CELEX: 31992R0488
Language: en
Date: 1992-02-29 00:00:00
Title: Commission Regulation (EEC) No 488/92 of 28 February 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

29 . 2. 92                                 Official Journal of the European Communities                             No L 55/29
                                         COMMISSION REGULATION (EEC) No 488/92
                                                        of 28 February 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,
                                                                     (b) the level of the refunds on exports of processed agri­
Having regard to Council Regulation (EEC) No 2727/75                       cultural products covered by Annex II to the Treaty
of 29 October 1975 on the common organization of the                       which are manufactured under similar conditions ;
market in cereals ('), as last amended by Regulation (EEC)
 No 3577/90 (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
                                                                           which use third-country products under inward
 Having regard to Council Regulation (EEC) No 1418/76                      processing arrangements ;
of 21 June 1976 on the common organization of the
 market in rice (3), as last amended by Regulation (EEC)
 No 1806/89 (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)
                                                                      No 1009/86 of 25 March 1986 establishing general rules
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                applying to production refunds in the cereals and rice
 and Article 17 (1 ) of Regulation (EEC) No 1418/76                   sector f), as last amended by Regulation (EEC)
 provides that the difference between quotations of prices            No 3655/90 (8), the export refund should be reduced by
on the world market for the products listed in Article 1 of           the amount of the production refund applicable on the
each of those Regulations and the prices within the                   day of acceptance of the export declaration ; whereas this
 Community may be covered by an export refund ;                       system is the only one wich avoids the risk of fraud ;
Whereas Council Regulation (EEC) No 3035/80 of                        Whereas Council Regulation (EEC) No 565/80 of
 11 November 1980 laying down general rules for granting              4 March 1980 on the advance payment of export refunds
 export refunds on certain agricultural products exported             in respect of agricultural products (9), as amended by
 in the form of goods not covered by Annex II to the                  Regulation (EEC) No 2026/83 (10), and Commission Regu­
Treaty, and the criteria for fixing the amount of such                lation (EEC) No 3665/87 of 27 November 1987 laying
refunds (5), as last amended by Regulation (EEC)                      down common detailed rules for the application of the
No 3381 /90 (6), specifies the products for which a rate of           system of export refunds on agricultural products ("), as
refund should be fixed, to be applied where these                     last amended by Regulation (EEC) No 1615/90 ( 12), lay
products are exported in the form of goods listed in                  down rules on the advance payment of export refunds
Annex B to Regulation (EEC) No 2727/75 or in Annex B                  that must be adhered to when these are adjusted ;
to Regulation (EEC) No 1418/76 as appropriate ;
Whereas, in accordance with the first subparagraph of                 Whereas, now that a settlement has been reached between
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of            the European Economic Community and the United
the refund per 100 kilograms for each of the basic                    States of America on Community exports of pasta
products in question must be fixed for each month ;                   products to the United States and has been approved by
                                                                      Council Decision 87/482/EEC (l3), it is necessary to differ­
                                                                      entiate the refund on goods falling within CN codes
Whereas, in accordance with paragraph 2 of that Article,               1902 11 00 and 1902 19 according to their destination ;
that rate must be determined with particular reference to :
                                                                      0 OJ No L 94, 9. 4.    1986, p. 6.
(') OJ  No  L  281 , 1 . 11 . 1975, p. 1 .                            (8) OJ No L 362, 27.   12. 1990, p. 33 .
(2) OJ  No  L  353,  17. 12. 1990, p. 23.                             O OJ No L 62, 7. 3 .   1980, p. 5.
0   OJ  No  L  166,  25. 6. 1976, p. 1 .                              (10) OJ No L 199, 22.  7. 1983, p. 12.
(4) OJ  No  L  177,  24. 6. 1989, p. 1 .                              (") OJ No L 351 , 14.   12. 1987, p. 1 .
0   OJ  No  L  323,  29. 11 . 1980, p. 27.                            (,2) OJ No L 152, 16.   6. 1990, p. 33 .
(*) OJ  No  L  327,  27. 11 . 1990, p. 4.                             H OJ No L 275, 29 .    9 . 1987, p. 36 .
 ---pagebreak--- No L 55/30                           Official Journal of the European Communities                                29 . 2. 92
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 ;
                                                               The proof referred to in the first subparagraph is provided
Whereas the measures provided for in this Regulation are        by the presentation by the exporter of a declaration from
in accordance with the opinion of the Management                the processor of the basic product in question attesting
Committee for Cereals,                                          that the latter product has not benefited from a produc­
                                                                tion refund as provided for in Regulation (EEC)
                                                                No 1009/86, and that no application for such refund will
HAS ADOPTED THIS REGULATION :                                   be made.
                                                                3. When the proof referred to in paragraph 2 is not
                          Article 1
                                                                provided, the export refund :
1 . Without prejudice to paragraphs 2 and 3 the rates of        (a) applicable on the date of acceptance of the export
the refunds applicable to the basic products appearing in           declaration for the goods, or on the day specified in
Annex A to Regulation (EEC) No 3035/80 and listed                   Article 26 (2) of Regulation (EEC) No 3665/87, where
either in Article 1 of Regulation (EEC) No 2727/75 or in            the rate is not fixed in advance ;
Article 1 (1) of Regulation (EEC) No 1418/76, exported in       (b) of which the rate is fixed in advance,
the form of goods listed in Annex B to Regulation (EEC)
No 2727/75 or in Annex B to Regulation (EEC)                    will be reduced by the amount of the production refund
No 1418/76 respectively, are hereby fixed as shown in           applicable pursuant to Regulation (EEC) No 1009/86 to
the Annex to this Regulation.                                   the basic product in question on the day of acceptance of
                                                                the export declaration for the goods, or on the day speci­
2. For the products listed in the Annex to Regulation           fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
(EEC) No 1009/86, the refunds given in the Annex to this        the goods have been placed under the export refund
Regulation shall be applied on presentation, at the accept­     advance payment arrangements.
ance of the export declaration and the request for obtain­
ing the export refund, of proof that the basic products                                   Article 2
used in the manufacture of the products to be exported
have not benefited from the production refund provided          This Regulation shall enter into force on 1 March 1992.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                  Done at Brussels, 28 February 1992.
                                                                          For the Commission
                                                                          Martin BANGEMANN
                                                                              Vice-President
 ---pagebreak--- 29. 2. 92                          Official Journal of the European Communities                                   No L 55/31
                                                            ANNEX
          to the Commission Regulation of 28 February 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 the
                                                             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
                                   190219 to the United States of America                            6,113
                             — — in all other cases                                                 11,114
                             — used in the form of :
                             — — pellets of CN code 1103, or grains otherwise worked (other
                                  than hulled, kibbled, or germ) of CN code 1104                     4,662
                             — — hulled grains of CN code 1104 and starch of CN code 1108            6,993
                                  germ of CN code 1104                                               2,720
                             — — gluten of CN code 1109                                               —
                             — — other (except flours of CN code 1101 and groats and meal of
                                  CN code 1103)                                                      7,770
              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                           4,274
                             — — in all other cases                                                  7,770
                            — 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                     4,662
                            — — hulled grains of CN code 1104 and starch of CN code 1108             6,993
                            — — germ of CN code 1104                                                 2,720
                            — — gluten of CN code 1109                                                —
                            — — other (except flours of CN code 1101 , and groats and meal of
                                  CN code 1103                                                       7,770
              1002 00 00    Rye :
                            — used unprocessed                                                      10,946
                            — used in the form of :
                            — — pellets of CN code 1103, or pearled grains of CN code 1104           6,568
                            — — rolled or flaked grains and hulled grains of CN code 1 104           9,851
                            — — germ of CN code 1104                                                 2,943
                                  starch of CN code 1108 19 90                                       8,408
                            — — gluten of CN code 2303 10 90                                          —
                            — — other (except flours of CN code 1102)                              10,946
              1003 00 90    Barley :
                            — used unprocessed                                                       9,315
                            — 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                6,520
                            — — pellets of CN code 1103                                              5,589
                                  germs of CN code 1104                                              2,943
                            — — starch of CN code 1108 19 90                                         8,408
                            — — gluten of CN code 2303 10 90                                          —
                                  other                                                              9,315
 ---pagebreak--- No L 55/32                                Official Journal of the European Communities                                            29 . 2. 92
                                                                                                               Rate of refund
                 CN code                                 Description of products (')                         per 100 kg of basic
                                                                                                                   product
                1004 00 90        Oats :
                                   — used unprocessed                                                               10,114
                                   — used in the form of :
                                         pellets of CN code 1103, and pearled grains of CN code
                                         1104                                                                        6,068
                                   — — rolled or flaked grains and hulled grains of CN code 1 104                    9,102
                                   — — germs of CN code 1 104                                                        2,943
                                         starch of CN code 1108 19 90                                                8,408
                                         gluten of CN code 2303 10 90                                                 —
                                         other                                                                      10,114
                1005 90 00        Maize (Corn) :
                                   — used unprocessed                                                                8,408
                                   — used in the form of :
                                   — — flours of CN codes 1102 20 10 and 11022090                                    5,885
                                         groats and meal of CN code 1003 and rolled or flaked grains
                                         of CN code 1104                                                             6,726
                                         pellets of CN code 1103                                                     5,045
                                   — —   hulled or perled grains of CN code 1104                                     7,567
                                         germs of CN code 1104                                                       2,943
                                   — —   starch of CN code 1108 12 00                                                8,408
                                   — —   gluten of CN code 2303 10 11                                                3,363
                                   — —   other                                                                       8,408
                1006 20           Round grain husked rice                                                           23,854
                                  Medium grains husked rice                                                         19,095
                                   Long grain husked rice                                                           19,095
           ex 1006 30             Round grain wholly-milled rice                                                    30,905
                                  Medium grain wholly-milled rice                                                   35,730
                                  Long grain wholly-milled rice                                                     35,730
                1006 40 00        Broken rice :
                                   — used unprocessed                                                               14,301
                                   — used in the form of :
                                   — — flour of CN code 1102, groats and meal or pellets of CN
                                         code 1103                                                                  14,301
                                   — — flaked grains of CN 1104                                                      8,581
                                         starch of CN code 1108 19 10                                               14,301
                                   — — other                                                                          —
                1007 00 90        Sorghum                                                                            6,014
                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                                         5,036
                                   — in all other cases                                                              9,156
                1102 10 00        Rye flour                                                                        21,032
                1103 11 10        Durum wheat groats and meal :
                                   - on exports of goods falling within CN codes 1902 11 and
                                     1902 19 to the United States of America                                         9,475
                                   — in all other cases                                                             17,227
                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                                         5,036
                                   — in all other cases                                                              9,156
           (') 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.