CELEX: 31993R3621
Language: en
Date: 1993-12-29 00:00:00
Title: Commission Regulation (EC) No 3621/93 of 28 December 1993 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. 93                                Official Journal of the European Communities                             No L 328/31
                                        COMMISSION REGULATION (EC) No 3621 /93
                                                      of 28 December 1993
                   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 :
Community,
Having regard to Council Regulation (EEC) No 1766/92                (b) the level of the refunds on exports of processed agri­
of 30 June 1992 on the common organization of the                        cultural products covered by Annex II to the Treaty
market in cereals (.'), as amended by Regulation (EEC)                   which are manufactured under similar conditions ;
No 2193/93 (2), and in particular the third subparagraph
of Article 13 thereof,
                                                                    (c) the need to ensure equality of competition for the
Having regard to Council Regulation (EEC) No 1418/76                     industries which use Community products and those
of 21 June 1976 on the common organization of the                        which use third-country products under inward
market in rice (3), as last amended by Regulation (EEC)                  processing arrangements ;
No 1544/93 (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 Commission Regulation
whereas Article 13 ( 1 ) of Regulation (EEC) No 1766/92             (EEC) No 1722/93 of 30 June 1993 laying down detailed
and Article 17 (1 ) of Regulation (EEC) No 1418/76                  rules for the arrangements concerning production refunds
provide that the difference between quotations of prices            in the cereals and rice sectors f), the export refund should
on the world market for the products listed in Article 1 of         be reduced by the amount of the production refund appli­
each of those Regulations and the prices within the                 cable on the day of acceptance of the export declaration ;
Community may be covered by an export refund ;                      whereas this system is the only one which avoids the risk
                                                                    of fraud :
Whereas Council Regulation (EEC) No 3035/80 of
11 November 1980 laying down general rules for granting
export refunds on certain agricultural products exported            Whereas Council Regulation (EEC) No 565/80 of
in the form of goods not covered by Annex II to the                 4 March 1980 on the advance payment of export refunds
Treaty, and the criteria for fixing the amount of such              in respect of agricultural products (8), as amended by
refunds 0, as last amended by Regulation (EEC)                      Regulation (EEC) No 2026/83 ('), and Commission Regu­
No 3381 /90 (6), specifies the products for which a rate of         lation (EEC) No 3665/87 of 27 November 1987 laying
refund should be fixed, to be applied where these                   down common detailed rules for the application of the
products are exported in the form of goods listed in                system of export refunds on agricultural products (10), as
Annex B to Regulation (EEC) No 1766/92 or in Annex B                last amended by Regulation (EEC) No 2805/93 (u), lay
to Regulation (EEC) No 1418/76 as appropriate ;                     down rules on the advance payment of export refunds
                                                                     that must be adhered to when these are adjusted ;
Whereas, in accordance with the first subparagraph of
Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of
the refund per 100 kilograms for each of the basic                  Whereas, now that a settlement has been reached between
products in question must be fixed for each month ;                  the European Community and the United States of
                                                                    America on Community exports of pasta products to the
                                                                     United States and has been approved by Council Decision
Whereas, in accordance with paragraph 2 of that Article,             87/482/EEC (12), it is necessary to differentiate the refund
that rate must be determined with particular reference to :          on goods falling within CN codes 190211 00 and
(') OJ No  L   181 , 1 . 7. 1992, p. 21 .                           0 OJ No L 159, 1 . 7. 1993, p. 112.
(2) OJ No  L   196,  5. 8. 1993, p. 22.                             (8) OJ No L 62, 7. 3. 1980, p. 5.
(3) OJ No  L   166,  25. 6. 1976, p. 1 .                            0 OJ No L 199, 22. 7. 1983, p. 12.
(4) OJ No  L   154,  25. 6. 1993, p. 5.                             (I0) OJ No L 351 , 14. 12. 1987, p. 1 .
(j OJ No L 323, 29. 11 . 1980, p. 27.                               (") OJ No L 256, 14. 10. 1993, p. 7.
(*) OJ No L 327, 27. 11 . 1990, p. 4.                               (,2) OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak---  No L 328/32                          Official Journal of the European Communities                                 29 . 12. 93
 1902 19 according to their destination ;                       for in that Regulation, and that such refund will not be
                                                                applied for.
 Whereas, for the application of Article 4 (2) (b) of Regula­
 tion (EEC) No 3035/80, it is necessary to differentiate the    The proof referred to in the first subparagraph is provided
 refunds ;                                                      by the presentation by the exporter of a declaration from
                                                                the processor of the basic product in question attesting
 Whereas Council Regulation (EEC) No 990/93 (') prohi­          that the latter product has not benefited form a produc­
 bits trade between the European Community and the              tion refund as provided for in Regulation (EEC)
 Federal Republic of Yugoslavia (Serbia and Montenegro) ;       No 1722/93, and that no application for such refund will
                                                                be made.
 whereas this prohibition does not apply in certain situa­
 tions as comprehensively listed in Articles 2, 4, 5 and 7
 thereof ; whereas account should be taken of this fact         3 . When the proof referred to in paragraph 2 is not
 when fixing the refunds ;                                      provided, the export refund :
 Whereas in particular the export refund for unprocessed        (a) applicable on the date of acceptance of the export
 starches falling within CN code 1 1 08 is granted only if            declaration for the goods, or on the day specified in
 the dry matter content is at least 77 % in the case of               Article 26 (2) of Regulation (EEC) No 3665/87, where
 potato starch and at least 84 % in the case of cereal star­          the rate is not fixed in advance ;
 ches ;
                                                                (b) of which the rate is fixed in advance,
Whereas with regard to potatoes, only potato starches are       will be reduced by the amount of the production refund
subject to common organization of the market, conse­            applicable pursuant to Regulation (EEC) No 1722/93 to
 quently steps should be taken to specify the terms that        the basic product in question on the day of acceptance of
 these potato starches should meet in order to qualify for      the export declaration for the goods, or on the day speci­
refunds ;                                                       fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
                                                                the goods have been placed under the export refund
                                                                advance payment arrangements.
Whereas, in respect of glucose syrup and maltodextrine
syrup, the dry extract content for which the rate of refund
is set should be specified ;
                                                                                            Article 2
Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its            1 . The refund for starches and potato starch falling
chairman,                                                       within CN code 1 1 08 or products falling within Annex A
                                                                to Regulation (EEC) No 1766/92 resulting from the
                                                                processing of these starches and potato starch is granted
                                                                only on production of a declaration from the suppliers of
                                                                those products attesting that they have been directly
HAS ADOPTED THIS REGULATION :
                                                                produced from cereals, potatoes or rice excluding all use
                                                                of subproducts obtained in the production of other agri­
                                                                cultural products or goods.
                           Article 1
                                                                The above declaration can be considered valid, until revo­
1 . Without prejudice to paragraphs 2 and 3 the rates of        cation, for all supplies from the same producer ; it shall
the refunds applicable to the basic products appearing in       be verified in accordance with the provisions of Article 8
Annex A to Regulation (EEC) No 3035/80 and listed               ( 1 ) and the first indent of paragraph 2 of Regulation (EEC)
either in Article 1 of Regulation (EEC) No 1766/92 or in        No 3035/80.
Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in
the form of goods listed in Annex B to Regulation (EEC)         2. Where the dry-extract content of potato starch assi­
No 1766/92 or in Annex B to Regulation (EEC) No                 milated to maize starch pursuant to Article 1 (2) (a) of
1418/76 respectively, are hereby fixed as shown in the          Regulation (EEC) No 3035/80 is 80 % or higher, the rate
Annex to this Regulation .                                      of the export refund shall be as laid down in the Annex ;
                                                                where the dry-extract content is less than 80 % the rate of
2. For the products listed in the Annex I to Regulation         the refund shall be the amount laid down in the Annex
(EEC) No 1722/93 the refunds given in the Annex to this         multiplied by 1 /80th of the actual dry-extract percentage.
Regulation shall be applied on presentation, at the accep­
tance of the export declaration and the request for obtai­      For all other starches with a dry-extract content of 87 %
ning the export refund, of proof that the basic products        or more, the rate of the export refund shall be as laid
used in the manufacture of the products to be exported          down in the Annex ; where the dry-extract content is less
have not benefited from the production refund provided          then 87 % the amount of the refund shall be the rate laid
                                                                down in the Annex multiplied by 1 /87th of the actual
(') OJ No L 102, 28. 4. 1993, p. 14.                            dry-extract percentage.
 ---pagebreak--- 29. 12. 93                           Official Journal of the European Communities                            No L 328/33
3 . For the purposes of paragraph 1 above, the                 content of the said syrups is less than 78 %, the rate
dryextract content of starches shall be determined using       applied shall be equal to the rate of refund set in accor­
the method applied to flour in Annex II to Commission          dance with the Annex multiplied by the actual percentage
Regulation (EEC) No 1908/84 ('), as last amended by            of dry extract and divided by 78 .
Regulation (EEC) No 2507/87 (2).
                                                               2. For the purposes of the preceding paragraph, the dry
4. At the time of application for the export refund for        matter content of glucose syrup or maltodextrine syrup
                                                               shall    be  determined    in   accordance with Method 2
the goods the applicant must declare the dry-extract
                                                               described in Annex II to Council Directive 79/796/EEC
content of the starches concerned, unless this information
has been recorded by the competent authorities referred        (3), or in accordance with any other appropriate method of
to in Article 3 (2) of Regulation (EEC) No 3035/80, in         analysis which offer at least the same guarantees.
accordance with the provisions of that paragraph.              3. When applying for the export refund, the applicant
                                                               must state the dry extract content of the glucose syrup
                                                               and maltodextrine syrup used, unless this information has
                         Article 3
                                                               been recorded by the competent body referred to in
                                                               Article 3 (2) of Regulation (EEC) No 3035/80, as provided
1 . If the dry extract content of glucose syrup or malto­      for in that paragraph.
dextrine syrup falling within CN code 1 702 30 59,
1702 30 99, 1702 40 90, 1702 90 50 or 2106 90 55 is                                        Article 4
greater than or equal to 78 %, the rate of refund shall be
that set in accordance with the Annex ; if the dry extract     This Regulation shall enter into force on 1 January 1994.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 28 December 1993.
                                                                           For the Commission
                                                                           Martin BANGEMANN
                                                                               Vice-President
(') OJ No L 178, 5. 7. 1984, p. 22.
O OJ No L 235, 20. 8 . 1987, p. 10 .                           (3) OJ No L 239, 22. 9. 1979, p. 24.
 ---pagebreak--- No L 328/34                          Official Journal of the European Communities                                  29 . 12. 93
                                                            ANNEX
          to the Commission Regulation of 28 December 1993 fixing the rates of the refunds applicable to
          certain cereals and rice products exported in the 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 (2)
              1001 10 00    Durum wheat :
                            — used unprocessed :
                            — — on exports of goods falling within CN codes 1902 11 and
                                   1902 19 to the United States of America                             —
                            — — in all other cases                                                     —
                            — used in the form of :
                            — — pellets of CN code 1 1 03, or grains otherwise worked (other
                                  than hulled, kibbled, or germ) of CN code 1104                       —
                            — — hulled grains of CN code 1 104 and starch of CN code 1 108             —
                            — — germ of CN code 1104                                                   —
                            — — gluten of CN code 1 1 09                                               —
                            — — other (except flours of CN code 1 101 and groats and meal of
                                  CN code 1103)                                                        —
              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                             1,690
                            — — in all other cases                                                   2,816
                            — used in the form of :
                            — — pellets of CN code 1 1 03, or grains otherwise worked (other
                                  than hulled, kibbled, or germ) of CN code 1104                      1,690
                            — — hulled grains of CN code 1104 and starch of CN code 1 108            2,534
                            — — germ of CN code 1104                                                 0,986
                            — — gluten of CN code 1109                                                 —
                            — — other (except flours of CN code 1 101 , and groats and meal of
                                  CN code 1103                                                       2,816
             1002 00 00     Rye :
                            — used unprocessed                                                       2,816
                            — used in the form of :
                            — — pellets of CN code 1103, or pearled grains of CN code 1104           1,690
                            — — rolled or flaked grains and hulled grains of CN code 1104            2,534
                            — — germ of CN code 1104                                                 1,236
                            — — starch of CN code 1108 19 90                                         3,531
                            — — gluten of CN code 2303 10 90                                          —
                            — — other (except flours of CN code 1102)                                2,816
             1003 00 80     Barley :
                            — used unprocessed                                                       6,680
                            — used in the form of :
                            — — flours of CN code 1102, groats and meal of CN code 1103,
                                  or rolled, flaked or pearled grains of CN code 1104                4,676
                            — — pellets of CN code 1103                                              4,008
                            — — germs of CN code 1104                                                1,236
                            — — starch of CN code 1108 19 90                                         3,531
                            — — gluten of CN code 2303 10 90                                          —
                            — — other                                                                6.680
 ---pagebreak--- 29 , 12. 93                                  Official Journal of the European Communities                                             No L 328/35
                                                                                                                    Rate of refund
                    CN code                                 Description of products (')                           per 100 kg of basic
                                                                                                                      product (J)
                   1004 00 00       Oats :
                                    — used unprocessed                                                                   5,810
                                    — used in the form of :
                                    — — pellets of CN code 1103, and pearled grains of CN code
                                            1104                                                                         3,486
                                    — — rolled or flaked grains and hulled grains of CN code 1 104                       5,229
                                           germs of CN code 1104                                                         1,236
                                    — — starch of CN code 1108 19 90                                                     3,531
                                    — - gluten of CN code 2303 10 90                                                      —
                                           other                                                                         5,810
                  1005 90 00        Maize (Corn):
                                    — used unprocessed                                                                   3,531
                                    — used in the form of :
                                    — — flours of CN codes 1 1 02 20 10 and 1 1 02 20 90                                 2,472
                                    — — groats and meal of CN code 1003 and rolled or flaked grains
                                           of CN code 1104                                                               2,825
                                    — — pellets of CN code 1103                                                          2,119
                                    — — hulled or perled grains of CN code 1104                                          3,178
                                    — — germs of CN code 1104                                                            1,236
                                           starch of CN code 1108 12 00                                                 3,531
                                    — — gluten of CN code 2303 10 11                                                     1,412
                                           other 0                                                                      3,531
                  1006 20           Round grain husked rice                                                            18,910
                                    Medium grains husked rice                                                          16,836
                                    Long grain husked rice                                                             16,836
               K 1006 30            Round grain wholly-milled rice                                                     24,400
                                   Medium grain wholly-milled rice                                                     24,400
                                    Long grain wholly-milled rice                                                      24,400
                  1006 40 00        Broken rice :
                                    — used unprocessed                                                                  5,300
                                    — used in the form of :
                                    — — flour of CN code 1102 30, groats and meal or pellets of CN
                                           code 1103                                                                    5,300
                                    — — flaked grains of CN 1104 1991                                                   3,180
                                    — — starch of CN code 1108 19 10                                                    5,300
                                    — — other                                                                            —
                  1007 00 90       Sorghum                                                                              5,810
                  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                                          2,078
                                    — in all other cases                                                                3,464
                  1102 1000        Rye flour                                                                            3,858
                  1103 11 10       Groats and durum wheat meal :
                                    — on exports of goods falling within CN codes 1 902 1 1 and
                                       1902 19 to the United States of America                                           —
                                    — in all other cases                                                                 —
                  1103 11 90       Common wheat groats and spelt :
                                    — on exports of goods falling within CN codes 1 902 1 1 and
                                       1902 19 to the United States of America                                           —
                                    — in all other cases                                                                 —
            (') The quantities of semi-processed products used must be multiplied, as the case may be, by the coefficients shown in
                Annex I to Commission Regulation (EEC) No 1620/93 (OJ No L 155, 26. 6. 1993, p. 29).
            (2) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where the condi­
                tions laid down in Regulation (EEC) No 990/93 are observed.
            (3) For syrups of CN codes 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the
                export refund may be granted only for the glucose syrup.