31987R2926

No L 278 / 36 Official Journal of the European Communities 1 . 10 . 87

COMMISSION REGULATION (EEC) No 2926/ 87 of 30 September 1987 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 cultural products covered by Annex II to the Treaty Having regard to Council Regulation (EEC) No 2727/75 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 1900/87 (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 1907/ 87 (4), and in particular the first sentence of the whereas Article 4 (3) of Regulation (EEC) No 3035/ 80 fourth subparagraph of Article 17 (2) thereof, provides that, when the rate of the refunds is being fixed, account should be taken, where appropriate, of produc­ tion refunds, aids or other measures having equivalent effect applicable in all Member States in accordance with Whereas Article 16 ( 1 ) of Regulation (EEC) No 2727/75 and Article 17 ( 1 ) of Regulation (EEC) No 1418 /76 the Regulation on the common organization of the market in the product , in question-. to the basic products provides that the difference between quotations of prices on the world market for the products listed in Article 1 of listed in Annex A to that Regulation or to assimilated products ; whereas such production refunds are granted each of those Regulations and the prices within the Community may be covered by an export refund ; under the conditions laid down in Council Regulation (EEC) No 2742/75 of 29 October 1975 on production refunds in the cereals and rice sectors Q, as last amended by Regulation (EEC) No 3794/85 (8), and Council Regula­ Whereas Council Regulation (EEC) No 3035/ 80 of 1 1 tion (EEC) No 1009/86 of 25 March 1986 establishing November 1980 laying down general rules for granting general rules applying to production refunds in the export refunds on certain agricultural products exported cereals and rice sector H ; in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds (5), as last amended by Regulation (EEC) Nox 2223/ 86 (% specifies the products for which a rate of Whereas account should be taken , for the purposes of refund should be fixed,, to be applied where these Article 4 (3) of Regulation (EEC) No 3035/80 , of the products are exported in the form of goods listed in production refund provided for in Regulation (EEC) No Annex B to Regulation (EEC) No 2727/75 or ini Annex B 2742/75 applicable during the month in which exporta­ to Regulation (EEC) No 1418 /76 as appropriate ; tion occurs ; whereas, moreover, in the absence of evidence that no production refund was granted under Regulation (EEC) No 1009/86 the export refund should Whereas, in accordance with the first subparagraph of be further reduced by the amount of the production Article 4 ( 1 ) of Regulation (EEC) No 3035 / 80 , the rate of refund applicable on the day of acceptance of the export the refund per 100 kilograms for each of the basic declaration ; whereas this system is the only one which products in question must be fixed for each month ; discards the risk of fraud :

Whereas , in accordance with paragraph 2 of that Article, Whereas Council Regulation (EEC) No 565 / 80 of 4 that rate must be determined with particular reference to : March 1980 on the advance payment of export refunds in respect of agricultural products (10), as last amended by (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 182, 3 . 7. 1987, p. 40 . (3) OJ No L 166, 25 . 6 . 1976, p. 1 . 0 OJ No L 281 , ' 1 . 11 . 1975, p. 57. (4) OJ No L 182, 3 . 7. 1987, p . 51 . (8) OJ No L 367, 31 . 12. 1985, p. 20 . 0 OJ No L 323 , 29 . 11 . 1980 , p. 27. 0 OJ No L 94, 9 . , 4. 1986, p. 6 . Ó OJ No L 194, 17. 7. 1986, p. 1 . ( I0) OJ No L 62, 7. 3 . 1980, p. 5.

1 . 10 . 87 Official Journal of the European Communities No L 278 /37

Regulation (EEC) No 2026/83 ('), and Commission Regu­ 2. For the products listed in the Annex to Regulation lation (EEC) No 798 / 80 of 31 March 1980 laying down (EEC) No 1009/86, the refunds given in the Annex to this general rules on the advance payment of export refunds Regulation shall be applied on presentation, at the accept­ and positive monetary compensatory amounts in respect ance of the export declaration and the request for obtain­ of agricultural products (2), as last amended by Regulation ing the export refund,* of proof that the basic products (EEC) No 471 /87 (3), lay down rules on the advance used in the manufacture of the products to be exported payment of export refunds that must be adhered to when have not benefited from the production refund provided these are adjusted ; for in that Regulation, and that such refund will not be applied for. Whereas, now that a. settlement has been reached between the European Economic Community and the United The proof referred to in the' first subparagraph is provided States of America on Community exports of pasfa by the presentation by the exporter of a declaration from products to the United States and has been approved by the - processor of the basic product in question attesting Council Decision 87/482/EEC (4), it is necessary to differ­ that the latter product has not benefited from a produc­ entiate the refund on goods falling within Common tion refund as provided for in Regulation (EEC) No Customs Tariff heading No 19,03 according to their desti­ 1009/ 86, and that no application for such refund will be nation . made . Whereas the measures provided for in this Regulation are 3. When the proof referred to in paragraph 2 is not in accordance with the opinion of the Management provided, the , export refund : Committee for Cereals, (a) applicable on the date of export of the goods, when the rate is not fixed in advance ; or 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 under Regulation (EEC) No 1009/86 to the 1 . Without prejudice to paragraphs 2 and 3 the rates of basic product - in question on the day of acceptance of the the refunds applicable to the basic products appearing in export declaration for the goods, or on the day specified Annex A to Regulation (EEC) No 3035/80 and listed in Article 3 (2) of Regulation (EEC) No 798 /80 , if the either in Article 1 of Regulation (EEC) :No 2727/75 or in goods have been placed under the export refund advance Article 1.(1 ) of Regulation (EEC) No 1418 /76, exported in 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 . This Regulation shall enter into force on 1 October 1987.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 30 September 1987 . \ For the Commission Frans ANDRIESSEN Vice-President

0 OJ No L 199 , 22. 7. 1983 , p, 12. (2) OJ No L 87, 1 . 4. 1S>80 , p. 42. (3) OJ No L 48 , 17. 2. 1987, p. 10 . ft OJ No L 275, 29 . 9 . 1987, p. 36 .

No L 278 /38 Official Journal of = the European Communities 1 . 10 . 87

ANNEX

to the Commission Regulation of 30 September 1987 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) CCT Rate heading Description of refund No

/ 10.01 B I Common wheat, and meslin (mixed wheat and rye) : — For the manufacture of starch 10,800 — Other than for the manufacture of starch : — On exports of goods -falling under heading No 19.03 to the United States of America 8,845 — In all other cases 12,200 10.01 B II Durum wheat : — On exports of goods falling under heading No 19.03 to the , United States of America 10,942 — In all other cases 15,093 10.02 Rye 10,787 • 10.03 . Barley 12,622 10.04 Oats 11,839 10.05 B Maize, other than hybrid maize for sowing : — For the manufacture of starch 11,029 — Other than for the manufacture of starch 12,029 10.06 B I b) 1 Round grain husked rice : v 41 ,-338 10.06 B lb) 2 Long grain husked rice 40,901 10.06 B II b) 1 Round grain wholly milled rice 53,339. 10.06 B II b) 2 Long grain wholly milled rice 59,277 10.06 B III Broken rice : — For the manufacture of starch 18,851 — Other - than for the manufacture of starch 20,051 10.07 C Sorghum 8,435 11.01 A Wheat or meslin flour : — On exports of goods falling under heading No 19.03 to the United States of America 10,530 — In all other cases 14,524 11.01 B Rye flour 21,103 1 1 .02 A I a) Durum wheat groats and meal : 1 — On exports of goods falling under heading No 19.03 to the United States of America 16,961 — In all other cases 23,394 1 1 .02 A I b) Common wheat groats and meal : — On exports of goods falling under heading No 19.03 to the United States of America 10,530 — In all other cases 14,524