CELEX: 31990R3176
Language: en
Date: 1990-11-01 00:00:00
Title: Commission Regulation (EEC) No 3176/90 of 31 October 1990 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 304/54                                Official Journal of the European Communities                                 1 . 11 . 90
                                        COMMISSION REGULATION (EEC) No 3176/90
                                                         of 31 October 1990
                    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
                                                                          which are manufactured under similar conditions ;
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
No 1340/90 (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 1 806/89 (4), and in particular the first sentence of the          Whereas in the absence of evidence that no production
fourth subparagraph of Article 17 (2) thereof,                        refund was granted pursuant to Council Regulation (EEC)
                                                                      No 1009/86 of 25 March 1986 establishing general rules
                                                                      applying to production refunds in the cereals and rice
Whereas Article 16 ( 1 ) of Regulation (EEC) No 2727/75               sector f), as last amended by Regulation (EEC) No
and Article 17 (1 ) of Regulation (EEC) No 1418/76                    2779/89 (8), the export refund should be reduced by the
provides that the difference between quotations of prices             amount of the production refund applicable on the day of
on the world market for the products listed in Article 1 of           acceptance of the export declaration ; whereas this system
                                                                      is the only one wich avoids the risk of fraud ;
each of those Regulations and the prices within the
Community may be covered by an export refund ;
                                                                      whereas Commission Regulation (EEC) No 28/90 (9)
Whereas Council Regulation (EEC) No 3035/80 of 11                     specifies new criteria for the classification of products
November 1980 laying down general rules for granting                  falling within CN code 3505 10 50 ; whereas it is there­
export refunds on certain agricultural products exported              fore necessary to adopt certain provisions to ensure the
in the form of goods not covered by Annex II to the                   deduction from any export refund payable of the amount
Treaty, and the criteria for fixing the amount of such                of the production refund in cases where the product in
refunds (*), as last amended by Regulation (EEC) No                   question has previously benefited from a production
3209/88 (*), specifies the products for which a rate of               refund pursuant to Regulation (EEC) No 1009/86, prior to
refund should be fixed, to be applied where these                     the implementation of the new criteria ;
products are exported in the form of goods listed in
Annex B to Regulation (EEC) No 2727/75 or in Annex B
to Regulation (EEC) No 1418/76 as appropriate ;                      Whereas Council Regulation (EEC) No 565/80 of 4
                                                                     March 1980 on the advance payment of export refunds in
                                                                      respect of agricultural products (10), as amended by Regu­
Whereas, in accordance with the first subparagraph of                 lation (EEC) No 2026/83 (n), and Commission Regulation
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of           (EEC) No 3665/87 of 27 November 1987 laying down
the refund per 100 kilograms for each of the basic                   common detailed rules for the application of the system
products in question must be fixed for each month ;                  of export refunds on agricultural products (12), as last
                                                                     amended by Regulation (EEC) No 1615/90 (13), lay down
                                                                      rules on the advance payment of export refunds that must
Whereas, in accordance with paragraph 2 of that Article,             be adhered to when these are adjusted ;
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 268, 15. 9. 1989, p. 20.
(2) OJ No   L  134,  28 . 5.   1990, p. 1.                           0 OJ No L 3, 6. 1 . 1990, p. 9 .
(3) OJ No   L  166,  25. 6.    1976, p. 1.                           (10) OJ No L 62, 7. 3. 1980, p. 5.
(4) OJ No   L  177,  24. 6.    1989, p. 1.                           (") OJ No L 199, 22. 7. 1983, p. 12.
(Ó OJ No L 323, 29. 11 . 1980, p. 27.                                (12) OJ No L 351 , 14. 12. 1987, p. 1 .
(6) OJ No L 286, 20 . 10. 1988, p. 6.                                (") OJ No L 152, 16. 6. 1990, p. 33.
 ---pagebreak--- 1 . 11 . 90                            Official Journal of the European Communities                            No L 304/ 55
Whereas, now that a settlement has been reached between           have not benefited from the production refund provided
the European Economic Community and the United                    for in that Regulation, and that such refund will not be
States of America on Community exports of pasta                   applied for.
products to the United States and has been approved by
Council Decision 87/482/EEC ('), it is necessary to differ­       The proof referred to in the first subparagraph is provided
entiate the refund on goods falling within CN codes               by the presentation by the exporter of a declaration from
1902 11 00 and 190219 according to their destination ;            the processor of the basic product in question attesting
                                                                  that the latter product has not benefited from a produc­
Whereas, in order to ensure equitable treatment between            tion refund as provided for in Regulation (EEC) No
maize products exported in the form of pellets, rolled or          1009/86, and that no application for such refund will be
flaked grains falling within CN code 1904 10 and other             made.
maize products, it is necessary to differentiate the refunds       3. When the proof referred to in paragraph 2 is not
on those goods ;                                                   provided, the export refund :
Whereas the measures provided for in this Regulation are           (a) applicable on the date of acceptance of the export
in accordance with the opinion of the Management                       declaration for the goods, or on the day specified in
Committee for Cereals,                                                 Article 26 (2) of Regulation (EEC) No 3665/87, where
                                                                       the rate is not fixed in advance ;
HAS ADOPTED THIS REGULATION :                                      (b) of which the rate is fixed in advance,
                                                                   will be reduced by the amount of the production refund
                            Article 1                              applicable pursuant to Regulation (EEC) No 1009/86 to
                                                                   the basic product in question on the day of acceptance of
 1 . Without prejudice to paragraphs 2 and 3 the rates of          the export declaration for the goods, or on the day speci­
the refunds applicable to the basic products appearing in          fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
Annex A to Regulation (EEC) No 3035/80 and listed                  the goods have been placed under the export refund
either in Article 1 of Regulation (EEC) No 2727/75 or in           advance payment arrangements.
Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in
the form of goods listed in Annex B to Regulation (EEC)                                      Article 2
No 2727/75 or in Annex B to Regulation (EEC) No
 1418/76 respectively, are hereby fixed as shown in the            The provisions of Article 1 (2) and (3) of this Regulation
Annex to this Regulation.                                          shall also apply to starches having on acetyl content by
                                                                   weight in the dry product of 0,25 % or more but less than
2. For the products listed in the Annex to Regulation              0,5 %
(EEC) No 1009/86, the refunds given in the Annex to this
Regulation shall be applied on presentation, at the accept­                                  Article 3
ance of the export declaration and the request for obtain­
ing the export refund, of proof that the basic products            This Regulation shall enter into force on 1 November
used in the manufacture of the products to be exported              1990 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 31 October 1990 .
                                                                             For the Commission
                                                                             Martin BANGEMANN
                                                                                 Vice-President
(>) OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 304/56                      Official Journal of the European Communities                                1 . 11 . 90
                                                         ANNEX
            to the Commission Regulation of 31 October 1990 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 1 1 00 and 1902 19 to the United States of America       8,960
                                  — In all other cases                                            13,784
                 1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                  — On exports of goods falling within CN codes
                                      1902 1 1 00 and 1902 19 to the United States of America       6,473
                                  — In all other cases                                              9,959
                 1002 00 00       Rye                                                             10,004
                 1003 00 90       Barley                                                          10,586
                 1004 00 90       Oats                                                             10,025
                 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                                                  6,841
                                  — In all other cases                                             12,073
                 1006 20          Round grain husked rice                                         21,632
                                  Medium grain husked rice                                        20,732
                                  Long grain husked rice                                          20,732
             ex 1006 30           Round grain wholly milled rice                                  28,095
                                  Medium grain wholly milled rice                                 34,835
                                  Long grain wholly milled rice                                    34,835
                 1006 40 00       Broken rice                                                      17,548
                 1007 00 90       Sorghum                                                           6,581
                 1101 00 00       Wheat or meslin flour :
                                  — On exports of goods falling within CN codes
                                      1902 11 00 and 1902 19 to the United States of America        7,630
                                  — In all other cases                                             11,739
                 1102 10 00       Rye flour                                                        20,457
                 1103 11 10       Durum wheat groats and meal :
                                  — On exports of goods falling within CN codes
                                      1902 1 1 00 and 1902 19 to the United States of America      13,887
                                  — In all other cases                                             21,365
                 1103 11 90       Common wheat groats and meal :
                                  — On exports of goods falling within CN codes
                                      1902 1 1 00 and 1902 19 to the United States of America       7,630
                                  — In all other cases                                             11,739