CELEX: 31990R2535
Language: en
Date: 1990-09-01 00:00:00
Title: Commission Regulation (EEC) No 2535/90 of 31 August 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 237/80                                Official Journal of the European Communities                                 1 . 9. 90
                                        COMMISSION REGULATION (EEC) No 2535/90
                                                         of 31 August 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
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 1 340/90 (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 1806/89 (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               2779/89 (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 (»)
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
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 ("),. 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 (l2), as last
                                                                     amended by Regulation (EEC) No 1615/90 (°), 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 .                           («) OJ No L 268, 15. 9. 1989, p. 20.
(2) OJ No  L   134,  28 . 5. 1990, p. 1 .                            C) OJ No L 3, 6. 1 . 1990, p. 9.
0   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.                           (> 2) OJ No L 351 , 14. 12. 1987, p. 1 .
(«) OJ No  L   286,  20. 10. 1988, p. 6.                              (13) OJ No L 152, 16. 6. 1990, p. 33.
 ---pagebreak--- 1 . 9 . 90                             Official Journal of the European Communities                            No L 237/81
Whereas, now that a settlement has been reached between           Regulation shall be applied on presentation, at the accept­
the European Economic Community and the United                    ance of the export declaration and the request for obtain­
States of America on Community exports of pasta                   ing the export refund, of proof that the basic products
products to the United States and has been approved by            used in the manufacture of the products to be exported
Council Decision 87/482/EEC ('), it is necessary to differ­       have not benefited from the production refund provided
entiate the refund on goods falling within CN codes               for in that Regulation, and that such refund will not be
1902 11 00 and 1902 19 according to their destination ;           applied for.
Whereas, in order to ensure equitable treatment between           The proof referred to in the first subparagraph is provided
maize products exported in the form of pellets, rolled or         by the presentation by the exporter of a declaration from
flaked grains falling within CN code 1904 10 and other            the processor of the basic product in question attesting
maize products, it is necessary to differentiate the refunds      that the latter product has not benefited from a produc­
on those goods ;                                                  tion refund as provided for in Regulation (EEC) No
                                                                   1009/86, and that no application for such refund will be
Whereas, in view of the present circumstances in the              made.
German Democratic Republic and their effects on the
market situation, no refund should be fixed for products          3. When the proof referred to in paragraph 2 is not
to be exported to that destination ;                              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 ;
                                                                  (b) of which the rate is fixed in advance,
HAS ADOPTED THIS REGULATION :
                                                                  will be reduced by the amount of the production refund
                                                                   applicable pursuant to Regulation (EEC) No 1009/86 to
                            Article 1
                                                                   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                    The provisions of Article 1 (2) and (3) of this Regulation
 1418/76 respectively, are hereby fixed as shown in the            shall also apply to starches having on acetyl content by
Annex to this Regulation .                                         weight in the dry product of 0,25 % or more but less than
However, no refund shall be fixed for such products                0,5 %
exported with destination the German Democratic Repu­
blic.                                                                                        Article 3
2.      For the products listed in the Annex to Regulation         This Regulation shall enter into force on 1 September
(EEC) No 1009/86, the refunds given in the Annex to this            1990 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.                                         '
                    Done at Brussels, 31 August 1990 .
                                                                             For the Commission
                                                                             Martin BANGEMANN
                                                                                 Vice-President
 (') OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- No L 237/82                      Official Journal of the European Communities                               1 . 9. 90
                                                         ANNEX
            to the Commission Regulation of 31 August 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)
                  CN code                                                                          Rate
                                                           Description                          of refund
                 1001 10 90       Durum wheat :
                                 — On exports of goods falling within CN codes
                                      1902 11 00 and 1902 19 to the United States of America       9,800
                                 — In all other cases                                            13,066
                 1001 90 99       Common wheat, and meslin (mixed wheat and rye) :
                                 — On exports of goods falling within CN codes
                                      1902 11 00 and 1902 19 to the United States of America       7,081
                                 — In all other cases                                              9,442
                 1002 00 00       Rye                                                              7,623
                 1003 00 90       Barley                                                           9,934
                 1004 00 90       Oats                                                             8,421
                 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                                                  6,428
                                 — In all other cases                                            11,344
                1006 20           Round grain husked rice                                        21,097
                                  Medium grain husked rice                                       17,455
                                  Long grain husked rice                                         17,455
             ex 1006 30           Round grain wholly milled rice                                 27,354
                                  Medium grain wholly milled rice                                33,740
                                  Long grain wholly milled rice                                  33,740
                 1006 40 00       Broken rice                                                    17,516
                 1007 00 90       Sorghum                                                          6,857
                 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       8,354
                                  — In all other cases                                            11,139
                 1102 10 00       Rye flour                                                       17,040
                 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     15,189
                                  — In all other cases                                           20,252
                 1103 11 90       Common wheat groats and meal :
                                  — On exports of goods falling within CN codes
                                      1902 11 00 and 1902 19 to the United States of America :     8,354
                                  — In all other cases                                            11,139