CELEX: 31992R1399
Language: en
Date: 1992-05-28 00:00:00
Title: Commission Regulation (EEC) No 1399/92 of 27 May 1992 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

28 . 5. 92                                  Official Journal of the European Communities                           No L 146/35
                                        COMMISSION REGULATION (EEC) No 1399/92
                                                            of 27 May 1992
                    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 674/92 (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 674/92, 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 (6), as last amended by Regulation (EEC)
and Article 17 (1 ) of Regulation (EEC) No 1418/76                     No 1 309/92 f), the export refund should be reduced by
provides that the difference between quotations of prices              the amount of the production refund applicable on the
on the world market for the products listed in Article 1 of            day of acceptance of the export declaration ; whereas this
each of those Regulations and the prices within the                    system is the only one wich avoids the risk of fraud ;
Community may be covered by an export refund ;
Whereas Council Regulation (EEC) No 3035/80 of                         Whereas Council Regulation (EEC) No 565/80 of
 1 1 November 1980 laying down general rules for granting              4 March 1980 on the advance payment of export refunds
export refunds on certain agricultural products exported               in respect of agricultural products (8), as amended by
in the form of goods not covered by Annex II to the                    Regulation (EEC) No 2026/83 (9), and Commission Regu­
Treaty, and the criteria for fixing the amount of such                 lation (EEC) No 3665/87 of 27 November 1987 laying
refunds (4), as last amended by Regulation (EEC)                       down common detailed rules for the application of the
No 3381 /90 (*), specifies the products for which a rate of            system of export refunds on agricultural products (l0), as
refund should be fixed, to be applied where these                      last amended by Regulation (EEC) No 1615/90 ("), lay
products are exported in the form of goods listed in                   down rules on the advance payment of export refunds
Annex B to Regulation (EEC) No 2727/75 or in Annex B                   that must be adhered to when these are adjusted ;
to Regulation (EEC) No 1418/76 as appropriate ;
                                                                       Whereas, now that a settlement has been reached between
Whereas, in accordance with the first subparagraph of
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 (12), it is necessary to differ­
                                                                       entiate the refund on goods falling within CN codes
                                                                       1902 11 00 and 1902 19 according to their destination ;
Whereas, in accordance with paragraph 2 of that Article,
that rate must be determined with particular reference to :
                                                                       (6) OJ  No L 94, 9. 4. 1986, p. 6.
                                                                       0 OJ    No L 139, 22. 5. 1992, p. 47.
(')  OJ No  L   281 , 1 . 11 . 1975, p. 1 .                            (8) OJ  No L 62, 7. 3. 1980, p. 5.
(2)  OJ No  L   73, 19. 3. 1992, p. 7.                                 O OJ    No L 199, 22. 7. 1983, p. 12.
  3  OJ No  L   166, 25. 6. 1976, p. 1 .                               H OJ     No L 351 , 14. 12. 1987, p. 1 .
(4)  OJ No  L   323, 29. 11 . 1980, p. 27.                             (") OJ   No L 152, 16. 6. 1990, p. 33.
0    OJ No  L   327, 27. 11 . 1990, p. 4.                              (,2) OJ  No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 146/36                           Official Journal of the European Communities                                 28 . 5. 92
Whereas, for the application of Article 4 (2) (b) of Regula­      for in that Regulation, and that such refund will not be
tion ((EEC) No 3035/80, it is necessary to differentiate the      applied for.
refunds ;
                                                                 The proof referred to in the first subparagraph is provided
Whereas the Management Committee for Cereals has not              by the presentation by the exporter of a declaration from
delivered an opinion within the time limit set by its             the processor of the basic product in question attesting
chairman,                                                         that the latter product has not benefited from a produc­
                                                                  tion refund as provided for in Regulation (EEC)
                                                                  No 1009/86, and that no application for such refund will
HAS ADOPTED THIS REGULATION :                                     be made.
                                                                  3. When the proof referred to in paragraph 2 is not
                           Article 1
                                                                  provided, the export refund :
 1 . Without prejudice to paragraphs 2 and 3 the rates of         (a) applicable on the date of acceptance of the export
the refunds applicable to the basic products appearing in             declaration for the goods, or on the day specified in
Annex A to Regulation (EEC) No 3035/80 and listed                     Article 26 (2) of Regulation (EEC) No 3665/87, where
either in Article 1 of Regulation (EEC) No 2727/75 or in              the rate is not fixed in advance ;
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in        (b) of which the rate is fixed in advance,
the form of goods listed in Annex B to Regulation (EEC)
 No 2727/75 or in Annex B to Regulation (EEC)                     will be reduced by the amount of the production refund
 No 1418/76 respectively, are hereby fixed as shown in            applicable pursuant to Regulation (EEC) No 1009/86 to
the Annex to this Regulation.                                     the basic product in question on the day of acceptance of
                                                                  the export declaration for the goods, or on the day speci­
 2. For the products listed in the Annex to Regulation            fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
(EEC) No 1009/86, the refunds given in the Annex to this          the goods have been placed under the export refund
 Regulation shall be applied on presentation, at the accept­      advance payment arrangements.
ance of the export declaration and the request for obtain­
 ing the export refund, of proof that the basic products                                    Article 2
used in the manufacture of the products to be exported
 have not benefited from the production refund provided           This Regulation shall enter into force on 1 June 1992.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 27 May 1992.
                                                                            For the Commission
                                                                            Martin BANGEMANN
                                                                                Vice-President
 ---pagebreak--- 28 . 5. 92                           Official Journal of the European Communities                                   No L 146/37
                                                             ANNEX
           to the Commission Regulation of 27 May 1992 fixing the rates of die refunds applicable to certain
             cereals and rice products exported in die form of goods not covered by Annex II to the Treaty
                                                                                                  Rate of refund
                CN code                             Description of products (')                 per 100 kg of basic
                                                                                                     product
             1001 10 90       Durum wheat :
                              — used unprocessed :
                              — — on exports of goods falling within CN codes 1902 11 and
                                    1902 19 to the United States of America                            6,031
                              — — in all other cases                                                  10,965
                              — used in the form of :
                              — — pellets of CN code 1103, or grains otherwise worked (other
                                    than hulled, kibbled, or germ) of CN code 1104                     4,800
                              — — hulled grains of CN code 1 104 and starch of CN code 1 108           7,200
                  \
                              — — germ of CN code 1 1 04                                               2,800
                              — — gluten of CN code 1109
                              — — other (except flours of CN code 1101 and groats and meal of
                                    CN code 1103)                                                      8,000
               1001 90 99     Common wheat and meslin :
                              — used unprocessed :
                              — — on exports of goods falling within CN code 1902 11 and
                                    1902 19 to the United States of America                            4,400
                              — — in all other cases                                                   8,000
                              — used in the form of :
                              — — pellets of CN code 1103, or grains otherwise worked (other
                                    than hulled, kibbled, or germ) of CN code 1104                     4,800
                              — — hulled grains of CN code 1 104 and starch of CN code 1 108           7,200
                              — — germ of CN code 1104                                                 2,800
                              — — gluten of CN code 1109
                              — — other (except flours of CN code 1101 , and groats and meal of
                                    CN code 1103                                                       8,000
               1002 00 00     Rye :
                              — used unprocessed                                                      11,026
                              — used in the form of :
                              — — pellets of CN code 1103, or pearled grains of CN code 1104           6,615
                              — — rolled or flaked grains and hulled grains of CN code 1 104           9,923
                              — — germ of CN code 1104                                                 3,298
                              — — starch of CN code 1 1 08 1 9 90                                      9,424
                              — — gluten of CN code 2303 10 90
                              — — other (except flours of CN code 1 1 02)                             11,026
               1003 00 90     Barley :
                              — used unprocessed                                                       9,558
                              — used in the form of :
                              — — flours of CN code 1 1 02, groats and meal of CN code 1 1 03,
                                    or rolled, flaked or pearled grains of CN code 1104                6,691
                              — — pellets of CN code 1103                                              5,735
                              — — germs of CN code 1104                                                3,298
                              — — starch of CN code 1108 19 90                                         9,424
                              — — gluten of CN code 2303 10 90
                              — — other                                                                9,558
 ---pagebreak--- No L 146/38                             Official Journal of the European Communities                                             28 . 5. 92
                                                                                                              Rate of refund
                CN code                                 Description of products (')                         per 100 kg of basic
                                                                                                                  product
               1004 00 90        Oats :
                                 — used unprocessed                                                                 9,293
                                 — used in the form of :
                                 — — pellets of CN code 1103, and pearled grains of CN code
                                        1104                                                                        5,576
                                 — — rolled or flaked grains and hulled grains of CN code 1 104                     8364
                                 — — germs of CN code 1104                                                          3,298
                                 — — starch of CN code 1108 19 90                                                   9,424
                                 — — gluten of CN code 2303 10 90
                                 — — other                                                                          9,293
               1005 90 00        Maize (Corn) :
                                 — used unprocessed                                                                 9,424
                                 — used in the form of :
                                 — — flours of CN codes 1102 20 10 and 1102 20 90                                   6,597
                                 — — groats and meal of CN code 1003 and rolled or flaked grains
                                        of CN code 1104                                                             7,539
                                 — — pellets of CN code 1103                                                        5,654
                                 — — hulled or perled grains of CN code 1104                                        8,482
                                 — — germs of CN code 1104                                                          3,298
                                 — — starch of CN code 1108 12 00                                                   9,424
                                 — — gluten of CN code 2303 10 11                                                   3,770
                                 — — other                                                                          9,424
               1006 20           Round grain husked rice                                                          24,045
                                 Medium grains husked rice                                                        22,555
                                 Long grain husked rice                                                           22,555
          ex 1006 30             Round grain wholly-milled rice                                                   31,130
                                 Medium grain wholly-milled rice                                                  37,976
                                 Long grain wholly-milled rice                                                    37,976
               1006 40 00        Broken rice :
                                 — used unprocessed                                                               11,579 ■
                                 — used in the form of :
                                 — — flour of CN code 1102, groats and meal or pellets of CN
                                        code 1103                                                                 11,579
                                  — — flaked grains of CN 1104                                                      6,947
                                  — — starch of CN code 1108 19 10                                                11,579
                                  — — other
               1007 00 90        Sorghum                                                                            6,362
               1101 00 00        Wheat or meslin flour :
                                  — on exports of goods falling within CN codes 1902 11 and
                                    1902 19 to the United States of America                                         5,166
                                  — in all other cases                                                              9,394
               1102 10 00        Rye flour                                                                        21,139
               1103 11 10        Durum wheat groats and meal :
                                 — on exports of goods falling within CN codes 1 902 1 1 and
                                    1902 19 to the United States of America                                         9,348
                                 — in all other cases                                                             16,996
               1103 11 90        Common wheat groats and meal :
                                  — on exports of goods falling within CN codes 1 902 1 1 and
                                    1902 19 to the United States of America                                         5,166
                                  — in all other cases                                                              9,394
          (') The quantities of semi-processed products used must be multiplied, as the case may be by the coefficients shown in
              Annex I to Regulation (EEC) No 2744/75.