CELEX: 31992R2541
Language: en
Date: 1992-09-01 00:00:00
Title: Commission Regulation (EEC) No 2541/92 of 31 August 1992 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 . 9 . 92                                  Official Journal of the European Communities                            No L 254/ 51
                                        COMMISSION REGULATION (EEC) No 2541/92
                                                          of 31 August 1992
                   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,
Having regard to Council Regulation (EEC) No 2727/75                   (b) the level of the refunds on exports of processed agri­
of 29 October 1975 on the common organization of the                         cultural products covered by Annex II to the Treaty
market in cereals ('), as last amended by Regulation (EEC)                   which are manufactured under similar conditions ;
No 1738/92 (2), and in particular the first sentence of the
fourth subparagraph of Article 16 (2) thereof,
                                                                       (c) the need to ensure equality of competition for the
                                                                             industries which use Community products and those
 Having regard to Council Regulation (EEC) No 1418/76                        which use third-country products under inward
 of 21 June 1976 on the common organization of the                           processing arrangements ;
 market in rice (3), as last amended by Regulation (EEC)
 No 674/92 (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 Council Regulation (EEC)
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                  No 1009/86 of 25 March 1986 establishing general rules
 and Article 17 (1 ) of Regulation (EEC) No 1418/76                     applying to production refunds in the cereals and rice
 provide that the difference between quotations of prices               sector Q, as last amended by Regulation (EEC)
 on the world market for the products listed in Article 1 of            No 1309/92 (8), the export refund should be reduced by
 each of those Regulations and the prices within the                    the amount of the production refund applicable on the
 Community may be covered by an export refund ;                        day of acceptance of the export declaration ; 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 (9), as amended by
 refunds 0, as last amended by Regulation (EEC)                         Regulation (EEC) No 2026/83 (l0), 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 (' '), as
 Annex B to Regulation (EEC) No 2727/75 or in Annex B                   last amended by Regulation (EEC) No 887/92 (l2), 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             Whereas, now that a settlement has been reached between
 the refund per 100 kilograms for each of the basic                     the European Economic Community and the United
 products in question must be fixed for each month ;                    States of America on Community exports of pasta
                                                                        products to the United States and has been approved by
                                                                        Council Decision 87/482/EEC (u), it is necessary to diffe­
 Whereas, in accordance with paragraph 2 of that Article,               rentiate the refund on goods falling within CN codes
 that rate must be determined with particular reference to :
                                                                        O OJ    No L 94, 9 . 4. 1986, p. 6.
 (') OJ  No L   281 , 1 . 11 . 1975, p. 1 .                             (8) OJ  No L 139, 22. 5. 1992, p. 47.
 0   OJ  No L   180, 1 . 7. 1992, p. 1 .                               O OJ     No L 62, 7. 3. 1980, p. 5.
 0   OJ  No L   166, 25. 6. 1976, p. 1 .                                (,0) OJ  No L 199, 22. 7. 1983, p. 12.
 (4) OJ  No L   73, 19. 3. 1992, p. 7.                                 (") OJ    No L 351 , 14. 12. 1987, p. 1 .
 0   OJ  No L   323, 29. 11 . 1980, p. 27.                              H OJ No L 95, 9. 4. 1992, p. 20.
 («) OJ  No L   327, 27. 11 . 1990, p. 4.                               H OJ No L 275, 29 . 9. 1987, p. 36.
 ---pagebreak--- No L 254/52                           Official Journal of the European Communities                                     1 . 9. 92
190211 00 and 1902 19 according to their destination ;          The proof referred to in the first subparagraph is provided
                                                                by the presentation by the exporter of a declaration from
Whereas, for the application of Article 4 (2) (b) of Regula­
                                                                the processor of the basic product in question attesting
                                                                 that the latter product has not benefited form a produc­
tion (EEC) No 3035/80, it is necessary to differentiate the      tion refund as provided for in Regulation (EEC)
refunds ;
                                                                 No 1009/86, and that no application for such refund will
                                                                 be made.
Whereas Council Regulation (EEC) No 1432/92 ('), as
amended by Regulation (EEC) No 201 5/92 (2), prohibits
trade between the Community and the Republics of                 3. When the proof referred to in paragraph 2 is not
Serbia and Montenegro ; whereas this prohibition does            provided, the export refund :
not apply to certain situations as given in the limitative
enumeration laid down in Articles 2 and 3 ; whereas this         (a) applicable on the date of acceptance of the export
should be taken into account when refunds are fixed ;                   declaration for the goods, or on the day specified in
                                                                        Article 26 (2) of Regulation (EEC) No 3665/87, where
Whereas in particular the export refund for unprocessed                 the rate is not fixed in advance ;
starches falling within CN code 1108 is granted only if          (b) of which the rate is fixed in advance,
the dry matter content is at least 77 % in the case of
potato starch and at least 84 % in the case of cereal star­      will be reduced by the amount of the production refund
 ches ;                                                           applicable pursuant to Regulation (EEC) No 1009/86 to
                                                                  the basic product in question on the day of acceptance of
 Whereas with regard to potatoes, only potato starches are        the export declaration for the goods, or on the day speci­
 subject to common organization of the market, conse­             fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
 quently steps should be taken to specify the terms that          the goods have been placed under the export refund
 these potato starches should meet in order to qualify for        advance payment arrangements.
 refunds ;
 Whereas the Management Committee for Cereals has not
 delivered an opinion within the time limit set by its                                        Article 2
 chairman,
                                                                  1.      The refund for starches and potato starch falling
                                                                  within CN code 1108 or products falling within Annex A
                                                                  to Regulation (EEC) No 2727/75 resulting from the
 HAS ADOPTED THIS REGULATION :
                                                                  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
                                                                  produced from cereals, potatoes or rice excluding all use
                            Article 1                             of subproducts obtained in the production of other agri­
                                                                  cultural products or goods.
  1 . Without prejudice to paragraphs 2 and 3 the rates of
 the refunds applicable to the basic products appearing in        The above declaration can be considered valid, until revo­
 Annex A to Regulation (EEC) No 3035/80 and listed                cation, for all supplies from the same producer ; it shall
 either in Article 1 of Regulation (EEC) No 2727/75 or in         be verified in accordance with the provisions of Article 8
 Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in       ( 1 ) and the first indent of paragraph 2 of Regulation (EEC)
 the form of goods listed in Annex B to Regulation (EEC)          No 3035/80 .
  No 2727/75 or in Annex B to Regulation (EEC) No
  1418/76 respectively, are hereby fixed as shown in the
 Annex to this Regulation.                                        2. Where the dry-extract content of potato starch assi­
                                                                  milated to maize starch pursuant to Article 1 (2) (a) of
                                                                  Regulation (EEC) No 3035/80 is 80 % or higher, the rate
 2. For the products listed in the Annex to Regulation            of the export refund shall be as laid down in the Annex ;
 (EEC) No 1009/86, the refunds given in the Annex to this         where the dry-extract content is less than 80 % the rate of
 Regulation shall be applied on presentation, at the accep­       the refund shall be the amount laid down in the Annex
 tance of the export declaration and the request for obtai­        multiplied by l /80th of the actual dry-extract percentage.
  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           For all other starches with a dry-extract content of 87 %
  for in that Regulation, and that such refund will not be        or more, the rate of the export refund shall be as laid
  applied for.                                                     down in the Annex ; where the dry-extract content is less
                                                                   then 87 % the amount of the refund shall be the rate laid
  (') OJ No L 151 , 3. 6. 1992, p. 4.                             down in the Annex multiplied by l /87th of the actual
  0 OJ No L 205, 22. 7. 1992, p. 2.                                dry-extract percentage.
 ---pagebreak--- 1 . 9 . 92                           Official Journal of the European Communities                       No L 254/53
3. For the purposes of paragraph 1 above, the                  has been recorded by the competent authorities referred
dryextract content of starches shall be determined using       to in Article 3 (2) of Regulation (EEC) No 3035/80, in
the method applied to flour in Annex II to Commission          accordance with the provisions of that paragraph.
Regulation (EEC) No 1908/84 (').
                                                                                       Article 3
4. At the time of application for the export refund for
the goods the applicant must declare the dry-extract           This Regulation shall enter into force on 1 September
content of the starches concerned, unless this information      1992.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 31 August 1992.
                                                                       For the Commission
                                                                         Karel VAN MIERT
                                                                    Member of the Commission
 (') OJ No L 178, 5. 7. 1984, p. 22.
 ---pagebreak--- No L 254/54                          Official Journal of the European Communities                                     1 . 9. 92
                                                              ANNEX
           to the Commission Regulation of 31 August 1992 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 die
                                                               Treaty
                                                                                                    Rate of refund
                CN code                              Description of products (')                  per 100 kg of basic
                                                                                                      product (*)
             1001 10 90      Durum wheat :
                             — used unprocessed :
          \                  — — on exports of goods falling within CN codes 1902 11 and
                                    1902 19 to the United States of America                              6,168
                             — — in all other cases                                                     11,214
                              — used in the form of :
                              — — pellets of CN code 1103, or grains otherwise worked (other
                                    than hulled, kibbled, or germ) of CN code 1104                       4,920
                              — — hulled grains of CN code 1104 and starch of CN code 1108               7,380
                              — — germ of CN code 1104                                                   2,870
                              — — gluten of CN code 1109                                                  —
                              — — other (except flours of CN code 1101 and groats and meal of
                                    CN code 1103)                                                        8,200
               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                             4,510
                              — — in all other cases                                                     8,200
                              — 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                       4,920
                              — — hulled grains of CN code 1 104 and starch of CN code 1 108             7,380
                              — — germ of CN code 1104                                                   2,870
                              — — gluten of CN code 1109                                                  —
                              — — other (except flours of CN code 1101 , and groats and meal of
                                    CN code 1103                                                         8,200
               1002 00 00    Rye :
                              — used unprocessed                                                        10,143
                              — used in the form of :
                              — — pellets of CN code 1103, or pearled grains of CN code 1104             6,086
                              — — rolled or flaked grains and hulled grains of CN code 1 104             9,129
                              — — germ of CN code 1104                                                   3,079
                              — — starch of CN code 1108 19 90                                           8,797
                              — — gluten of CN code 2303 1 0 90                                            —
                              — — other (except flours of CN code 1 1 02)                               10,143
               1003 00 90     Barley :
                              — used unprocessed                                                         7,450
                              — used in the form of :                                           I
                              — — flours of CN code 1102, groats and meal of CN code 1103,
                                     or rolled, flaked or pearled grains of CN code 1104                  5,215
                              — — pellets of CN code 1103                                                4,470
                              — — germs of CN code 1104                                                  3,079
                              — — starch of CN code 1108 19 90                                            8,797
                              — — gluten of CN code 2303 10 90                                             —
                              — — other                                                                   7,450
 ---pagebreak--- 1 . 9. 92                                   Official Journal of the European Communities                                                    No L 254/55
                                                                                                                         Rate of refund
                   CN code                                    Description of products (')                              per 1 00 kg of basic
                                                                                                                            product (*)
                 1004 00 90        Oats :
                                    — used unprocessed                                                                         7,253
                                    — used in the form of :
                                    — — pellets of CN code 1103, and pearled grains of CN code
                                           1104                                                                                4,352
                                    — — rolled or flaked grains and hulled grains of CN code 1 1 04                            6,528
                                    — — germs of CN code 1104                                                                  3,079
                                    — — starch of CN code 1108 19 90                                                           8,797
                                    — — gluten of CN code 2303 10 90                                                            —
                                    — — other                                                                                  7,253
                 1005 90 00         Maize (Corn) :
                                    — used unprocessed                                                                         8,797
                                     — used in the form of :
                                     — — flours of CN codes 1102 20 10 and 1102 20 90                                          6,158
                                     — — groats and meal of CN code 1003 and rolled or flaked grains
                                           of CN code 1104                                                                     7,038
                                     — — pellets of CN code 1103                                                               5,278
                                     — — hulled or perled grains of CN code 1104                                               7,917
                                     — — germs of CN code 1104                                                                 3,079
                                     — — starch of CN code 1108 12 00                                                           8,797
                                     — — gluten of CN code 2303 10 11                                                           3,519
                                     — — other                                                                                  8,797
                 1006 20            Round grain husked rice                                                                   22,322
                                    Medium grains husked rice                                                                 22,354
                                    Long grain husked rice                                                                    22,354
            ex 1 006 30             Round grain wholly-milled rice                                                            29,095
                                    Medium grain wholly-milled rice                                                           35,556
                                    Long grain wholly-milled rice                                                             35,556
                 1006 40 00         Broken rice :
                                     — used unprocessed                                                                       1 1,946
                                     — used in the form of :
          I                          — — flour of CN code 1102, groats and meal or pellets of CN
                                           code 1 1 03                                                                        11,946
                                     — — flaked grains of CN 1 1 04                                                             7,168
                                     — — starch of CN code 1108 19 10                                                         11,946
                                     — — other                                                                                   —
                  1007 00 90        Sorghum                                                                                     6,568
                  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                                                 5,377
                                     — in all other cases                                                                       9,777
                  1102 10 00        Rye flour                                                                                 19,571
                  1103 11 10         Durum wheat groats and meal :
                                     — on exports of goods falling within CN codes 1 902 1 1 and
                                        1902 19 to the United States of America                                                 9,560
                                     — in all other cases                                                                     17,381
                  1103 11 90         Common wheat groats and meal :
                                     — on exports of goods falling within CN codes 1902 11 and
                                        1902 19 to the United States of America                                                 5,377
          l                          — in all other cases                                                                       9,777
            (') The quantities of semi-processed products used must be multiplied, as the case may be by the coefficients shown in
                Annex I to Regulation (EEC) No 2744/75.
            (*) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid supplied by
                charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council Regulation (EEC) No
                1432/92.