CELEX: 31987R3595
Language: en
Date: 1987-12-01 00:00:00
Title: Commission Regulation (EEC) No 3595/87 of 30 November 1987 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 . 12. 87                                  Official Journal of the European Communities                              No L 339/45
                                        COMMISSION REGULATION (EEC) No 3595/87
                                                        of 30 November 1987
                   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 1900/87 (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 1907/87 (4), and in particular the first sentence of the           Whereas Article 4 (3) of Regulation (EEC) No 3035/80
fourth subparagraph of Article 17 (2) thereof,                         provides that, when the rate of the refunds is being fixed,
                                                                       account should be taken, where appropriate, of produc­
                                                                        tion refunds, aids or other measures having equivalent
 Whereas Article 16 ( 1 ) of Regulation (EEC) No 2727/75               effect applicable in all Member States in accordance with
 and Article 17 ( 1 ) of Regulation (EEC) No 1418/76                    the Regulation on the common organization of the
 provides that the difference between quotations of prices              market in the product in question to the basic products
 on the world market for the products listed in Article 1 of            listed in Annex A to that Regulation or to assimilated
 each of those Regulations and the prices within the                    products ; whereas such production refunds are granted
 Community may be covered by an export refund ;                         under the conditions laid down in Council Regulation
                                                                        (EEC) No 2742/75 of 29 October 1975 on production
                                                                        refunds in the cereals and rice sectors Q, as last amended
 whereas Council Regulation (EEC) No 3035/80 of 11                      by Regulation (EEC) No 3794/85 (8), and Council Regula­
 November 1980 laying down general rules for granting                   tion (EEC) No 1009/86 of 25 March 1986 establishing
 export refunds on certain agricultural products exported               general rules applying to production refunds in the
 in the form of goods not covered by Annex II to the                    cereals and rice sector (9) ;
 Treaty, and the criteria for fixing the amount of such
 refunds 0, as last amended by Regulation (EEC) No
 2223/86 (*), specifies the products for which a rate of                 whereas account should be taken, for the purposes of
 refund should be fixed, to be applied where these                      Article 4 (3) of Regulation (EEC) No 3035/80, of the
 products are exported in the form of goods listed in                   production refund provided for in Regulation (EEC) No
 Annex B to Regulation (EEC) No 2727/75 or in Annex B                   2742/75 applicable during the month in which exporta­
 to Regulation (EEC) No 1418/76 as appropriate ;                        tion occurs ; whereas, moreover, in the absence of
                                                                        evidence that no production refund was granted under
                                                                        Regulation (EEC) No 1009/86 the export refund should
 Whereas, in accordance with the first subparagraph of                  be further reduced by the amount of the production
 Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of             refund applicable on the day of acceptance of the export
 the refund per 100 kilograms for each of the basic                     declaration ; whereas this system is the only one which
 products in question must be fixed for each month ;                    discards the risk of fraud :
 whereas, in accordance with paragraph 2 of that Article,
 that rate must be determined with particular reference to :            Whereas Council Regulation (EEC) No 565/80 of 4
                                                                        March 1 980 on the advance payment of export refunds in
                                                                         respect of agricultural products (10), as last amended by
 (') OJ No  L   281 , 1 . 11 . 1975, p. 1 .
 (2) OJ No  L   182,  3. 7. 1987, p. 40.
 (3) OJ No  L   166,  25. 6. 1976, p. 1 .                               0 OJ    No L 281 , 1 . 11 . 1975, p. 57.
 (4) OJ No  L   182,  3 . 7. 1987, p. 51 .                              (8) OJ  No L 367, 31 . 12. 1985, p. 20 .
 0   OJ No  L   323,  29. 11 . 1980, p. 27.                              0 OJ   No L 94, 9 . 4. 1986, p. 6.
 («) OJ No  L   194,  17. 7. 1986, p. 1 .                                H OJ    No L 62, 7. 3. 1980, p. 5.
 ---pagebreak--- No L 339 /46                              Official Journal of the European Communities                                 1 . 12. 87
Regulation (EEC) No 2026/83 ('), and Commission Regu­               2. For the products listed in the Annex to Regulation
lation (EEC) No 798/80 of 31 March 1980 laying down                 (EEC) No 1009/86, the refunds given in the Annex to this
general rules on the advance payment of export refunds              Regulation shall be applied on presentation, at the accept­
and positive monetary compensatory amounts in respect                ance of the export declaration and the request for obtain­
of agricultural products (2), as last amended by Regulation          ing the export refund, of proof that the basic products
(EEC) No 471 /87 (3), lay down rules on the advance                  used in the manufacture of the products to be exported
payment of export refunds that must be adhered to when               have not benefited from the production refund provided
these are adjusted ;                                                 for in that Regulation, and that such refund will not be
                                                                     applied for.
Whereas, now that a settlement has been reached between
the European Economic Community and the United                       The proof referred to in the first subparagraph is provided
 States of America on Community exports of pasta                     by the presentation by the exporter of a declaration from
 products to the United States and has been approved by              the processor of the basic product in question attesting
 Council Decision 87/482/EEC (4), it is necessary to differ­         that the latter product has not benefited from a produc­
 entiate the refund on goods falling within Common                   tion refund as provided for in Regulation (EEC) No
 Customs Tariff heading No 19.03 according to their desti­            1009/86, and that no application for such refund will be
 nation.                                                              made .
 Whereas the measures provided for in this Regulation are             3 . When the proof referred to in paragraph 2 is not
 in accordance with the opinion of the Management                     provided, the export refund :
 Committee for Cereals,                                               (a) applicable on the date of export of the goods, when
                                                                          the rate is not fixed in advance ; or
 HAS ADOPTED THIS REGULATION :                                        (b) of which the rate is fixed in advance,
                                                                      will be reduced by the amount of the production refund
                              Article 1                               applicable under Regulation (EEC) No 1009/86 to the
                                                                      basic product in question on the day of acceptance of the
 1 . Without prejudice to paragraphs 2 and 3 the rates of             export declaration for the goods, or on the day specified
 the refunds applicable to the basic products appearing in            in Article 3 (2) of Regulation (EEC) No 798/80, if the
 Annex A to Regulation (EEC) No 3035/80 and listed                    goods have been placed under the export refund advance
 either in Article 1 of Regulation (EEC) No 2727/75 or in             payment arrangements .
 Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in
 the form of goods listed in Annex B to Regulation (EEC)                                       Article 2
 No 2727/75 or in Annex B to Regulation (EEC) No
  1418/76 respectively, are hereby fixed as shown in the              This Regulation shall enter into force on 1 December
 Annex to this Regulation .                                            1987.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 30 November 1987.
                                                                                For the Commission
                                                                                 Frans ANDRIESSEN
                                                                                    Vice-President
  (') OJ No   L  199, 22. 7. 1983, p. 12.
  (2) OJ No   L  87, 1 . 4. 1980, p. 42.
  (3) OJ No   L  48, 17. 2. 1987, p. 10.
  (4) OJ No   L  275, 29. 9. 1987, p. 36.
 ---pagebreak--- 1 . 12. 87                      Official Journal of the European Communities                          No L 339/47
                                                      ANNEX
           to the Commission Regulation of 30 November 1987 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)
                   CCT
                                                                                               Rate
                  heading                                Description                        of refund
                    No
              10.01 B I          Common wheat, and meslin (mixed wheat and rye) :
                                 — For the manufacture of starch                             11,233
                                 — Other than for the manufacture of starch :
                                    — On exports of goods falling under heading No 19.03
                                        to the United States of America                        9,159
                                    — In all other cases                                     12,633
               10.01 B II        Durum wheat :
                                 — On exports of goods falling under heading No 19.03 to
                                     the United States of America                            11,105
                                 — In all other cases                                         15,317
               10.02             Rye                                                          11,624
               10.03             Barley                                                       13,934
               10.04             Oats                                                         11,274
               10.05 B           Maize, other than hybrid maize for sowing :
                                 — For the manufacture of starch                              11,791
                                 — Other than for the manufacture of starch                   12,791
               10.06 Bib) 1      Round grain husked rice                                     42,695
               10.06 Bib) 2      Long grain husked rice                                       37,825
               10.06 B II b) 1   Round grain wholly milled rice                               55,090
               10.06 B lib) 2    Long grain wholly milled rice                                54,819
               10.06 B III       Broken rice :
                                 — For the manufacture of starch                              16,403
                                 — Other than for the manufacture of starch                   17,603
               10.07 C           Sorghum                                                       7,962
               11.01 A           Wheat or meslin flour :                                 \
                                 — On exports of goods falling under heading No 19.03 to
                                     the United States of America                             10,863
                                 — In all other cases                                         14,984
               11.01 B           Rye flour                                                    21,831
               11.02 A I a)      Durum wheat groats and meal :
                                 — On exports of goods falling under heading No 19.03 to
                                     the United States of America                             17,212
                                 — In all other cases                                         23,741
               11.02 A lb)        Common wheat groats and meal :
                                 — On exports of goods falling under heading No 19.03 to
                                     the United States of America                             10,863
                                 — In all other cases                                         14,984