CELEX: 31990R1832
Language: en
Date: 1990-06-30 00:00:00
Title: Commission Regulation (EEC) No 1832/90 of 29 June 1990 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

No L 167/88                                 Official Journal of the European Communities                                30 . 6. 90
                                        COMMISSION REGULATION (EEC) No 1832/90
                                                           of 29 June 1990
                    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
                                                                            which are manufactured under similar conditions :
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
No 1340/90 (2), and in particular the first sentence of the           (c) the need to ensure equality of competition for the
fourth subparagraph of Article 16 (2) thereof,                              industries which use Community products and those
                                                                            which use third-country products under inward
                                                                            processing arrangements ;
Having regard to Council Regulation (EEC) No 1418/76
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           Whereas in the absence of evidence that no production
fourth subparagraph of Article 17 (2) thereof,                         refund was granted pursuant to Council Regulation (EEC)
                                                                       No 1009/86 of 25 March 1986 establishing general rules
                                                                       applying to production refunds in the cereals and rice
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                 sector Q, as last amended by Regulation (EEC) No
and Article 17 (1 ) of Regulation (EEC) No 1418/76                     2779/89 (8), the export refund should be reduced by the
                                                                       amount of the production refund applicable on the day of
provides that the difference between quotations of prices              acceptance of the export declaration • whereas this system
on the world market for the products listed in Article 1 of            is the only one wich avoids the risk of fraud ;
each of those Regulations and the prices within the
Community may be covered by an export refund ;
                                                                       Whereas Commission Regulation (EEC) No 28/90 (s)
Whereas Council Regulation (EEC) No 3035/80 of 1 1                     specifies new criteria for the classification of products
November 1980 laying down general rules for granting                   falling within CN code 3505 10 50 ; whereas it is there­
export refunds on certain agricultural products exported               fore necessary to adopt certain provisions to ensure the
in the form of goods not covered by Annex II to the                    deduction from any export refund payable of the amount
Treaty, and the criteria for fixing the amount of such                 of the production refund in cases where the product in
refunds (*), as last amended by Regulation (EEC) No                    question has previously benefited from a production
3209/88 (*), specifies the products for which a rate of                refund pursuant to Regulation (EEC) No 1009/86, prior to
refund should be fixed, to be applied where these                      the implementation of the new criteria ;
products are exported in the form of goods listed in
Annex B to Regulation (EEC) No 2727/75 or in Annex B
to Regulation (EEC) No 1418/76 as appropriate ;                        Whereas Council Regulation (EEC) No 565/80 of 4
                                                                       March 1980 on the advance payment of export refunds in
                                                                       respect of agricultural products (10), as amended by Regu­
Whereas, in accordance with the first subparagraph of                  lation (EEC) No 2026/83 (u), and Commission Regulation
Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of            (EEC) No 3665/87 of 27 November 1987 laying down
the refund per 100 kilograms for each of the basic                     common detailed rules for the application of the system
products in question must be fixed for each month ;                    of export refunds on agricultural products (u), as last
                                                                       amended by Regulation (EEC) No 1615/9Q (U), lay down
                                                                       rules on the advance payment of export refunds that must
Whereas, in accordance with paragraph 2 of that Article,               be adhered to when these are adjusted ;
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 268, 15. 9. 1989, p. 20.
0   OJ No   L   134,  28. 5. 1990, p. 1 .                              O OJ No L 3, 6. 1 . 1990, p. 9.
0   OJ No   L   166,  25. 6. 1976, p. 1 .                              (1#) OJ No L 62, 7. 3. 1980, p. 5.
(4) OJ No   L   177,  24. 6. 1989, p. 1 .                              (") OJ No L 199, 22. 7. 1983, p. 12.
0   OJ No   L   323,  29. 11 . 1980, p. 27.                            (12) OJ No L 351 , 14. 12. 1987, p. 1 .
0   OJ No   L   286,  20. 10. 1988 , p. 6.                              >3) OJ No L 152, 16. 6. 1990, p. 33 .
 ---pagebreak--- 30 . 6. 90                            Official Journal of the European Communities                            No L 167/89
Whereas, now that a settlement has been reached between          Regulation shall be applied on presentation, at the accept­
the European Economic Community and the United                   ance of the export declaration and the request for obtain­
States of America on Community exports of pasta                  ing the export refund, of proof that the basic products
products to the United States and has been approved by           used in the manufacture of the products to be exported
Council Decision 87/482/EEC ('), it is necessary to differ­      have not benefited from the production refund provided
entiate the refund on goods falling within CN codes              for in that Regulation, and that such refund will not be
190211 00 and 190219 according to their destination ;            applied for.
Whereas, in order to ensure equitable treatment between          The proof referred to in the first subparagraph is provided
maize products exported in the form of pellets falling           by the presentation by the exporter of a declaration from
within CN code 1904 10 and other maize products, it is           the processor of the basic product in question attesting
necessary to differentiate the refunds on those goods ;          that the latter product has not benefited from a produc­
                                                                 tion refund as provided for in Regulation (EEC) No
Whereas, in view of the present circumstances in the             1009/86, and that no application for such refund will be
German Democratic Republic and their effects on the              made.
market situation, no refund should be fixed for products
to be exported to that destination ;                             3. When the proof referred to in paragraph 2 is not
                                                                 provided, the export refund :
Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its            (a) applicable on the date of acceptance of the export
chairman,                                                            declaration for the goods, or on the day specified in
                                                                     Article 26 (2) of Regulation (EEC) No 3665/87, where
                                                                     the rate is not fixed in advance ;
HAS ADOPTED THIS REGULATION :
                                                                 (b) of which the rate is fixed in advance,
                           Article 1
                                                                 will be reduced by the amount of the production refund
                                                                 applicable pursuant to Regulation (EEC) No 1009/86 to
1 . Without prejudice to paragraphs 2 and 3 the rates of         the basic product in question on the day of acceptance of
the refunds applicable to the basic products appearing in        the export declaration for the goods, or on the day speci­
Annex A to Regulation (EEC) No 3035/80 and listed                fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
either in Article 1 of Regulation (EEC) No 2727/75 or in         the goods have been placed under the export refund
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in       advance payment arrangements.
the form of goods listed in Annex B to Regulation (EEC)
No 2727/75 or in Annex B to Regulation (EEC) No                                            Article 2
1418/76 respectively, are hereby fixed as shown in the
Annex to this Regulation.                                        The provisions of Article 1 (2) and (3) of this Regulation
                                                                 shall also apply to starches having on acetyl content by
However, no refund shall be fixed for such products              weight in the dry product of 0,25 % or more but less than
exported with destination the German Democratic Repu­            0,5 %
blic .
                                                                                           Article 3
2. For the products listed in the Annex to Regulation
(EEC) No 1009/86, the refunds given in the Annex to this         This Regulation shall enter into force on 1 July 1990.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                   Done at Brussels, 29 June 1990.
                                                                           For the Commission
                                                                          Martin BANGEMANN
                                                                               Vice-President
(') OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 167/90                      Official Journal of the European Communities                              30 . 6. 90
                                                        ANNEX
            to the Commission Regulation of 29 June 1990 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
                                                                                              (ECU/100 kg)
                                                                                                  Rate
                   CN code                                Description                          of refund
                  1001 10 90      Durum wheat :
                                  — On exports of goods falling within CN codes
                                      1902 1 1 00 and 1902 19 to the United States of America    7,070
                                  — In all other cases                                           9,427
                (
                  1001 90 99      Common wheat, and meslin (mixed wheat and rye) :
                                  — On exports of goods falling within CN codes
                                      1902 11 00 and 1902 19 to the United States of America     4,853 •
                                  — In all other cases                                            6,471
                  1002 00 00      Rye                                                            6,332
                  1003 00 90      Barley '                                                        5,725
                  1004 00 90      Oats                                                            5,433
                  1005 90 00      Maize, other than hybrid maize for sowing) :
                                  — On exports of pellets with a fat content exceeding
                                      1,5 % in the form of goods falling within CN code
                                      1904 10                                                     5,100
                                  — In all other cases                                           9,000
                  1006 20         Round grain husked rice                                       23,432
                                  Medium grain husked rice                                      18,213
                                  Long grain husked rice                                        18,213
             ex 1006 30           Round grain wholly milled rice                                32,195
                                  Medium grain wholly milled rice                               34,966
                                  Long grain wholly milled rice                                 34,966
                  1006 40 00      Broken rice                                                   16,089
                  1007 00 90      Sorghum                                                         6,380
                  1101 00 00      Wheat or meslin flour :
                                  — On     exports of goods falling within CN codes
                                      1902 1 1 00 and 1902 19 to the United States of America     5,720
                                  — In air other cases                                            7,627
                  1102 10 00      Rye flour                                                     15,854
                  1103 11 10      Durum wheat groats and meal :
                                  — On exports of goods falling within CN codes
                                      1902 11 00 and 1902 19 to the United States of America    10,959
                                  — In all other cases                                          14,612
                  1103 11 90      Common wheat groats and meal :
                                  — On exports of goods falling within CN codes
                                      1902 11 00 and 1902 19 to the United States of America      5,720
                                  — In all other cases                                            7,627