CELEX: 31992R3455
Language: en
Date: 1992-12-01 00:00:00
Title: Commission Regulation (EEC) No 3455/92 of 30 November 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

No L 350/42                                Official Journal of the European Communities                                 1 . 12. 92
                                       COMMISSION REGULATION (EEC) No 3455/92
                                                       of 30 November 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 industnes 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
                                                                            which are manufactured under similar conditions :
market in cereals ('), as last amended by Regulation (EEC)
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 0, as last amended by Regulation (EEC)
on the world market for the products listed in Article 1 of            No 1 309/92 (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 (% 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 (u), as
Annex B to Regulation (EEC) No 2727/75 or in Annex B                   last amended by Regulation (EEC) No 1 525/92 (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 .                             («) OJ No L 139, 22. 5. 1992, p. 47.
0   OJ No  L   180, 1 . 7. 1992, p. 1 .                                0 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 .
 $ OJ No L 323, 29. 11 . 1980, p. 27.                                  H OJ No L 160, 1.3. 6. 1992, p. 7.
(«) OJ No L 327, 27. 11 . 1990, p. 4.                                  H OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- 1 . 12. 92                           Official Journal of the European Communities                             No L 350/43
1902 11 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
                                                               the processor of the basic product in question attesting
Whereas, for the application of Article 4 (2) (b) of Regula­   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 2015/92 (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--- No L 350/44                          Official Journal of the European Communities                            1 . 12. 92
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 J
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 December
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, 30 November 1992.
                                                                        For the Commission
                                                                       Martin BANGEMANN
                                                                            Vice-President
 (') OJ No L 178, 5. 7. 1984, p. 22.
 ---pagebreak--- 1 . 12. 92                          Official Journal of the European Communities                                      No L 350/45
                                                             ANNEX
           to the Commission Regulation of 30 November 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 f)
             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                               5,903
                              — — in all other cases                                                    10,732
                              — used in the form of :
                              — — pellets of CN code 1103, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                        3,877
                              — — hulled grains of CN code 1 104 and starch of CN code 1108              5,816
                                   germ of CN code 1104                                                  2,262
                              — — gluten of CN code 1109                                                  —
                              — — other (except flours of CN code 1101 and groats and meal of
                                   CN code 1103)                                                         6,462
               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                               3,554
                              — — in all other cases                                                     6,462
                              — used in the form of :
                              — — pellets of CN code 1103, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                        3,877
                              — — hulled grains of CN code 1 104 and starch of CN code 1 108             5,816
                              — — germ of CN code 1104                                                   2,262
                              — — gluten of CN code 1109                                                  —
                                   other (except flours of CN code 1 101 , and groats and meal of
                                   CN code 1103                                                          6,462
               1002 00 00    Rye :
                             — used unprocessed                                                          9,855
                             — used in the form of :
                                   pellets of CN code 1103, or pearled grains of CN code 1104            5,913
                             — — rolled or flaked grains and hulled grains of CN code 1 104              8,870
                             — — germ of CN code 1104                                                    2,994
                                   starch of CN code 1108 19 90                                          8,555
                             — — gluten of CN code 2303 10 90                                             —
                             — — other (except flours of CN code 1102)                                   9,855
               1003 00 90    Barley :
                             — used unprocessed                                                          8,327
                             — 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                   5,829
                             —  —  pellets of CN code     1103                                           4,996
                             —  —  germs of CN code      1104                                            2,994
                             —  —  starch of CN code     1108 19 90                                      8,555
                             —  —  gluten of CN code      2303 10 90                                      —
                                   other                                                                 8,327
 ---pagebreak--- No L 350/46                                Official Journal of the European Communities                                                  1 . 12. 92
                                                                                                                       Rate of refund
                 CN code                                     Description of products (')                             per 100 kg of basic
                                                                                                                         product 0
               1004 00 90          Oats :
                                   — used unprocessed                                                                      10,876
                                   — used in the form of :
                                   — — pellets of CN code 1103, and pearled grains of CN code
                                          1104                                                                              6,525
                                   — — rolled or flaked grains and hulled grains of CN code 1104                            9,788
                                          germs of CN code 1104                                                              2,994
                                          starch of CN code 1108 19 90                                                       8,555
                                          gluten of CN code 2303 10 90                                                        —
                                          other                                                                            10,876
                1005 90 00         Maize (Corn) :
                                   — used unprocessed                                                                        8,555
                                   — used in the form of :
                                          flours of CN codes 1102 20 10 and 1102 20 90                                       5,988
                                   — — groats and meal of CN code 1003 and rolled or flaked grains
                                          of CN code 1104                                                                    6,844
                                   —   —  pellets of CN code 1103                                                            5,133
                                   —   —  hulled or perled grains of CN code 1104                                            7,699
                                   —   —  germs of CN code 1104                                                              2,994
                                   —   —  starch of CN code 1108 1200                                                        8,555
                                          gluten of CN code 2303 10 11                                                       3,422
                                          other                                                                              8,555
                1006 20            Round grain husked rice                                                                 20,383
                                   Medium grains husked rice                                                               18,860
                                   Long grain husked rice                                                                  18,860
            :x 1006 30             Round grain wholly-milled rice                                                          26,505
                                   Medium grain wholly-milled rice                                                         34,319
                                   Long grain wholly-milled rice                                                           34,319
                1006 40 00         Broken rice :
                                   — used unprocessed                                                                       6,824
                                   — used in the form of :
                                          flour of CN code 1102, groats and meal or pellets of CN
                                          code 1103                                                                         6,824
                                   — — flaked grains of Cl^ 1104                                                            4,094
                                   — — starch of CN code 1108 19 10                                                         6,824
                                   — — other                                                                                  —
               1007 00 90          Sorghum                                                                                  5,880
               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                                               4,134
                                   — in all other cases                                                                     7,516
               1102 10 00          Rye flour                                                                               19,550
               1103 11 10          Durum wheat groats and meal :
                                   — on exports of goods falling within CN codes 190211 and
                                      1902 19 to the United States of America                                               9,149
                                   — in all other cases                                                                    16,635
               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                                               4,134
                                   — in all other cases                                                                     7,516
          (') The quantities of semi-processed products used must be multiplied, as the case may be by the coefficients shown in
              Annex 1 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.