31987R4037
31 . 12. 87 Official Journal of the European Communities No L 378 /75
COMMISSION REGULATION (EEC) No 4037/87 of 29 December 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 3989/87 (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 3990/87 (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 Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75 effect applicable in all Member States in accordance with and Article 17 ( 1 ) of Regulation (EEC) No 1418/76 the Regulation on the common organization of the provides that the difference between quotations of prices market in the product in question to the basic products on the world market for the products listed in Article 1 of listed in Annex A to that Regulation or to assimilated each of those Regulations and the prices within the products ; whereas such production refunds are granted 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 (J), as last amended by Regulation (EEC) No 3794/85 (8), and Council Regula Whereas Council Regulation (EEC) No 3035/80 of 11 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 (9) ; in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds Q, as last amended by Regulation (EEC) No 4055/87 (*), 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 in 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 . 0 OJ No L 377, 31 . 12. 1987, p. 1 . (3) OJ No L 166, 25. 6. 1976, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 57. M OJ No L 377, 31 . 12. 1987. (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. («) OJ No L 379, 31 . 12. 1987, p. 1 . (10) OJ No L 62, 7. 3. 1980, p. 5.
31 . 12. 87 No L 378/76 Official Journal of the European Communities
either in Article 1 of Regulation (EEC) No 2727/75 or in Regulation (EEC) No 2026/83 ('), and Commission Regu lation (EEC) No 798/80 of 31 March 1980 laying down Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in the form of goods listed in Annex B to Regulation (EEC) general rules on the advance payment of export refunds No 2727/75 or in Annex B to Regulation (EEC) No and positive monetary compensatory amounts in respect 1418/76 respectively, are hereby fixed as shown in the of agricultural products (2), as last amended by Regulation Annex to this Regulation. (EEC) No 471 /87 (3), lay down mles on the advance payment of export refunds that must be adhered to when 2. For the products listed in the Annex to Regulation these are adjusted ; (EEC) No 1009/86, the refunds given in the Annex to this Regulation shall be applied on presentation, at the accept Whereas, now that a settlement has been reached between ance of the export declaration and the request for obtain the European Economic Community and the United ing the export refund, of proof that the basic products States of America on Community exports of pasta used in the manufacture of the products to be exported products to the United States and has been approved by have not benefited from the production refund provided Council Decision 87/482/EEC (4), it is necessary to differ for in that Regulation, and (hat such refund will not be entiate the refund on goods falling within subheadings 1902 11 and 1902 19 of the combined nomenclature applied for. according to their destination ; The proof referred to in the first subparagraph is provided by the presentation by the exporter of a declaration from Whereas Council Regulation (EEC) No 2658/87 of 23 the processor of the basic product in question attesting July 1987 on the tariff and statistical nomenclature and that the latter product has not benefited from a produc on the Common Customs Tariff (*) has established, as tion refund as provided for in Regulation (EEC) No from 1 January 1988, a new combined nomenclature, 1009/86, and that no application for such refund will be which will meet the requirements both of the Common made. Customs Tariff and the external trade statistics of the Community and which will replace the Nomenclature of 3 . When the proof referred to in paragraph 2 is not the Convention of 15 December 1950 ; whereas therefore provided, the export refund : the corresponding tariff headings according to the (a) applicable on the date of export of the goods, when combined nomenclature have to be indicated ; the rate is not fixed in advance ; or Whereas the measures provided for in this Regulation are (b) of which the rate is fixed in advance, in accordance with the opinion of the Management will be reduced by the amount of the production refund Committee for Cereals, applicable under Regulation (EEC) No 1009/86 to the basic product in question on the day of acceptance of the export declaration for the goods, or on the day specified HAS ADOPTED THIS REGULATION : in Article 3 (2) of Regulation (EEC) No 798/80, if the goods have been placed under the export refund advance Article 1 payment arrangements .
1 . Without prejudice to paragraphs 2 and 3 the rates of Article 2 the refunds applicable to the basic products appearing in Annex A to Regulation (EEC) No 3035/80 and listed This Regulation shall enter into force on 1 January 1988 .
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 29 December 1987. For the Commission Frans ANDRIESSEN Vice-President
(') OJ No L 199, 22. 7. 1983, p. 12. M OJ No L 87, 1 . 4. 1980, p. 42. 0 OJ No L 48, 17. 2. 1987, p. 10. o OJ No L 275, 29. 9. 1987, p. 36. o OJ No L 256, 7. 9. 1987, p. 1 .
31 . 12. 87 Official Journal of the European Communities No L 378 /77
ANNEX
to the Commission Regulation of 30 December 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) Rate CN code Description of refund
1001 10 90 Durum wheat : — On exports of goods falling within subheadings 1902 11 00 and 1902 19 to the United States of America 11,338 — In all other cases 15,426
1001 90 99 Common wheat, and meslin (mixed wheat and rye) : — For the manufacture of starch 11,233 I
— Other than for the manufacture of starch : — On exports of goods falling within subheadings 1 902 11 00 and 1 902 19 to the United States of America 9,285 — In all other cases 12,633
1002 00 00 Rye 12,186 1003 00 90 Barley 13,813
1004 00 90 Oats 13,083 1005 90 00 Maize, other than hybrid maize for sowing : — For the manufacture of starch 11,709 — Other than for the manufacture of starch 12,709 1006 20 10 Round grain husked rice 40,005 1006 20 90 Long grain husked rice 38,999 1006 30 91 Round grain wholly milled rice 51,619 1006 30 99 Long grain wholly milled rice 56,520 1006 40 00 Broken rice : — For the manufacture of starch 17,113 I
— Other than for the manufacture of starch 18,313
1007 00 90 Sorghum 8,003 1101 00 00 Wheat or meslin flour : — On exports of goods falling within subheadings 1902 11 00 and 1902 19 to the United States of America 11,020 — In all other cases 14,993
1102 10 00 Rye flour 22,484 1103 11 10 Durum wheat groats and meal : I
— On exports of goods falling within subheadings 1902 11 00 and 1902 19 to the United States of America 17,574 — In all other cases 23,910 1103 11 90 Common wheat groats and meal : — On exports of goods falling within subheadings 1902 11 00 and 1902 19 to the United States of America 11,020 — In all other cases 14,993