CELEX: 31991R1106
Language: en
Date: 1991-05-01 00:00:00
Title: Commission Regulation (EEC) No 1106/91 of 30 April 1991 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 110/60                                   Official Journal of the European Communities                                 1 . 5 . 91
                                          COMMISSION REGULATION (EEC) No 1106/91
                                                             of 30 April 1991
                     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 3577/90 (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
                                                                            which use third-country products under inward
Having regard to Council Regulation (EEC) No 1418/76                         processing arrangements ;
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
fourth subparagraph of Article 1 7 (2) thereof,                         Whereas in the absence of evidence that no production
                                                                        refund was granted pursuant to Council Regulation (EEC)
                                                                        No 1009/86 of 25 March 1986 establishing general rules
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                  applying to production refunds in the cereals and rice
and Article 17 (1 ) of Regulation (EEC) No 1418/76                      sector Q, as last amended by Regulation (EEC) No
provides that the difference between quotations of prices               3655/90 (8), the export refund should be reduced by the
on the world market for the products listed in Article 1 of             amount of the production refund applicable on the day of
each of those Regulations and the prices within the                     acceptance of the export declaration ; whereas this system
Community may be covered by an export refund ;                          is the only one wich avoids the risk of fraud ;
Whereas Council Regulation (EEC) No 3035/80 of 11                       Whereas Council Regulation (EEC) No 565/80 of 4
November 1980 laying down general rules for granting                    March 1980 on the advance payment of export refunds in
export refunds on certain agricultural products exported                respect of agricultural products (9), as amended by Regula­
in the form of goods not covered by Annex II to the                     tion (EEC) No 2026/83 (10), and Commission Regulation
Treaty, and the criteria for fixing the amount of such                  (EEC) No 3665/87 of 27 November 1987 laying down
refunds 0, as last amended by Regulation (EEC) No                       common detailed rules for the application of the system
3381 /90 (6), specifies the products for which a rate of                of export refunds on agricultural products ("), as last
refund should be fixed, to be applied where these                       amended by Regulation (EEC) No 1615/90 (12), lay down
products are exported in the form of goods listed in                    rules on the advance payment of export refunds that must
Annex B to Regulation (EEC) No 2727/75 or in Annex B                    be adhered to when these are adjusted ;
to Regulation (EEC) No 1418/76 as appropriate ;
Whereas, in accordance with the first subparagraph of                   Whereas, now that a settlement has been reached between
Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of             the European Economic Community and the United
the refund per 100 kilograms for each of the basic                      States of America on Community exports of pasta
products in question must be fixed for each month ;                     products to the United States and has been approved by
                                                                        Council Decision 87/482/EEC (u), it is necessary to differ­
                                                                        entiate the refund on goods falling within CN codes
Whereas, in accordance with paragraph 2 of that Article,                 1902 11 00 and 1902 19 according to their destination ;
that rate must be determined with particular reference to :
                                                                        (7) OJ  No L 94, 9 . 4. 1986, p. 6.
(') OJ No   L   281 ,  1 . 11 . 1975, p. 1 .                            (*) OJ  No L 362, 27.   12. 1990, p. 33 .
(2) OJ No   L   353,   17. 12. 1990 , p. 23 .                           0 OJ    No L 62, 7. 3.  1980, p. 5.
(3) OJ No   L   166,   25. 6 . 1976, p. 1 .                             H OJ    No L 199, 22.   7. 1983, p. 12.
O   OJ No   L   177,   24. 6 . 1989, p. 1 .                             (") OJ  No L 351 , 14.   12. 1987, p. 1 .
(5) OJ No   L   323,   29 . 11 . 1980, p. 27.                           H OJ    No L 152, 16.   6. 1990, p. 33 .
(6) OJ No   L   327,   27. 11 . 1990, p. 4.                             H OJ    No L 275, 29.   9 . 1987, p. 36.
 ---pagebreak--- 1 . 5 . 91                            Official Journal of the European Communities                             No L 110/ 61
Whereas, in order to ensure equitable treatment between           have not benefited from the production refund provided
maize products exported in the form of pellets, rolled or         for in that Regulation, and that such refund will not be
flaked grains falling within CN code 1904 10 and other            applied for.
maize products, it is necessary to differentiate the refunds
on those goods,                                                   The proof referred to in the first subparagraph is provided
                                                                  by the presentation by the exporter of a declaration from
Whereas the Management Committee for Cereals has not              the processor of the basic product in question attesting
delivered an opinion within the time limit set by its             that the latter product has not benefited from a produc­
chairman ,                                                        tion refund as provided for in Regulation (EEC) No
                                                                  1009/86, and that no application for such refund will be
                                                                  made.
HAS ADOPTED THIS REGULATION :
                                                                  3 . When the proof referred to in paragraph 2 is not
                                                                  provided, the export refund :
                            Article 1
                                                                  (a) applicable on the date of acceptance of the export
1 . Without prejudice to paragraphs 2 and 3 the rates of              declaration for the goods, or on the day specified in
the refunds applicable to the basic products appearing in             Article 26 (2) of Regulation (EEC) No 3665/87, where
Annex A to Regulation (EEC) No 3035/80 and listed                     the rate is not fixed in advance ;
either in Article 1 of Regulation (EEC) No 2727/75 or in
                                                                  (b) of which the rate is fixed in advance,
Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in
the form of goods listed in Annex B to Regulation (EEC)           will be reduced by the amount of the production refund
No 2727/75 or in Annex B to Regulation (EEC) No                   applicable pursuant to Regulation (EEC) No 1009/86 to
1418/76 respectively, are hereby fixed as shown in the            the basic product in question on the day of acceptance of
Annex to this Regulation.                                         the export declaration for the goods, or on the day speci­
                                                                  fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
2. For the products listed in the Annex to Regulation             the goods have been placed under the export refund
(EEC) No 1009/86, the refunds given in the Annex to this          advance payment arrangements.
Regulation shall be applied On presentation, at the accept­
ance of the export declaration and the request for obtain­                                  Article 2
ing the export refund, of proof that the basic products
used in the manufacture of the products to be exported            This Regulation shall enter into force on 1 May 1991 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 30 April 1991 .
                                                                            For the Commission
                                                                           Martin BANGEMANN
                                                                               Vice-President
 ---pagebreak--- No L 110/62                      Official Journal of the European Communities                                1 . 5 . 91
                                                        ANNEX
            to the Commission Regulation of 30 April 1991 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 11
                                     and 1902 19 to the United States of America                    7,972
                                  — In all other cases                                            13,286
                 1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                  — On exports of goods falling within CN codes 1902 11
                                     and 1902 19 to the United States of America                    6,834
                                  — In all other cases                                            11,390
                 1002 00 00       Rye                                                               9,828
                 1003 00 90       Barley                                                          10,027
                 1004 00 90       Oats                                                              8,775
                 1005 90 00       Maize, other than hybrid maize for sowing) :
                                  — Maize in pellets, rolled or flake grains with a fat content
                                     exceeding 1,5 % in the form of goods falling within CN
                                     code 1904 10                                                   7,258
                                  — In all other cases                                             12,808
                 1006 20          Round grain husked rice                                         20,976
                                  Medium grain husked rice                                         17,147
                                  Long grain husked rice                                           17,147
             ex 1006 30           Round grain wholly milled rice                                  27,144
                                  Medium grain wholly milled rice                                 31,525
                                  Long grain wholly milled rice                                   31,525
                 1006 40 00       Broken rice                                                      14,248
                 1007 00 90       Sorghum                                                           6,082
                 1101 00 00       Wheat or meslin flour :
                                  — On exports of goods falling within CN codes 1 902 1 1
                                      and 1902 19 to the United States of America                   8,141
                                  — In all other cases                                             13,568
                 1102 10 00       Rye flour                                                        19,916
                 1103 11 10       Durum wheat groats and meal :
                                  — On exports of goods falling within CN codes 1902 11
                                      and 1902 19 to the United States of America                  12,356
                                  — In all other cases                                             20,593
                 1103 1190        Common wheat groats and meal :
                                  — On exports of goods falling within CN codes 1902 11
                                      and 1902 19 to the United States of America                   8,141
                                  — In all other cases                                             13,568