CELEX: 31988R2715
Language: en
Date: 1988-09-01 00:00:00
Title: Commission Regulation (EEC) No 2715/88 of 31 August 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 . 9 . 88                                 Official Journal of the European Communities                            No L 241 /67
                                            COMMISSION REGULATION (EEC) No 2715/88
                                                            of 31 August 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
  Haying regard to the Treaty establishing the European                      the wofld 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
  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
                                                                             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 Q, 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 0, as last amended by Regulation (EEC) No
 4055/87 (6), 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
(')   OJ   No L 281 , 1 . 11 . 1975, p. 1 .
                                                                       respect of agricultural products (10), as last amended by
0     OJ   No L 197,  26. 7. 1988, p. 16.
(3)  OJ    No L 166,  25. 6. 1976, p. 1 .                              O OJ No L 281 , 1 . 11 . 1975, p. 57.
(4)  OJ    No L 197,  26. 7. 1988, p. 30.                              (8) 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.
(6 OJ No L 379, 31 . 12. 1987, p. 1 .                                  (I0) OJ No L 62, 7. 3. 1980, p. 5.
 ---pagebreak--- No L 241 /68                            Official Journal of the European Communities                                  1 . 9 . 88
Regulation (EEC) No 2026/83 ('), and Commission Regu­             ance of the export declaration and the request for obtain­
lation (EEC) No 3665/87 of 27 November 1987 laying                ing the export refund, of proof that the basic products
down common detailed rules for the application of the             used in the manufacture of the products to be exported
system of export refunds on agricultural products (2) lay         have not benefited from the production refund provided
down rules on the advance payment of export refunds               for in that Regulation, and that such refund will not be
that must be adhered to when these are adjusted ;                 applied for.
Whereas, now that a settlement has been reached between
                                                                  The proof referred to in the first subparagraph is provided
the European Economic Community and the United                    by the presentation by the exporter of a declaration from
States of America on Community exports of pasta                   the processor of the basic product in question attesting
products to the United States and has been approved by            that the latter product has not benefited from a produc­
Council Decision 87/482/EEC (3), it is necessfry to differ­       tion refund as provided for in Regulation (EEC) No
entiate the refund on goods falling within subheadings            1009/86, and that no application for such refund will be
1902 11 00 and 1902 19 of the combined nomenclature               made .
according to their destination ;
Whereas the measures provided for in this Regulation are          3. When the proof referred to in paragraph 2 is not
in accordance with the opinion of the Management                  provided, the export refund :
Committee for Cereals,                                            (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 ;
                            Article 1                             (b) of which the rate is fixed in advance,
                                                                  will be reduced by the amount of the production refund
1 . Without prejudice to paragraphs 2 and 3 the rates of          applicable under Regulation (EEC) No 1009/86 to the
the refunds applicable to the basic products appearing in
Annex A to Regulation (EEC) No 3035/80 and listed                 basic product in question on the day of acceptance of the
either in Article 1 of Regulation (EEC) No 2727/75 or in          export declaration for the goods, or on the day specified
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in         in Article 26 (2) of Regulation (EEC) No 3665/87, if the
the form of goods listed in Annex B to Regulation (EEC)           goods have been placed under the export refund advance
No 2727/75 or in Annex B to Regulation (EEC) No                    payment arrangements.
 1418/76 respectively, are hereby fixed as shown in the
Annex to this Regulation.                                                                   Article 2
2.     For the products listed in the Annex to Regulation
(EEC) No 1009/86, the refunds given in the Annex to this           This Regulation shall enter into force on 1 September
Regulation shall be applied on presentation, at the accept­        1988 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 31 August 1988 .                v
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
 (') OJ No L 199, 22. 7. 1983, p. 12.
 (2) OJ No L 351 , 14. 12. 1987, p. 1 .
  3 OJ No L 275, 29. 9 . 1987, p. 36.
 ---pagebreak--- 1 . 9 . 88                        Official Journal of the European Communities                              No L 241 /69
                                                          ANNEX
             to the Commission Regulation of 31 August 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)
                   CN code                                                                           Rate
                                                            Description                           of refund
                  1001 10 90       Durum wheat :                                               II
                                  — On exports of goods - falling within subheadings
                                       1902 1 1 00 and 1902 19 to the United States of America       7,554
                                  — In all other cases                                               8,393
                  1001 90 99      Common wheat, and meslin (mixed wheat and rye) :
                                  — For the manufacture of starch                                    5,482
                                  — 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                                                    5,564
                                      — In all other cases                                           6,182
                  1002 00 00 '    Rye                                                                5,564
                  1003 00 90      Barley                                                             6,158
                  1004 00 90      Oats                                                               2,011
                  1005 90 00      Maize, other than hybrid maize for sowing :                  \
           \                      — For the manufacture of starch                                    6,684
                                  — Other than for the manufacture of starch                        7,184
                   1006 20        Round grain husked rice                                          35,761
                                  — Other                                                         32,21 1
                   1006 30        Round grain wholly milled rice                                  46,143
                                  — Other                                                         46,683
                 1006 40 00       Broken rice :                                                l
                                  — For the manufacture of starch                                  10,920
                                  — Other than for the manufacture of starch                       11,520
                 1007 00 90       Sorghum                                                           6,695
                 1101 00 00       Wheat or meslin flour :                                      I
                                  — On exports of goods falling within subheadings
                                      1902 11 00 and 1902 19 to the United States of America        6,588
                                  — In all other cases                                              7,320
                 1102 10 00       Rye flour                                                       14,020
                 1103 11 10       Durum wheat groats and meal :                                l
                                  — On exports of goods falling within subheadings
                                      1902 1 1 00 and 1902 19 to the United States of America     11,708
                                  — In all other cases                                            13,009
                 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       6,588
                                  — In all other cases                                              7,320