CELEX: 31988R3039
Language: en
Date: 1988-10-01 00:00:00
Title: Commission Regulation (EEC) No 3039/88 of 30 September 1988 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 . 10. 88                                 Official Journal of the European Communities                            No L 271 /99
                                         COMMISSION REGULATION (EEC) No 3039/88
                                                        of 30 September 1988
                    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 2221 /88 (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 2229/88 (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 f), 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       as last amended by Regulation (EEC) No
4055/87 (% 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 1980 on the advance payment of export refunds in
                                                                      respect of agricultural products (l0), as last amended by
(')  OJ  No L  281 ,  1 . 11 . 1975, p. 1 .
n    OJ  No L  197,  26. 7. 1988, p. 16.
(3)  OJ  No L  166,  25. 6. 1976, p. 1 .                              0 OJ No L 281 , 1 . 11 . 1975, p. 57.
(♦)  OJ  No L  197,  26. 7. 1988, p. 30.                              0 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  379,  31 . 12. 1987, p. 1 .                            H OJ No L 62, 7. 3. 1980, p. 5.
 ---pagebreak---                                                                                                                      1 . 10 . 88
No L 271 / 100                          Official Journal of the European Communities
Regulation (EEC) No 2026/83 ('), and Commission Regu­             2,      For the products listed in the Annex to Regulation
lation (EEC) No 3665/87 of 27 November 1987 laying                (EEC) No 1009/86, the refunds given in the Annex to this
down common detailed rules for the application of the             Regulation shall be applied on presentation, at the accept­
system of export refunds on agricultural products (2) lay          ance of the export declaration and the request for obtain­
down rules on the advance payment of export refunds                ing the export refund, of proof that the basic products
that must be adhered to when these are adjusted ;                  used in the manufacture of the products to be exported
                                                                   have not benefited from the production refund provided
Whereas, now that a settlement has been reached between            for in that Regulation, and that such refund will not be
the European Economic Community and the United                     applied for.
 States of America on Community exports of pasta                   The proof referred to in the first subparagraph is provided
 products to the United States and has been approved by            by the presentation by the exporter of a declaration from
 Council Decision 87/482/EEC (3), it is necessary to differ­       the processor of the basic product in question attesting
 entiate the refund on goods falling within subheadings            that the latter product has not benefited from a produc­
 1902 11 00 and 1902 19 of the combined nomenclature                tion refund as provided for in Regulation (EEC) No
 according to their destination ;                                   1009/86, and that no application for such refund will be
                                                                    made .
 Whereas the measures provided for in this Regulation are
 in accordance with the opinion of the Management                   3. When the proof referred to in paragraph 2 is not
 Committee for Cereals,                                             provided, the export refund :
                                                                    (a) applicable on the date of acceptance of the export
                                                                         declaration for the goods, or on the day specified in
                                                                         Article 26 (2) of Regulation (EEC) No 3665/87, where
 HAS ADOPTED THIS REGULATION :                                           the rate is not fixed in advance ;
                                                                     (b) of which the rate is fixed in advance,
                            Article 1                                will be reduced by the amount of the production refund
                                                                     applicable under Regulation (EEC) No 1009/86 to the
  1 . Without prejudice to paragraphs 2 and 3 the rates of           basic product in question On the day of acceptance of the
  the refunds applicable to the basic products appearing in          export declaration for the goods, or on the day specified
  Annex A to Regulation (EEC) No 3035/80 and listed                  in Article 26 (2) of Regulation (EEC) No 3665/87, if the
  either in Article 1 of Regulation (EEC) No 2727/75 or in           goods have been placed under the export refund advance
  Article 1 (1) of Regulation (EEC) No 1418/76, exported in           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.                                           This Regulation shall enter into force on 1 October 1988.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 30 September 1988 .
                                                                                For the Commission
                                                                                    COCKFIELD
                                                                                   Vice-President
    (') OJ No L 199, 22. 7. 1983, p. 12.
    (2) OJ No L 351 , 14. 12. 1987, p. 1 .
    M OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- 1 . 10. 88                        Official Journal of the European Communities                           No L 271 / 101
                                                        ANNEX
             to the Commission Regulation of 30 September 1988 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 subheadings
                                       1902 11 00 and 1902 19 to the United States of America   11,006
                                   — In all other cases ■                                       11,117
                 1001 90 99        Common wheat, and meslin (mixed wheat and rye) :
                                   — For the manufacture of starch                                6,156
                                   — Other than for the manufacture of starch :
                                      — On exports of goods falling within subheadings
                                          1902 11 00 and 1902 19 to the United States of
           \                              America                                                 6,787
                                      — In all other cases                                        6,856
                 1002 00 00        Rye                                                            5,113
                 1003 00 90        Barley                                                         6,980
                 1004 00 90        Oats                                                           1,713
                 1005 90 00        Maize, other than hybrid maize for sowing :
                                   — For the manufacture of starch                                6,575
                                   — Other than for the manufacture of starch                     7,075
                  1006 20          Round grain husked rice                                      35,990
                                   Medium grain husked rice                                     33,935
                                   Long grain husked rice                                       33,935
                  1006 30          Round grain wholly milled rice                               46,439
                                   Medium grain wholly milled rice                              49,181
                                   Long grain wholly milled rice                                49,181
                 1006 40 00        Broken rice :
                                   — For the manufacture of starch                              10,328
                                   — Other than for the manufacture of starch                   10,928
                 1007 00 90        Sorghum                                                        5,738
                 1101 00 00        Wheat or meslin flour :
                                   — On exports of goods falling within subheadings
                                       1902 11 00 and 1902 19 to the United States of America     8,071
           \                       — In all other cases                                         . 8,152
                 110210 00         Rye flour                                                    14,489
                 1103 11 10        Durum wheat groats and meal :
                                   — On exports of goods falling within subheadings
                                      1902 11 00 and 1902 19 to the United States of America    17,059
                                   — In all other cases                                         17,231
                 1103 11 90        Common wheat groats and meal :
                                   — On exports of goods falling within subheadings
                                      1902 1 1 00 and 1902 19 to the United States of America     8,071
                                   — In all other cases                                           8,152