CELEX: 31991R1858
Language: en
Date: 1991-06-29 00:00:00
Title: Commission Regulation (EEC) No 1858/91 of 28 June 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 168 /36                                Official Journal of the European Communities                                 29 . 6. 91
                                        COMMISSION REGULATION (EEC) No 1858/91
                                                           of 28 June 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 17 (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
                                                                      sector f), as last amended by Regulation (EEC) No
and Article 17 ( 1 ) of Regulation (EEC) No 1418/76
provides that the difference between quotations of prices             3655/90 (8), the export refund should be reduced by the
                                                                      amount of the production refund applicable on the day of
on the world market for the products listed in Article 1 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 (l3), it is necessary to differ­
                                                                       entiate the refund on goods falling within CN codes
Whereas, in accordance with paragraph 2 of that Article,               1902 i 100 and 1902 19 according to their destination ;
that rate must be determined with particular reference to :
                                                                       0 OJ No L 94, 9 . 4.   1986, p. 6.
(■) OJ No   L   281 , 1 . 11 . 1975, p. 1 .                            (8) OJ No L 362, 27.   12. 1990, p. 33.
0   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.
(4) OJ No   L   177,  24. 6. 1989, p. 1 .                              (") OJ No L 351 , 14.   12. 1987, p. 1 .
0   OJ No   L   323,  29. 11 . 1980, p. 27.                            H OJ No L 152, 16.     6. 1990, p. 33.
(«) OJ No   L   327,  27. 11 . 1990, p. 4.                             H OJ No L 275, 29.     9. 1987, p. 36.
 ---pagebreak--- 29 . 6 . 91                            Official Journal of the European Communities                             No L 168 /37
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 measures provided for in this Regulation are           the processor of the basic product in question attesting
in accordance with the opinion of the Management                   that the latter product has not benefited from a produc­
Committee for Cereals,                                             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 July 1991 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels, 28 June 1991 .
                                                                             For the Commission
                                                                             Martin BANGEMANN
                                                                                 Vice-President
 ---pagebreak--- No L 168 /38                        Official Journal of the European Communities                                29 . 6 . 91
                                                           ANNEX
               to the Commission Regulation of 28 June 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 1 902 1 1
                                        and 1902 19 to the United States of America                    6,032
             \                       — In all other cases                                            10,054
                    1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                     — On exports of goods falling within CN codes 1 902 1 1
                                        and 1902 19 to the United States of America                    5,292
                                     — In all other cases                                              8,820
                    1002 00 00       Rye                                                               7,901
                    1003 00 90       Barley                                                            8,033
                    1004 00 90       Oats                                                              6,284
                    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                                                   7,087
                                     — In all other cases                                             12,506
                    1006 20          Round grain husked rice                                         23,039
                                     Medium grain husked rice                                         18,103
                                     Long grain husked rice                                           18,103
                ex 1006 30           Round grain wholly milled rice                                  29,776
                                     Medium grain wholly milled rice                                 35,107
                                     Long grain wholly milled rice                                   35,107
                    1006 40 00       Broken rice                                                      11,441
                    1007 00 90       Sorghum                                                           6,233
                    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                   6,225
                                     — In all other cases                                             10,374
                    1102 10 00       Rye flour                                                        18,251
                    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                   9,350
                                     — In all other cases                                             15,584
                    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                   6,225
                                     — In all other cases                                             10,374