CELEX: 31994R0450
Language: en
Date: 1994-03-01 00:00:00
Title: Commission Regulation (EC) No 450/94 of 28 February 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

1 . 3. 94                                  Official Journal of the European Communities                              No L 57/33
                                          COMMISSION REGULATION (EC) No 450/94
                                                        of 28 February 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 1544/93 (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 Q, 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
1 1 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 ("), as amended by
refunds (*), as last amended by Regulation (EEC)                      Regulation (EEC) No 2026/83 (9), and Commission Regu­
No 3381 /90 (*), 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 (n), 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 190211 00 and
(') OJ  No  L  181 , 1 . 7. 1992, p. 21 .                             0 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.
0   OJ  No  L  154,  25. 6. 1993, p. 5.                               H OJ No L 351 , 14. 12. 1987, p. 1 .
0   OJ  No  L  323,  29. 11 . 1980, p. 27.                            H OJ No L 256, 14. 10. 1993, p. 7.
(«) OJ  No  L  327,  27. 11 . 1990, p. 4.                             H OJ No L 275, 29. 9 . 1987, p. 36.
 ---pagebreak--- No L 57/34                           Official Journal of the European Communities                                    1 . 3 . 94
190219 according to their destination ;                        for in that Regulation, and that such refund will not be
                                                               applied for.
Whereas, for the application of Article 4 (2) (b) of Regula­
tion (EEC) No 3035/80, it is necessary to differentiate the    The proof referred to in the first subparagraph is provided
refunds ;                                                      by the presentation by the exporter of a declaration from
                                                               the processor of the basic product in question attesting
Whereas Council Regulation (EEC) No 990/93 (•) prohi­          that the latter product has not benefited form a produc­
bits trade between the European Community and the              tion refund as provided for in Regulation (EEC)
Federal Republic of Yugoslavia (Serbia and Montenegro) ;       No 1722/93, and that no application for such refund will
                                                               be made.
whereas this prohibition does not apply in certain situa­
tions as comprehensively listed in Articles 2, 4, 5 and 7
thereof ; whereas account should be taken of this fact         3. When the proof referred to in paragraph 2 is not
when fixing the refunds ;                                      provided, the export refund :
Whereas in particular the export refund for unprocessed        (a) applicable on the date of acceptance of the export
starches falling within CN code 1108 is granted only if              declaration for the goods, or on the day specified in
the dry matter content is at least 77 % in the case of               Article 26 (2) of Regulation (EEC) No 3665/87, where
potato starch and at least 84 % in the case of cereal star­          the rate is not fixed in advance ;
ches ;
                                                               (b) of which the rate is fixed in advance,
Whereas with regard to potatoes, only potato starches are      will be reduced by the amount of the production refund
subject to common organization of the market, conse­           applicable pursuant to Regulation (EEC) No 1722/93 to
quently steps should be taken to specify the terms that        the basic product in question on the day of acceptance of
these potato starches should meet in order to qualify for      the export declaration for the goods, or on the day speci­
refunds ;                                                      fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
                                                               the goods have been placed under the export refund
                                                               advance payment arrangements.
Whereas, in respect of glucose syrup and maltodextrine
syrup, the dry extract content for which the rate of refund
is set should be specified ;
                                                                                           Article 2
Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its           1 . The refund for starches and potato starch falling
chairman,                                                      within CN code 1 108 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
                                                                those products attesting that they have been directly
HAS ADOPTED THIS REGULATION :
                                                                produced from cereals, potatoes or rice excluding all use
                                                                of subproducts obtained in the production of other agri­
                                                                cultural products or goods.
                           Article 1
                                                                The above declaration can be considered valid, until revo­
 1 . Without prejudice to paragraphs 2 and 3 the rates of       cation, for all supplies from the same producer ; it shall
the refunds applicable to the basic products appearing in       be verified in accordance with the provisions of Article 8
Annex A to Regulation (EEC) No 3035/80 and listed               (1 ) and the first indent of paragraph 2 of Regulation (EEC)
either in Article 1 of Regulation (EEC) No 1766/92 or in        No 3035/80 .
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in
the form of goods listed in Annex B to Regulation (EEC)         2. Where the dry-extract content of potato starch assi­
 No 1766/92 or in Annex B to Regulation (EEC) No                milated to maize starch pursuant to Article 1 (2) (a) of
 1418/76 respectively, are hereby fixed as shown in the         Regulation (EEC) No 3035/80 is 80 % or higher, die rate
Annex to this Regulation.                                       of the export refund shall be as laid down in the Annex ;
                                                                where the dry-extract content is less than 80 % the rate of
2. For the products listed in the Annex I to Regulation         the refund shall be the amount laid down in the Annex
(EEC) No 1722/93 the refunds given in the Annex to this         multiplied by l /80th of the actual dry-extract percentage.
 Regulation shall be applied on presentation, at the accep­
tance of the export declaration and the request for obtai­      For all other starches with a dry-extract content of 87 %
 ning the export refund, of proof that the basic products       or more, the rate of the export refund shall be as laid
used in the manufacture of the products to be exported          down in the Annex ; where the dry-extract content is less
have not benefited from the production refund provided          then 87 % the amount of the refund shall be the rate laid
                                                                down in the Annex multiplied by 1 /87th of the actual
O OJ No L 102, 28. 4. 1993, p. 14.                              dry-extract percentage.
 ---pagebreak--- 1 . 3 . 94                           Official Journal of the European Communities                            No L 57/35
3 . For the purposes of paragraph 1 above, the                 content of the said syrups is less than 78 %, the rate
dryextract content of starches shall be determined using       applied shall be equal to the rate of refund set in accor­
the method applied to flour in Annex II to Commission          dance with the Annex multiplied by the actual percentage
Regulation (EEC) No 1908/84 ('), as last amended by            of dry extract and divided by 78 .
Regulation (EEC) No 2507/87 (2).
                                                               2. For the purposes of the preceding paragraph, the dry
4. At the time of application for the export refund for        matter content of glucose syrup or maltodextrine syrup
                                                               shall be determined in accordance with Method 2
the goods the applicant must declare the dry-extract           described in Annex II to Council Directive 79/796/EEC
content of the starches concerned, unless this information
has been recorded by the competent authorities referred        (3), or in accordance with any other appropriate method of
to in Article 3 (2) of Regulation (EEC) No 3035/80, in         analysis which offer at least the same guarantees.
accordance with the provisions of that paragraph.              3. When applying for the export refund, the applicant
                                                               must state the dry extract content of the glucose syrup
                                                               and maltodextrine syrup used, unless this information has
                         Article 3
                                                               been recorded by the competent body referred to in
                                                               Article 3 (2) of Regulation (EEC) No 3035/80, as provided
 1 . If the dry extract content of glucose syrup or malto­     for in that paragraph.
dextrine syrup falling within CN code 1702 30 59,
 1702 30 99, 1702 40 90, 1702 90 50 or 2106 90 55 is                                     Article 4
greater than or equal to 78 % , the rate of refund shall be
that set in accordance with the Annex ; if the dry extract     This Regulation shall enter into force on 1 March 1 994.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at Brussels, 28 February 1994.
                                                                          For the Commission
                                                                          Martin BANGEMANN
                                                                              Vice-President
(') OJ No L 178, 5. 7. 1984, p. 22.
O OJ No L 235, 20. 8. 1987, p. 10.                              (3) OJ No L 239, 22. 9. 1979, p. 24.
 ---pagebreak--- No L 57/36                          Official Journal of the European Communities                                   1 . 3 . 94
                                                             ANNEX
           to the Commission Regulation of 28 February 1994 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 100 kg of basic
                                                                                                   product (2)
               1001 10 00    Durum wheat :
                             — used unprocessed :
                             — — on exports of goods falling within CN codes 1902 11 and
                                   1902 19 to the United States of America                             —
                             — — in all other cases                                                    —
                             — used in the form of :
                             — — pellets of CN code 1103, 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 1104                                                  —
                             — — 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                            2,080
                             — — in all other cases                                                   3,467
                             — used in the form of :
                             — — pellets of CN code 1103, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                     2,080
                             — — hulled grains of CN code 1 104 and starch of CN code 1 108           3,120
                             — — germ of CN code 1104                                                 1,213
                             — — gluten of CN code 1109                                                —
                             — — other (except flours of CN code 1101 , and groats and meal of
                                   CN code 1103                                                       3,467
               1002 00 00    Rye :
                             — used unprocessed                                                       3,467
                             — used in the form of :
                             — — pellets of CN code 1103, or pearled grains of CN code 1104           2,080
                                   rolled or flaked grains and hulled grains of CN code 1 104         3,120
                             —  — germ of CN code 1104                                                1,245
                             —  — starch of CN code 1108 19 90                                        3,557
                             —   — gluten of CN code 2303 10 90                                        —
                             —  — other (except flours of CN code 1102)                               3,467
               1003 00 90    Barley :
                             — used unprocessed                                                       6,823
                             — 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                4,776
                             — — pellets of CN code 1103                                              4,094
                             — — germs of CN code 1104                                                1,245
                                   starch of CN code 1108 19 90                                       3,557
                             — — gluten of CN code 2303 10 90                                          —
                             — — other                                                                6,823
 ---pagebreak--- 1 . 3 . 94                               Official Journal of the European Communities                                              No L 57/37
                                                                                                                 Rate of refund
                 CN code                                 Description of products (')                           per 100 kg of basic
                                                                                                                   product (2)
               1004 00 00        Oats :
                                  — used unprocessed                                                                  6,440
                                  — used in the form of :
                                        pellets of CN code 1103, and pearled grains of CN code
                                        1104                                                                          3,864
                                        rolled or flaked grains and hulled grains of CN code 1 104                    5,796
                                  — — germs of CN code 1104                                                            1,245
                                        starch of CN code 1108 19 90                                                  3,557
                                  — — gluten of CN code 2303 10 90                                                     —
                                  — — other                                                                           6,440
                1005 90 00       Maize (Corn) :
                                  — used unprocessed                                                                   3,557
                                  — used in the form of :
                                        flours of CN codes 1102 20 10 and 1102 20 90                                   2,490
                                  — — groats and meal of CN code 1003 and rolled or flaked grains
                                        of CN code 1104                                                                2,846
                                        pellets of CN code 1103                                                        2,134
                                  — — hulled or perled grains of CN code 1104                                          3,201
                                  — — germs of CN code 1104                                                            1,245
                                  — — starch of CN code 1108 12 00                                                     3,557
                                        gluten of CN code 2303 10 11                                                   1,423
                                  — — other (3)                                                                        3,557
                1006 20           Round grain husked rice                                                            1 8,290
                                  Medium grains husked rice                                                          16,284
                                  Long grain husked rice                                                             16,284
           ex 1006 30             Round grain wholly-milled rice                                                     23,600
                                  Medium grain wholly-milled rice                                                    23,600
                                  Long grain wholly-milled rice                                                      23,600
                1006 40 00        Broken rice :
                                  — used unprocessed                                                                   5,400
                                  — used in the form of :
                                  — — flour of CN code 1102 30, groats and meal or pellets of CN
                                         code 1103                                                                     5,400
                                  — — flaked grains of CN 11041991                                                     3,240
                                  — — starch of CN code 1108 19 10                                                     5,400
                                  — — other                                                                             —
                 1007 00 90       Sorghum                                                                              6,440
                 1101 00 00       Wheat or meslin flour :
                                  — on exports of goods falling within CN codes 190211 and
                                      1902 19 to the United States of America                                          2,559
                                   — in all other cases                                                                4,264
                 11021000         Rye flour                                                                            4,750
                 110311 10        Groats and durum wheat meal :
                                   — on exports of goods falling within CN codes 190211 and
                                      1902 19 to the United States of America                                            —
                                   — in all 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                                           2,559
                                   — in all other cases                                                                 4,264
           (') 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.