CELEX: 31991R3850
Language: en
Date: 1991-12-31 00:00:00
Title: Commission Regulation (EEC) No 3850/91 of 30 December 1991 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 362/44                                Official Journal of the European Communities                               31 . 12. 91
                                       COMMISSION REGULATION (EEC) No 3850/91
                                                       of 30 December 1991
                  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 3577/90 (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
Having regard to Council Regulation (EEC) No 1418/76                       processing arrangements ;
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
fourth subparagraph of Article 17 (2) thereof,                        Whereas in the absence of evidence that no production
                                                                      refund was granted pursuant to Council Regulation (EEC)
                                                                      No 1009/86 of 25 March 1986 establishing general rules
Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75                applying to production refunds in the cereals and rice
and Article 17 (1 ) of Regulation (EEC) No 1418/76                    sector f), as last amended by Regulation (EEC)
                                                                      No 3655/90 (8), the export refund should be reduced by
provides that the difference between quotations of prices
on the world market for the products listed in Article 1 of           the amount of the production refund applicable on the
                                                                      day of acceptance of the export declaration ; whereas this
each of those Regulations and the prices within the
Community may be covered by an export refund ;                        system is the only one wich avoids the risk of fraud ;
Whereas Council Regulation (EEC) No 3035/80 of                        Whereas Council Regulation (EEC) No 565/80 of
11 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 (9), as amended by
in the form of goods not covered by Annex II to the                   Regulation (EEC) No 2026/83 (10), and Commission Regu­
Treaty, and the criteria for fixing the amount of such                lation (EEC) No 3665/87 of 27 November 1987 laying
refunds (*), 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 (u), as
refund should be fixed, to be applied where these                      last amended by Regulation (EEC) No 1615/90 (l2), 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, in accordance with the first subparagraph of                 Whereas, now that a settlement has been reached between
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 (13), it is necessary to differ­
                                                                       entiate the refund on goods falling within CN codes
Whereas, in accordance with paragraph 2 of that Article,               1902 11 00 and 1902 19 according to their destination ;
that rate must be determined with particular reference to :
                                                                       O OJ No L 94. 9 . 4. 1986, p. 6.
(')  OJ No  L  281 , 1 . 11 . 1975, p. 1 .                             (8) OJ No L 362, 27. 12. 1990, p. 33.
(2)  OJ No  L  353,  17. 12. 1990, p. 23.                              O OJ No L 62. 7. 3. 1980, p. 5.
 0   OJ No  L  166,  25. 6. 1976, p. 1 .                               o OJ No L 199, 22. 7. 1983, p. 12.
 (4) OJ No  L  177,  24. 6. 1989, p. 1 .                               (") OJ No L 351 , 14. 12. 1987, p. 1 .
 O   OJ No  L  323,  29. 11 . 1980, p. 27.                             H OJ No L 152, 16. 6. 1990, p. 33 .
 0   OJ No  L  327,  27. 11 . 1990, p. 4.                              H OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- 31 . 12. 91                           Official Journal of the European Communities                            No L 362/45
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 measures provided for in this Regulation are         by the presentation by the exporter of a declaration from
in accordance with the opinion of the Management                 the processor of the basic product in question attesting
Committee for Cereals,                                           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 foir 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 January 1992.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 30 December 1991 .
                                                                           For the Commission
                                                                           Martin BANGEMANN
                                                                               Vice-President
 ---pagebreak--- No L 362/46                        Official Journal of the European Communities                                     31 . 12. 91
                                                            ANNEX
            to the Commission Regulation of 30 December 1991 fixing the rates of the refunds applicable
            from 1 November 1991 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
              1001 10 90    Durum wheat :
                            — used unprocessed :
                            — — on exports of goods falling within CN codes 1902 1 1 and
                                  1902 19 to the United States of America                              6,786
          \                 — — in all other cases                                                    12,338
                            — used in the form of :
                            — — pellets of CN code 1103, or grains otherwise worked (other
                                  than hulled, kibbled, or germ) of CN code 1104                       5,481
                                  hulled grains of CN code 1 104 and starch of CN code 1 108           8,221
                            — — germ of CN code 1104                                                   3,197
                            — — gluten of CN code 1109                                                  —
                            — — other (except flours of CN code 1101 and groats and meal of
                                  CN code 1103)                                                        9,134
                1001 90 99  Common wheat and meslin :                                         l
                            — used unprocessed :
                            — — on exports of goods falling within CN code 1902 1 1 and
          \                       1902 19 to the United States of America                              5,024
                            — — in all other cases                                                     9,134
                            — used in the form of :
                            — — pellets of CN code 1103, or grains otherwise worked (other
                                  than hulled, kibbled, or germ) of CN code 1104                       5,481
                            — — hulled grains of CN code 1104 and starch of CN code 1108               8,221
                            — — germ of CN code 1104                                                   3,197
                            — — gluten of CN code 1109                                                  —
                            — — other (except flours of CN code 1101 , and groats and meal of
          \                       CN code 1103                                                         9,134
                1002 00 00  Rye :                                                             l
                            — used unprocessed                                                        10,872
                            — used in the form of :
                            — — pellets of CN code 1103, or pearled grains of CN code 1104             6,523
                            — — rolled or flaked grains and hulled grains of CN code 1 104             9,785
                            — — germ of CN code 1104                                                   2,964
                            — — starch of CN code 1108 19 90                                           8,467
                            — — gluten of CN code 2303 10 90                                            —
                            — — other (except flours of CN code 1102)                                 10,872
                1003 00 90  Barley :
                            — used unprocessed                                                         9,145
                            — 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                 6,401
                            — — pellets of CN code 1103                                                5,487
                            — — germs of CN code 1104                                                  2,964
                            — — starch of CN code 1108 19 90                                           8,467
                            — — gluten of CN code 2303 10 90                                            —
                            — — other                                                                  9,145
 ---pagebreak--- 31 . 12. 91                                 Official Journal of the European Communities                                            No L 362/47
                                                                                                                  Rate of refund
                    CN code                                 Description of products (')                         per 100 kg of basic
                                                                                                                      product
                   1004 00 90       Oats :
                                     — used unprocessed                                                                 9,206
                                     — used in the form of :
                                     — — pellets of CN code 1103, and pearled grains of CN code
                                           1104                                                                         5,524
                                     — — rolled or flaked grains and hulled grains of CN code 1 104                     8,286
                                     — — germs of CN code 1104                                                          2,964
                                     — — starch of CN code 1108 19 90                                                   8,467
                                           gluten of CN code 2303 10 90                                                  —
                                     — — other                                                                          9,206
                   1005 90 00        Maize (Corn):
                                     — used unprocessed                                                                 8,467
                                     — used in the form of :
                                     — — flours of CN codes 1102 20 10 and 1102 20 90                                   5,927
            I                        — — groats and meal of CN code 1003 and rolled or flaked grains
            I                              of CN code 1104                                                              6,774
                                     — — pellets of CN code 1103                                                        5,080
            \                        — — hulled or perled grains of CN code 1104                                        7,621
                                     — — germs of CN code 1104                                                          2,964
                                     — — starch of CN code 1108 12 00                                                   8,467
                                     — — gluten of CN code 2303 10 11                                                   3,387
            \                        — — other                                                                          8,467
                   1006 20           Round grain husked rice                                                          23,852
                                     Medium grains husked rice                                                         19,261
                                     Long grain husked rice                                                           19,261
              ex 1006 30             Round grain wholly-milled rice                                                   30,903
                                     Medium grain wholly-milled rice                                                  36,068
                                     Long grain wholly-milled rice                                                    36,068
                   1006 40 00        Broken rice :
                                     — used unprocessed                                                                12,456
                                     — used in the form of :
                                     — — flour of CN code 1102, groats and meal or pellets of CN
                                           code 1103                                                                   12,456
                                     — — flaked grains of CN 1104                                                       7,474
                                     — — starch of CN code 1108 19 10                                                  12,456
                                     — — other                                                                           —
                   1007 00 90        Sorghum                                                                            6,096
                   1101 00 00        Wheat or meslin flour :                                                  l
                                     — on exports of goods falling within CN codes 1902 11 and
                                        1902 19 to the United States of America                                         6,002
                                     — in all other cases                                                              10,913
                   1102 10 00        Rye flour                                                                        20,959
                   1103 11 10        Durum wheat groats and meal :
                                     — on exports of goods falling within CN codes 1902 1 1 and
                                        1902 19 to the United States of America                                        10,518
                                     — in all other cases                                                              19,123
                   1103 11 90        Common wheat groats and meal :
                                     — on exports of goods falling within CN codes 1902 1 1 and
                                        1902 19 to the United States of America                                         6,002
                                     — in all other cases                                                              10,913
              (f) 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.