CELEX: 31993R0195
Language: en
Date: 1993-01-30 00:00:00
Title: Commission Regulation (EEC) No 195/93 of 29 January 1993 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 22/98                                 Official Journal of the European Communities                                30 . 1 . 93
                                         COMMISSION REGULATION (EEC) No 195/93
                                                         of 29 January 1993
                    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
                                                                          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 Q, 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 (*), as amended by
refunds (*), as last amended by Regulation (EEC)                     Regulation (EEC) No 2026/83 (10), 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 1 525/92 (12), 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 (13), 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 :
                                                                     0 OJ No L 94, 9. 4. 1986, p. 6.
(l) 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 .                              (9) 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  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.                            (12) OJ No L 160, 13. 6. 1992, p. 7.
(6  OJ No   L  327, 27. 11 . 1990, p. 4.                             (13) OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- 30 . 1 . 93                          Official Journal of the European Communities                             No L 22/99
190211 00 and 190219 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
tion (EEC) No 3035/80, it is necessary to differentiate the    that the latter product has not benefited form a produc­
refunds ;                                                      tion refund as provided for in Regulation (EEC)
                                                               No 1009/86, and that no application for such refund will
                                                               be made .
Whereas Council Regulation (EEC) No 1432/92 ('), as last
amended by Regulation (EEC) No 3534/92 (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
                                                               fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
subject to common organization of the market, conse­
                                                               the goods have been placed under the export refund
quently steps should be taken to specify the terms that
                                                               advance payment arrangements.
these potato starches should meet in order to qualify for
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
                                                               processing of these starches and potato starch is granted
HAS ADOPTED THIS REGULATION :
                                                               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 1 /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 die 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
(2) OJ No L 358, 8. 12. 1992, p. 16.                            dry-extract percentage.
 ---pagebreak--- No L 22/100                          Official Journal of the European Communities                               30 . 1 . 93
3. For the purposes of paragraph 1 above, the                  to in Article 3 (2) of Regulation (EEC) No 3035/80, in
dryextract content of starches shall be determined using       accordance with the provisions of that paragraph.
the method applied to flour in Annex II to Commission
Regulation (EEC) No 1908/84 (').
4. At the time of application for the export refund for                                Article 3
the goods the applicant must declare the dry-extract
content of the starches concerned, unless this information
has been recorded by the competent authorities referred        This Regulation shall enter into force on 1 February 1993 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 29 January 1993.
                                                                       For the Commission
                                                                       Martin BANGEMANN
                                                                    Member of the Commission
(') OJ No L 178, 5. 7. 1984, p. 22.
 ---pagebreak--- 30. 1 . 93                          Official Journal of the European Communities                                   No L 22/ 101
                                                            ANNEX
           to the Commission Regulation of 29 January 1993 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 1 902 1 1 and
                                   1902 19 to the United States of America                            5,648
                             — — in all other cases                                                  10,269
                             — used in the form of :
                             — — pellets of CN code 1103, or grains otherwise worked (other
                                   than hulled, kibbled, or germ) of CN code 1104                     4,460
                             — — hulled grains of CN code 1 104 and starch of CN code 1 108           6,690
                                   germ of CN code 1104                                               2,602
                             — — gluten of CN code 1109                                                —
                             — — other (except flours of CN code 1101 and groats and meal of
                                   CN code 1103)                                                      7,434
               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                            4,089
                             — — in all other cases                                                   7,434
                             — 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 1 1 04                   4,460
                             — — hulled grains of CN code 1 104 and starch of CN code 1 108           6,690
                             — — germ of CN code 1104                                                 2,602
                             — — gluten of CN code 1 1 09                                              —
                             — — other (except flours of CN code 1101 , and groats and meal of
                                   CN code 1103                                                       7,434
               1002 00 00    Rye :
                             — used unprocessed                                                      10,126
                             — used in the form of :
                             — — pellets of CN code 1103, or pearled grains of CN code 1104           6,076
                             — — rolled or flaked grains and hulled grains of CN code 1104            9,113
                             — — germ of CN code 1104                                                 3,021
                                   starch of CN code 1108 19 90                                       8,633
                             — — gluten of CN code 2303 1 0 90                                         —
                             — — other (except flours of CN code 1102)                               10,126
               1003 00 90    Barley :
                             — used unprocessed                                                       8,035
                             — 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                5,625
                                   pellets of CN code 1103                                            4,821
                             — — germs of CN code 1104                                                3,021
                             — — starch of CN code 1108 19 90                                         8,633
                             — — gluten of CN code 2303 10 90                                          —
                             — — other                                                                8,035
 ---pagebreak--- No L 22/ 102                                 Official Journal of the European Communities                                                  30. 1 . 93
                                                                                                                         Rate of refund
                  CN code                                      Description of products (')                             per 100 kg of basic
                                                                                                                           product (*)
                 1004 00 90         Oats :
                                     — used unprocessed                                                                      11,005
                                     — used in the form of :
                                     — — pellets of CN code 1103, and pearled grains of CN code
                                           1104                                                                               6,603
                                     — — rolled or flaked grains and hulled grains of CN code 1 1 04                          9,904
                                     — — germs of CN code 1104                                                                3,021
                                     — — starch of CN code 1108 19 90                                                         8,633
                                    — — gluten of CN code 2303 10 90                                                           —
                                           other                                                                            11,005
                 1005 90 00         Maize (Corn) :
                                    — used unprocessed                                                                        8,633
                                    — used in the form of :
                                    — — flours of CN codes 110220 10 and 11022090                                             6,043
                                    — — groats and meal of CN code 1003 and rolled or flaked grains
                                           of CN code 1104                                                                    6,906
                                           pellets of CN code 1103                                                            5,180
                                    — — hulled or perled grains of CN code 1104                                               7,769
                                    — — germs of CN code 1104                                                                 3,021
                                           starch of CN code 1108 12 00                                                       8,633
                                    — — gluten of CN code 2303 10 11                                                          3,453
                                    — — other                                                                                 8,633
                1006 20             Round grain husked rice                                                                 21,046
                                    Medium grains husked rice                                                               21,019
                                    Long grain husked rice                                                                  21,019
             :x 1006 30             Round grain wholly-milled rice                                                          27,365
                                    Medium grain wholly-milled rice                                                         34,181
                                    Long grain wholly-milled rice                                                           34,181
                1006 40 00          Broken rice :
                                    — used unprocessed                                                                        5,939
                                    — used in the form of :
                                    — — flour of CN code 1102 30, groats and meal or pellets of CN
                                           code 1103                                                                          5,939
                                    — — flaked grains of CN 1104 19 91                                                        3,564
                                    — — starch of CN code 1108 19 10                                                          5,939
                                    — — other                                                                                  —
                1007 00 90          Sorghum                                                                                   5,764
                1101 00 00          Wheat or meslin flour :
                                    — on exports of goods falling within CN codes 1902 11 and
                                       1902 19 to the United States of America                                                4,825
                                    — in all other cases                                                                      8,773
                1102 1000           Rye flour                                                                               19,870
                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                                                8,754
                                    — in all other cases                                                                    15,916
                1103 11 10          Common wheat groats and meal :
                                    — on exports of goods falling within CN codes 1902 11 and
                                       1902 19 to the United States of America                                               4,825
                                    — in all other cases                                                                      8,773
           (') 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.