CELEX: 31997R2362
Language: en
Date: 1997-11-27 00:00:00
Title: COMMISSION REGULATION (EC) No 2362/97 of 27 November 1997 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

28. 11 . 97         I EN I             Official Journal of the European Communities                                    L 326/39
                                       COMMISSION REGULATION (EC) No 2362/97
                                                        of 27 November 1997
                     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,                        Whereas, now that a settlement has been reached between
                                                                     the European Community and the United States of
  Having regard to the Treaty establishing the European              America on Community exports of pasta products to the
  Community,                                                         United States and has been approved by Council Decision
  Having regard to Council Regulation (EEC) No 1766/92               87/482/EEC (6), it is necessary to differentiate the refund
  of 30 June 1992 on the common organization of the                  on goods falling within CN codes 1902 11 00 and
  market in cereals ('), as last amended by Commission               1902 19 according to their destination;
  Regulation (EC) No 923/96 (2), and in particular Article 13        Whereas Article 4 (5) (b) of Regulation (EC) No 1222/94
  (3) thereof,                                                       provides that, in the absence of the proof referred to in
                                                                     Article 4 (5) (a) of that Regulation, a reduced rate of export
  Having regard to Council Regulation (EC) No 3072/95 of             refund has to be fixed, taking account of the amount of
  22 December 1995 on the common organization of the                 the production refund applicable, pursuant to Commis­
  market in rice (3), and in particular Article 13 (3) thereof,      sion Regulation (EEC) No 1722/93 (7), as last amended by
 Whereas Article 13 (1 ) of Regulation (EEC) No 1766/92              Regulation (EC) No 151 6/95 (8), for the basic product in
 and Article 13 ( 1 ) of Regulation (EC) No 3072/95 provide         question, used during the assumed period of manufacture
                                                                    of the goods;
 that the difference between quotations of prices on the
 world market for the products listed in Article 1 of each          Whereas the Management Committee for Cereals has not
 of those Regulations and the prices within the Commu­              delivered an opinion within the time limit set by its
 nity may be covered by an export refund;                           chairman ,
 Whereas Commission Regulation (EC) No 1222/94 of                   HAS ADOPTED THIS REGULATION :
 30 May 1994 laying down common implementing rules
 for granting export refunds on certain agricultural                                            Article 1
 products exported in the form of goods not covered by
 Annex II to the Treaty, and the criteria for fixing the            The rates of the refunds applicable to the basic products
                                                                    appearing in Annex A to Regulation (EC) No 1222/94
 amount of such refunds (4), as last amended by Regulation
 (EC) No 1909/97 (*), specifies the products for which a
                                                                    and listed either in Article 1 of Regulation (EEC)
 rate of refund should be fixed, to be applied where these          No 1766/92 or in Article 1 (1 ) of Regulation (EC)
                                                                    No 3072/95, exported in the form of goods listed in
 products are exported in the form of goods listed in               Annex B to Regulation (EEC) No 1766/92 or in Annex B
 Annex B to Regulation (EEC) No 1766/92 or in Annex B
 to Regulation (EC) No 3072/95 as appropriate;
                                                                    to Regulation (EC) No 3072/95 respectively, are hereby
                                                                    fixed as shown in the Annex to this Regulation .
 Whereas, in accordance with the first subparagraph of                                          Article 2
 Article 4 ( 1 ) of Regulation (EC) No 1222/94, the rate of
 the refund per 100 kilograms for each of the basic                 This Regulation shall enter into force on 28 November
 products in question must be fixed for each month;                 1997 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 27 November 1997.
                                                                              For the Commission
                                                                              Martin BANGEMANN
                                                                         Member of the Commission
(<) OJ L 181 , 1 . 7. 1992, p. 21 .
(2) OJ L 126, 24. 5. 1996, p. 37.
0 OJ L 329, 30. 12. 1995, p. 18,                                   0 OJ L 275, 29. 9. 1987, p. 36.
(4) OJ L 136, 31 . 5. 1994, p. 5.                                  0 OJ L 159, 1 . 7. 1993, p. 112.
Is) OJ L 268, 1 . 10. 1997, p. 20.                                 (8) OJ L 147, 30. 6. 1995, p. 49.
 ---pagebreak--- L 326/40         I EN I               Official Journal of the European Communities                                         28 . 11 . 97
                                                              ANNEX
           to the Commission Regulation of 27 November 1997 fixing the rates of the refunds applicable to
           certain cereals and rice products exported in the form of goods not covered by Annex II to the
                                                               Treaty
                                                                                                        Rate of refund
                CN code                              Description of products (')                      per 1 00 kg of basic
                                                                                                            product
               1001 10 00    Durum wheat:
                              — on exports of goods falling within CN codes 1902 11 and
                                1902 19 to the United States of America                                        —
                              — in other cases                                                                 —
               1001 90 99    Common wheat and mesiin :
                              — on exports of goods falling within CN codes 1902 11 and
                                1902 19 to the United States of America                                       0,554
                              — in other cases :
                              — — where pursuant to Article 4 (5) of Regulation (EC) No
                                    1222/94 (2)                                                               0,721
                              — — in other cases                                                              0,852
               1002 00 00    Rye                                                                              3,204
               1003 00 90    Barley                                                                           1,609
               1004 00 00    Oats                                                                             1,648
               1005 90 00    Maize (corn) used in the form of:
                              — starch :
         I                    — — where pursuant to Article 4 (5) of Regulation (EC) No
                                    1222/94 0                                                                 1,840
                              — — in other cases                                                              2,004
                              — glucose, glucose syrup, maltodextrine, maltodextrine syrup of
                                CN codes 1702 30 51 , 1702 30 59, 1702 30 91 , 1702 30 99,
                                1 702 40 90 , 1 702 90 50, 1 702 90 75, 1 702 90 79, 21 06 90 55 (3):
                              — — where pursuant to Article 4 (5) of Regulation (EC) No
                                    1 222/94 (2)                                                              1,552
                              — — in other cases                                                              1,716
                              — other (including unprocessed)                                                 2,004
                             Potato starch of CN code 1108 13 00 similar to a product obtained
                             from processed maize:
                              — where pursuant to Article 4 (5) of Regulation (EC) No
                                1222/94 (2)                                                                   1,840
                             — in other cases                                                                2,004
               1006 20       Husked rice :
                             — round grain                                                                  13,873
                             — medium grain                                                                 12,351
                             — long grain                                                                   12,351
          ex 1006 30         Wholly-milled rice:
                             — round grain                                                                  17,900
                             — medium grain                                                                 17,900
                             — long grain                                                                   17,900
               1006 40 00    Broken rice used in the form of:
                             — starch of CN code 1108 19 10 :
                             — — where pursuant to Article 4 (5) of Regulation (EC) No
                                   1222/94 (2)                                                               4,028
                             — — in other cases                                                              4,200
                             — other (including unprocessed)                                                 4,200
 ---pagebreak--- 28 . 11 . 97         I EN                     Official Journal of the European Communities                                                  L 326/41
                                                                                                                         Rate of refund
                    CN code                                    Description of products (')                             per 100 kg of basic
                                                                                                                             product
                   1007 00 90          Sorghum                                                                                 1,609
                   1101 00             Wheat or mesiin flour:
                                       — on exports of goods falling within CN              codes 1902 11      and
                                          1902 19 to the United States of America                                             0,681
                                       — in other cases                                                                       1,048
                   1102 10 00          Rye flour                                                                              3,650
                   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 other cases                                                                        —
                   1103 11 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                                             0,681
                                       — in other cases                                                                       1,048
             (') As far as agricultural products obtained from the processing of a basic product or/and assimilated products are concerned,
                 the coefficients shown in Annex E of amended Commission Regulation (EC) No 1222/94 shall be applied (OJ L 136, 31 .
                 5. 1994, p. 5).
             (2) The goods concerned are listed in Annex I of amended Regulation (EEC) No 1 722/93 (OJ L 1 59, 1.7. 1 993, p. 1 1 2).
             (3) For syrups of CN codes 1 702 30 99, 1 702 40 90 and 1 702 60 90, obtained from mixing glucose and fructose syrup, the
                 export refund may be granted only for the glucose syrup.