31989R0517

1 . 3 . 89 Official Journal of the European Communities No L 58 /29

COMMISSION REGULATION (EEC) No 517/89 of 28 February 1989 fixing the rates of the refunds applicable to certain cereal and rice products exported in die 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 166/89 (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 2229/88 (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 Q, as last amended Whereas Council Regulation (EEC) No 3035/80 of 11 by Regulation (EEC) No 1009/86 (8), and Council Regula­ November 1980 laying down general rules for granting tion (EEC) No 1009/86 of 25 March 1986 establishing export refunds on certain agricultural products exported general rules applying to production refunds in the in the form of goods not covered by Annex II to the cereals and rice sector : Treaty, and the criteria for fixing the amount of such refunds ^, as last amended by Regulation (EEC) No 3209/88 (®), specifies the products for which a rate of refund should be fixed, to be applied where these Whereas account should be taken, for the purposes of products are exported in the form of goods listed in Article 4 (3) of Regulation (EEC) No 3035/80, of the Annex B to Regulation (EEC) No 2727/75 or in Annex B production refund provided for in Regulation (EEC) No to Regulation (EEC) No 1418/76 as appropriate ; 2742/75 applicable during the month in which exporta­ tion occurs ; whereas, moreover, in the absence of evidence that no production refund was granted under Whereas, in accordance with the first subparagraph of Regulation (EEC) No 1009/86 the export refund should be further reduced by the amount of the production Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of the refund per 100 kilograms for each of the basic refund applicable on the day of acceptance of the export 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, that rate must be determined with particular reference to : Whereas Council Regulation (EEC) No 565/80 of 4 Match 1980 on the advance payment of export refunds in (') OJ No L 281 , 1 . 11 . 1975, p. 1 . respect of agricultural products (9), as amended by Regula­ (2) OJ No L 20, 25. 1 . 1989, p. 16. (3) OJ No L 166, 25. 6. 1976, p. 1 . (4) OJ No L 197, 26. 7. 1988 , p. 30. O OJ No L 281 , 1 . 11 . 1975, p. 57. 0 OJ No L 323, 29 . 11 . 1980, p. 27. («) OJ No L 94, 9 . 4. 1986, p. 6. (6) OJ No L 286, 20. 10. 1988, p. 6. 0 OJ No L 62, 7. 3 . 1980, p. 5.

No L 58 /30 Official Journal of the European Communities 1 . 3 . 89

tion (EEC) No 2026/83 (l), and Commission Regulation ance of the export declaration and the request for obtain­ (EEC) No 3665/87 of 27 November 1987 laying down ing the export refund, of proof that the basic products common detailed rules for the application of the system used in the manufacture of the products to be exported of export refunds on agricultural products (2) lay down have not benefited from the production refund provided rules on the advance payment of export refunds that must for in that Regulation, and that such refund will not be be adhered to when these are adjusted ; applied for.

Whereas, now that a settlement has been reached between The proof referred to in the first subparagraph is provided the European Economic Community and the United by the presentation by the exporter of a declaration from States of America on Community exports of pasta the processor of the basic product in question attesting products to the United States and has been approved by that the latter product has not benefited from a produc­ Council Decision 87/482/EEC (3), it is necessary to differ­ tion refund as provided for in Regulation (EEC) No entiate the refund on goods falling within subheadings 1009/86, and that no application for such refund will be 1902 11 00 and 1902 19 of the combined nomenclature made . according to their destination ; 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 acceptance of the export declaration for the goods, or on the day specified in HAS ADOPTED THIS REGULATION : Article 26 (2) of Regulation (EEC) No 3665/87, where the rate is not fixed in advance ; Article 1 (b) of which the rate is fixed in advance, 1 . Without prejudice to paragraphs 2 and 3 the rates of will be reduced by the amount of the production refund the refunds applicable to the basic products appearing in applicable under Regulation (EEC) No 1009/86 to the Annex A to Regulation (EEC) No 3035/80 and listed basic product in question on the day of acceptance of the either in Article 1 of Regulation (EEC) No 2727/75 or in export declaration for the goods, or on the day specified Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in in Article 26 (2) of Regulation (EEC) No 3665/87, if the the form of goods listed in Annex B to Regulation (EEC) goods have been placed under the export refund advance No 2727/75 or in Annex B to Regulation (EEC) No payment arrangements. 1418/76 respectively, are hereby fixed as shown in the Annex to this Regulation. 2. For the products listed in the Annex to Regulation Article 2 (EEC) No 1009/86, the refunds given in the Annex to this Regulation shall be applied on presentation, at the accept­ This Regulation shall enter into force on 1 March 1989.

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

Done at Brussels, 28 February 1989 . For the Commission Martin BANGEMANN 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.

1 . 3 . 89 Official Journal of the European Communities No L 58/31

ANNEX

to die Commission Regulation of . 28 February 1989 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 12,116 — In all other cases 12,238 1001 90 99 Common wheat, and meslin (mixed wheat and rye) : — For the manufacture of starch 5,286 — Other than for the manufacture of starch : — On exports of goods falling within CN codes 1902 11 00 and 1902 19 to the United States of America 5,926 — In all other cases 5,986 1002 00 00 Rye 5,721 1003 00 90 Barley 6,439 1004 00 90 Oats 2,148 1005 90 00 Maize, other than hybrid maize for sowing : — For the manufacture of starch 7,521 — Other than for the manufacture of starch 8,021 1006 20 Round grain husked rice 37,529 Medium grain husked rice 37,654 Long grain husked rice 37,654 ex 1 006 30 Round grain wholly milled rice 48,425 Medium grain wholly milled rice 54,571 Long grain wholly milled rice 54,571 1006 40 00 Broken rice : — For the manufacture of starch 9,898 — Other than for the manufacture of starch 10,498 1007 00 90 Sorghum 6,210 1101 00 00 Wheat or meslin flour : — On exports of goods falling within CN codes 1902 1 1 00 and 1902 19 to the United States of America 6,947 — In all other cases 7,017 1102 10 00 Rye flour 15,513 1103 11 10 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 18,780 — In all other cases 18,969 1103 11 90 Common wheat groats and meal : — On exports of goods falling within CN codes 1902 11 00 and 1902 19 to the United States of America 6,947 — In all other cases 7,017