Commission Regulation (EEC) No 2723/87 of 10 September 1987 laying down special detailed rules for the application of the system of export refunds on cereals exported in the form of pasta products falling within heading No 19.03 of the Common Customs Tariff

granCOMMISS REGULATION (EEC) No 2723/87
of 10 September 1987
laying down special detailed rules for the application of the system of export refunds on cereals exported in the form of pasta products falling within heading No 19.03 of the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals (1), as last amended by Regulation (EEC) No 1900/87 (2), and in particular Articles 16 (6) and 24 thereof,
Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting export refunds on cereals and criteria for fixing the amount of such refunds (3), and in particular Article 8 (2), second subparagraph, and (3) thereof,
Whereas Commission Regulation (EEC) No 2730/79 (4), as last amended by Regulation (EEC) No 1180/87 (5), lays down common detailed rules for the application of the system of export refunds on agricultural products;
Whereas Article 4 (7) of Council Regulation (EEC) No 3035/80 (6) of 11 November 1980, as last amended by Regulation (EEC) No 2223/86 (7), provides that the refund on goods falling within heading No 19.03 of the Common Customs Tariff may be differentiated according to their destination;
Whereas, under the common commercial policy, provision has been made for such differentiation, with effect from 1 October 1987, in the case of exports of the said goods to the United States of America;
Whereas Article 21 of Regulation (EEC) No 2730/79 provides that the part of the refund paid once the product has left the geographical territory of the Community is to be calculated on the basis of the lowest rate of refund; whereas that provision may impede exports of pasta products falling within heading No 19.03 of the Common Customs Tariff to destinations other than the United States of America; whereas, therefore, an exception should be made from that rule;
Whereas the concept of the lowest rate of refund is also found in Council Regulation (EEC) No 565/80 (8);
Whereas, consequently, it is important to lay down detailed rules for applying the refund system which prevent the administrative control formalities from being unduly burdensome; whereas, for this purpose exceptions should be made from some of the detailed rules laid down in Regulation (EEC) No 2730/79;
Whereas, following the decisions taken under the common commercial policy, provision should be made so that pasta products falling within heading No 19.03 of the Common Customs Tariff and exported to the United States are accompanied either by a certificate stating that they are being exported following an inward processing operation or by a certificate stating that they qualify for a rate of refund applicable, in the case of exports to the United States of America, to the basic cereal products used in their manufacture; whereas the said pasta products may have been manufactured from basic cereal products some of which have been subject to inward processing arrangements and some of which have been in one of the situations referred to in Article 9 (2) of the Treaty; whereas, accordingly, provision should be made so that any one quantity of pasta products exported to the United States of America may be accompanied by only one of the said certificates;
Whereas, if the system is to be properly managed, the competent authorities in the Member States must communicate the necessary statistics to the Commission;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,