CELEX: 31990R3873
Language: en
Date: 1990-12-29 00:00:00
Title: Commission Regulation (EEC) No 3873/90 of 28 December 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

29 . 12. 90                                  Official Journal of the European Communities                             No L 367/ 107
                                         COMMISSION REGULATION (EEC) No 3873/90
                                                         of 28 December 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
                                                                               cultural products covered by Annex II to the Treaty
Having regard to Council Regulation (EEC) No 2727/75                           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 3577/90 (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
                                                                         sector Q, as last amended by Regulation (EEC) No
 Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                i 3655/90 (8), the export refund should be reduced by the
 and Article 17 ( 1 ) of Regulation (EEC) No 1418/76                      amount of the production refund applicable on the day of
 provides that the difference between quotations of prices                acceptance of the export declaration ; whereas this system
 on the world market for the products listed in Article 1 of              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 0, as last amended by Regulation (EEC) No                        question has previously benefited from a production
 3381 /90 (*), 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 (l0), as amended by Regu­
 Whereas, in accordance with the first subparagraph of                    lation (EEC) No 2026/83 (u), 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 (u), as last
                                                                          amended by Regulation (EEC) No 161 5/90 (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 .                              O OJ No L 362, 27. 12. 1990, p. 33.
  (2) OJ No  L   353,  17. 12. 1990, p. 23.                               O 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.
  0   OJ No  L   323,  29. 11 . 1980, p. 27.                              (u) OJ No L 351 , 14. 12. 1987, p. 1 .
  («) OJ No  L   327,  27. 11 . 1990, p. 4.                               H OJ No L 152, 16. 6. 1990, p. 33.
 ---pagebreak--- No L 367/ 108                         Official Journal of the European Communities                                29 . 12. 90
Whereas, now that a settlement has been reached between          used in the manufacture of the products to be exported
the European Economic Community and the United                   have not benefited from the production refund provided
States of America on Community exports of pasta                  for in that Regulation, and that such refund will not be
products to the United States and has been approved by           applied for.
Council Decision 87/482/EEC ('), it is necessary to differ­
entiate the refund on goods falling within CN codes              The proof referred to in the first subparagraph is provided
190211 00 and 190219 according to their destination ;            by the presentation by the exporter of a declaration from
                                                                 the processor of the basic product in question attesting
Whereas, in order to ensure equitable treatment between          that the latter product has not benefited from a produc­
maize products exported in the form of pellets, rolled or         tion refund as provided for in Regulation (EEC) No
flaked grains falling within CN code 1904 10 and other            1009/86, and that no application for such refund will be
                                                                  made .
maize products, it is necessary to differentiate the refunds
on those goods ;                                                  3. When the proof referred to in paragraph 2 is not
Whereas the measures provided for in this Regulation are          provided, the export refund :
in accordance with the opinion of the Management                  (a) applicable on the date of acceptance of the export
Committee for Cereals,                                                declaration for the goods, or on the day specified in
                                                                      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 January 1991 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 December 1990.
                                                                            For the Commission
                                                                            Martin BANGEMANN
                                                                                Vice-President
 (' OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- 29 . 12. 90                        Official Journal of the European Communities                                    No L 367/ 109
                                                          ANNEX
              to the Commission Regulation of 28 December 1990 fixing the rates of die 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 190219 to the United States of America                         9,387
                                    — In all other cases                                                14,441
                  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                        6,999
                                    — In all other cases                                                10,767
                  1002 00 00        Rye                                                                 10,510
                  1003 00 90        Barley                                                              11,000
                  1004 00 90        Oats                                                                  9,944
                  1005 90 00        Maize, other than hybrid maize for sowing) :                    L
                                    — 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                                                     . 7,129
                                    — In all other cases                                                12,581
                  1006 20           Round grain husked rice                                             23,141
                                    Medium grain husked rice                                      '     22,483
                                    Long grain husked rice                                              22,483
               ex 1006 30           Round grain wholly milled rice                                      30,083
                                    Medium grain wholly milled rice                                     37,443
                                    Long grain wholly milled rice                                       37,443
                  1006 40 00        Broken rice                                                         17,428
                  1007 00 90        Sorghum                                                               6,649
                  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                        8,277
                                    — In all other cases                                                12,733
                  110210 00         Rye flour                                                           21,127
                  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                      14,549
                                    — In all other cases                                                22,384
                  1103 11 90        Common wheat groats and meal :
                                    — On exports of goods falling within CN codes 1902 11
                                       and 1902 19 to the United States of America                        8,277
            \                       — In all other cases                                                12,733