                       4,303
               1002 00 00    Rye :
                              — used unprocessed                                                      4,303
                              — used in the form of :
                              — — pellets of CN code 1103, or pearled grains of CN code 1104          2,582
                              — — rolled or flaked grains and hulled grains of CN code 1 104          3,873
                              — — germ of CN code 1104                                                1,544
                              — — starch of CN code 1108 19 90                                        4,411
                              — — gluten of CN code 2303 1 0 90                                        —
                              — — other (except flours of CN code 1102)                               4,303
               1003 00 90    Barley :
                              — used unprocessed                                                      7,871
                              — 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                5,510
                              — — pellets of CN code 1103                                             4,723
                              — — germs of CN code 1104                                               1,544
                              — — starch of CN code 1108 19 90                                        4,411
                              — — gluten of CN code 2303 1 0 90                                        —
                              — — other                                                               7,871
 ---pagebreak--- 30 . 4. 94                                Official Journal of the European Communities                                              No L 111 /53
                                                                                                                  Rate of refund
                  CN code                                 Description of products (')                           per 100 kg of basic
                                                                                                                    product (2)
                1004 00 00        Oats :
                                  — used unprocessed                                                                   4,414
                                  — used in the form of :
                                  — — pellets of CN code 1103, and pearled grains of CN code
                                         1104                                                                          2,648
                                  — — rolled or flaked grains and hulled grains of CN code 1 104                       3,973
                                  — — germs of CN code 1 1 04                                                          1 ,544
                                  — — starch of CN code 1108 19 90                                                     4,411
                                  — — gluten of CN code 2303 10 90                                                      —
                                         other                                                                         4,414
                1005 90 00        Maize (Corn) :
                                  — used unprocessed                                                                   4,411
                                  — used in the form of :
                                         flours of CN codes 1102 20 10 and 1102 20 90                                  3,088
                                  — — groats and meal of CN code 1003 and rolled or flaked grains
                                         of CN code 1104                                                               3,529
                                  — — pellets of CN code 1103                                                          2,647
                                  — — hulled or perled grains of CN code 1104                                          3,970
                                  — — germs of CN code 1 1 04                                                          1 ,544
                                  — — starch of CN code 1108 12 00                                                     4,411
                                         gluten of CN code 2303 10 11                                                  1,764
                                  — — other (3)                                                                        4,411
                1006 20           Round grain husked rice                                                             20,073
                                  Medium grains husked rice                                                           17,871
                                  Long grain husked rice                                                              17,871
           ex 1006 30             Round grain wholly-milled rice                                                      25,900
                                  Medium grain wholly-milled rice                                                     25,900
                                  Long grain wholly-milled rice                                                       25,900
                 1006 40 00       Broken rice :
                                  — used unprocessed                                                                   5,800
                                  — used in the form of :
                                  — — flour of CN code 1 1 02 30, groats and meal or pellets of CN
                                         code 1103                                                                     5,800
                                   — — flaked grains of CN 1104 19 91                                                  3,480
                                   — — starch of CN code 1108 19 10                                                    5,800
                                   — — other                                                                             —
                 1007 00 90       Sorghum                                                                              7,871
                 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                                          3,176
                                   — in all other cases                                                                5,293
                 1102 1000        Rye flour                                                                             5,895
                 1103 11 10       Groats and durum wheat meal :
                                   — on exports of goods falling within CN codes 1902 11 and
                                      1902 19 to the United States of America                                            —
                                   — in all other cases                                                                  —
                 1 1 03 1 1 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                                           3,176
                                   — in all other cases                                                                 5,293
           (') 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.