31988R0852

No L 87/28 Official Journal of the European Communities 31 . 3 . 88

COMMISSION REGULATION (EEC) No 852/88 of 30 March 1988 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 the Regulation on the common organization of the and Article 17 (1 ) of Regulation (EEC) No 1418/76 market in the product in question to the basic products provides that the difference between quotations of prices listed in Annex A to that Regulation or to assimilated on the world market for the products listed in Article 1 of products ; whereas such production refunds are granted each of those Regulations and the prices within the under the conditions laid down in Council Regulation Community may be covered by an export refund ; (EEC) No 2742/75 of 29 October 1975 on production refunds in the cereals and rice sectors f), 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 (') ; 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 pnly 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 (l) OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 377, 31 . 12. 1987, p. 1 . 0 OJ No L 166, 25. 6. 1976, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 57. (4) OJ No L 377, 31 . 12. 1987, p. 15. f) OJ No L 367, 31 . 12. 1985, p. 20. 0 OJ No L 323, 29. 11 . 1980, p. 27. (») OJ No L 94, 9. 4. 1986, p. 6. («) OJ No L 379, 31 . 12. 1987, p. 1 . (,0) OJ No L 62, 7. 3 . 1980, p. 5.

31 . 3 . 88 Official Journal of the European Communities No L 87/29

Regulation (EEC) No 2026/83 ('), and Commission Regu­ 2. For the products listed in the Annex to Regulation lation (EEC) No 3665/87 of 27 November 1987 laying (EEC) No 1009/86, the refunds given in the Annex to this down common detailed rules for the application of the Regulation shall be applied on presentation, at the accept­ system of export refunds on agricultural products (2) lay ance of the export declaration and the request for obtain­ down rules on the advance payment of export refunds ing the export refund, of proof that the basic products that must be adhered to when these are adjusted ; used in the manufacture of the products to be exported have not benefited from the production refund provided Whereas, now that a settlement has been reached between for in that Regulation, and that such refund will not be the European Economic Community and the United applied for. States of America on Community exports of pasta The proof referred to in the first subparagraph is provided products to the United States and has been approved by by the presentation by the exporter of a declaration from Council Decision 87/482/EEC (3), it is necessary to differ­ the processor of the basic product in question attesting entiate the refund on goods falling within subheadings 190211 00 and 1902 19 of the combined nomenclature that the latter product has not benefited from a produc­ tion refund as provided for in Regulation (EEC) No according to their destination ; 1009/86, and that no application for such refund will be made . Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management 3. When the proof referred to in paragraph 2 is not Committee for Cereals, provided, the export refund : (a) applicable on the date of acceptance of the export declaration for the goods, or on the day specified in Article 26 (2) of Regulation (EEC) No 3665/87, where HAS ADOPTED THIS REGULATION : the rate is not fixed in advance ; (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 26 (2) of Regulation (EEC) No 3665/87, 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 April 1988.

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

Done at Brussels, 30 March 1988 . For the Commission Frans . ANDRIESSEN Vice-President

(') OJ No L 199, 22. 7. 1983, p. 12. (2) OJ No L 351 , 14. 12. 1987, p. 1 . (3) OJ No L 275, 29. 9. 1987, p. 36.

No L 87/30 Official Journal of the European Communities 31 . 3 . 88

ANNEX

to the Commission Regulation of 30 March 1988 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 1 i 00 and 1902 19 to the United States of America 13,150 — In all other cases 16,235 1001 90 99 Common wheat, and meslin (mixed wheat and rye) : — For the manufacture of starch 10,411 — Other than for the manufacture of starch : — On exports of goods falling within subheadings 1902 11 00 and 1902 19 to the United States of America 9,567 — In all other cases 11,811 1002 00 00 Rye 10,025 1003 00 90 Barley 12,982 1004 00 90 Oats 11,767 1005 90 00 Maize, other than hybrid maize for sowing : — For the manufacture of starch 11,684 — Other than for the manufacture of starch 12,684 1006 20 10 Round grain husked rice 40,219 1006 20 90 Long grain husked rice 36,065 1006 30 91 Round grain wholly milled rice 51,895 1006 30 99 Long grain wholly milled rice 52,268 1006 40 00 Broken rice : — For the manufacture of starch 15,060 — Other than for the manufacture of starch 16,260 1007 00 90 Sorghum 8,052 1101 00 00 Wheat or meslin flour : On exports of goods falling within subheadings 1902 1 1 00 and 1902 19 to the United States of America 11,321 — In all - other cases 13,977 1102 10 00 Rye flour 22,551 1103 11 10 Durum wheat groats and meal : — On exports of goods falling within subheadings 1902 1 1 00 ahd 1902 19 to the United States of America 20,383 — In all other cases 25,164 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 ,321 — In all other cases 13,977