CELEX: 31990R1100
Language: en
Date: 1990-05-01 00:00:00
Title: Commission Regulation (EEC) No 1100/90 of 30 April 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

1 . 5 . 90                                 Official Journal of the European Communities                             No L 111 /37
                                       COMMISSION REGULATION (EEC) No 1100/90
                                                          of 30 April 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
                                                                           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 201 /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               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 (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 (5), as last amended by Regulation (EEC) No                   question has previously benefited from a production
3209/88 (6), 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 ("), 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 354/90 (l3), 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 .                            (8) OJ  No L 268, 15. 9. 1989, p. 20 .
(2) OJ   No L  22, 27. 1 . 1990, p. 7.                                0 OJ    No L 3, 6. 1 . 1990, p. 9.
(') OJ   No L  166, 25. 6. 1976, p. 1 .                               (,0) 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.                             H OJ     No L 351 , 14. 12. 1987, p. 1 .
(*) OJ   No L  286, 20 . 10. 1988, p. 6.                              H OJ     No L 38, 10. 2. 1990, p. 34.
 ---pagebreak--- No L 111 /38                           Official Journal of the European Communities                                   1 . 5. 90
Whereas, now that a settlement has been reached between            have not benefited from the production refund provided
the European Economic Community and the United                     for in that Regulation, and that such refund will not be
States of America on Community exports of pasta                    applied for.
products to the United States and has been approved by
Council Decision 87/482/EEC ('), it is necessary to differ­        The proof referred to in the first subparagraph is provided
entiate the refund on goods falling within CN codes                by the presentation by the exporter of a declaration from
190211 00 and 1902 19 according to their destination ;             the processor of the basic product in question attesting
                                                                   that the latter product has not benefited from a produc­
Whereas, in order to ensure equitable treatment between            tion refund as provided for in Regulation (EEC) No
maize products exported in the form of pellets falling             1009/86, and that no application for such refund will be
within CN code 1904 10 and other maize products, it is             made.
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,
                            Article 1                              will be reduced by the amount of the production refund
                                                                   applicable pursuant to Regulation (EEC) No 1009/86 to
1 . Without prejudice to paragraphs 2 and 3 the rates of           the basic product in question on the day of acceptance of r
the refunds applicable to the basic products appearing in          the export declaration for the goods, or on the day speci­
Annex A to Regulation (EEC) No 3035/80 and listed                  fied in Article 26 (2) of Regulation (EEC) No 3665/87, if
either in Article 1 of Regulation (EEC) No 2727/75 or in           the goods have been placed under the export refund
Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in        advance payment arrangements.
the form of goods listed in Annex B to Regulation (EEC)
No 2727/75 or in Annex B to Regulation (EEC) No                                              Article 2
1418/76 respectively, are hereby fixed as shown in the
Annex to this Regulation.                                          The provisions of Article 1 (2) and (3) of this Regulation
                                                                   shall also apply to starches having on acetyl content by
2. For the products listed in the Annex to Regulation              weight in the dry product of 0,25 % or more but less than
(EEC) No 1009/86, the refunds given in the Annex to this           0,5 %
Regulation shall be applied on presentation, at the accept­
ance of the export declaration and the request for obtain­                                   Article 3
ing the export refund, of proof that the basic products
used in the manufacture of the products to be exported             This Regulation shall enter into force on 1 May 1990.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 30 April 1990.
                                                                             For the Commission
                                                                             Martin BANGEMANN
                                                                                 Vice-President
(') OJ No L 275, 29. 9. 1987, p. 36.
 ---pagebreak--- 1 . 5 . 90                      Official Journal of the European Communities                               No L 111 /39
                                                        ANNEX
           to the Commission Regulation of 30 April 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)
                                                                                                  Rate
                 CN code                                   Description                         of refund
                1001 10 90       Durum wheat :
                                 — On exports of goods falling within CN codes
                                     1902 1 1 00 and 1902 19 to the United States of America    10,905
                                 — In all other cases                                           12,829
                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      6,117
                                     In all other cases                                          7,196
                1002 00 00       Rye                                                             8,190
                1003 00 90       Barley                                                           8,251
                1004 00 90       Oats                                                             8,790
                1005 90 00       Maize, other than hybrid maize for sowing) :
                                 — On exports of pellets with a fat content exceeding
                                     1,5 % in the form of goods falling within CN code
                                     1904 10                                                     4,972
                                 — In all other cases                                             8,774
               1006 20           Round grain husked rice                                        23,320
                                 Medium grain husked rice                                       17,223
                                 Long grain husked rice                                         17,223
            ex 1006 30           Round grain wholly milled rice                                 32,097
                                 Medium grain wholly milled rice                                32,567
                                 Long grain wholly milled rice                                  32,567
                1006 40 00       Broken rice                                                    14,999
                1007 00 90       Sorghum                                                          6,332
                1101.00 00       Wheat or meslin flour :
                                 — On exports of goods falling within CN codes
                                     1 902 1 1 00 and 1902 19 to the United States of America     7,184
                                 — In all other cases                                             8,452
                1102 10 00       Rye flour                                                      18,336
                1103 1110        Durum wheat groats and meal :
                                 — On exports of goods falling within              CN codes
                                     1902 11 00 and 1902 19 to the United States of America     16,902
                                 — In all other cases                                           19,885
                1103 11 90       Common 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      7,184
                                 — In all other cases                                             8,452