31989R2951

No L 281 /80 Official Journal of the European Communities 30 . 9 . 89

COMMISSION REGULATION (EEC) No 2951/89 of 29 September 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

THE COMMISSION OF THE EUROPEAN COMMUNITIES, on the Community market and the prices ruling on the world markets ; Having regard to the Treaty establishing the European Economic Community, (b) the level of the refunds on exports of processed agri­ cultural products covered by Annex II to the Treaty which are manufactured under similar conditions ; Having regard to Regulation (EEC) No 2727/75 of the Council of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (c) the need to ensure equality of competition for the (EEC) No 2860/89 (2), and in particular the first sentence industries which use Community products and those of the fourth subparagraph of Article 16 (2) thereof, 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 Whereas in the absence of evidence that no production market in rice (3), as last amended by Regulation (EEC) refund was granted under Council Regulation (EEC) No No 1 806/89 (4), and in particular the first sentence of the 1009/86 of 25 March 1986 establishing general rules fourth subparagraph of Article 17 (2) thereof, applying to production refunds in the cereals and rice sector f), as last amended by Commission Regulation Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75 (EEC) No 1990/89 (8), the export refund should be and Article 17 (1 ) of Regulation (EEC) No 1418/76 reduced by the amount of the production refund appli­ provides that the difference between quotations of prices cable on the day of acceptance of the export declaration ; on the world market for the products listed in Article 1 of whereas this system is the only one wich avoids the risk each of those Regulations and the prices within the of fraud : Community may be covered by an export refund ;

Whereas Council Regulation (EEC) No 565/80 of 4 Whereas Council Regulation (EEC) No 3035/80 of 1 1 March 1980 on the advance payment of export refunds in November 1980 laying down general rules for granting respect of agricultural products (*), as amended by Regula­ export refunds on certain agricultural products exported tion (EEC) No 2026/83 (10), and Commission Regulation in the form of goods not covered by Annex II to the (EEC) No 3665/87 of 27 November 1987 laying down Treaty, and the criteria for fixing the amount of such common detailed rules for the application of the system refunds (*), as last amended by Regulation (EEC) No of export refunds on agricultural products (") lay down 3209/88 (6), specifies the products for which a rate of rules on the advance payment of export refunds that must refund should be fixed, to be applied where these be adhered to when these are adjusted ; products are exported in the form of goods listed in Annex B to Regulation (EEC) No 2727/75 or in Annex B to Regulation (EEC) No 1418/76 as appropriate ; Whereas, now that a settlement has been reached between the European Economic Community and the United Whereas, in accordance with the first subparagraph of States of America on Community exports of pasta Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of products to the United States and has been approved by the refund per 100 kilograms for each of the basic Council Decision 87/482/EEC (l2), it is necessary to differ­ products in question must be fixed for each month ; entiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination ; Whereas, in accordance with paragraph 2 of that Article, that rate must be determined with particular reference to : Whereas the measures provided for in this Regulation are (a) the average costs incurred by processing industries in in accordance with the opinion of the Management obtaining supplies of the basic products in question Committee for Cereals,

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . n OJ No L 94, 9. 4. 1986, p. 6. 0 OJ No L 274, 23. 9. 1989, p. 41 . (*) OJ No L 190, 5. 7. 1989, p. 13. (3) OJ No L 166, 25. 6. 1976, p. 1 . O OJ No L 62, 7. 3. 1980, p. 5. b) OJ No L 177, 24. 6. 1989, p. 1 . (,0) OJ No L 199, 22. 7. 1983, p. 12. 0 OJ No L 323, 29. 11 . 1980, p. 27. (") OJ No L 351 , 14. 12. 1987, p. 1 . (*) OJ No L 286, 20. 10. 1988, p. 6. (12) OJ No L 275, 29. 9. 1987, p. 36.

30 . 9 . 89 Official Journal of the European Communities No L 281 /81

HAS ADOPTED THIS REGULATION : that the latter product has not benefited from a produc­ tion refund as provided for in Regulation (EEC) No Article 1 1009/86, and that no application for such refund will be made . 1 . Without prejudice to paragraphs 2 and 3 the rates of the refunds applicable to the basic products appearing in 3. When the proof referred to in paragraph 2 is not Annex A to Regulation (EEC) No 3035/80 and listed provided, the export refund : either in Article 1 of Regulation (EEC) No 2727/75 or in Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in (a) applicable on the date of acceptance of the export the form of goods listed in Annex B to Regulation (EEC) declaration for the goods, or on the day specified in No 2727/75 or in Annex B to Regulation (EEC) No Article 26 (2) of Regulation (EEC) No 3665/87, where 1418/76 respectively, are hereby fixed as shown in the the rate is not fixed in advance ; Annex to this Regulation . (b) of which the rate is fixed in advance, 2. For the products listed in the Annex to Regulation will be reduced by the amount of the production refund (EEC) No 1009/86, the refunds given in the Annex to this applicable under Regulation (EEC) No 1009/86 to the Regulation shall be applied on presentation, at the accept­ ance of the export declaration and the request for obtain­ basic product in question on the day of acceptance of the ing the export refund, of proof that the basic products export declaration for the goods, or on the day specified in Article 26 (2) of Regulation (EEC) No 3665/87, if the used in the manufacture of the products to be exported have not benefited from the production refund provided goods have been placed under the export refund advance payment arrangements. for in that Regulation, and that such refund will not be applied for. The proof referred to in the first subparagraph is provided Article 2 by the presentation by the exporter of a declaration from the processor of the basic product in question attesting This Regulation shall enter into force on 1 October 1989.

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

Done at Brussels, 29 September 1989. For the Commission Karel VAN MIERT Member of the Commission

No L 281 /82 Official Journal of the European Communities 30 . 9 . 89

ANNEX

to the Commission Regulation of 29 September 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) CN code Rate Description of refund

1001 10 90 Durum wheat : — On exports of goods falling within CN codes 1902 11 00 and 1902 19 to the United States of America 12,597 — In all other cases 12,724 1001 90 99 Common wheat, and meslin (mixed wheat and rye) : — On exports of goods falling within CN codes 1902 1 1 00 and 1902 19 to the United States of America 4,057 — In all other cases 4,098 1002 00 00 Rye 6,293 1003 00 90 Barley 7,048 1004 00 90 Oats 7,304 10059000 Maize, other than hybrid maize for sowing 7,613 1006 20 Round grain husked rice 34,787 Medium grain husked rice 30,051 Long grain husked rice 30,051 ex 1006 30 Round grain wholly milled rice 44,886 Medium grain wholly milled rice 43,552 Long grain wholly milled rice 43,552 1006 40 00 Broken rice 10,704 1007 0090 Sorghum 5,542 1101 00 00 Wheat or meslin flour : — On exports of goods falling within CN codes 1902 11 00 and 1902 19 to the United States of America 4,538 — In all other cases 4,584 110210 00 Rye flour 15,472 1103 11 10 Durum wheat groats and meal : — On exports of goods falling within CN codes 1902 1 1 00 and 1902 19 to the United States of America 19,525 — In all other cases 19,722 I

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 4,538 — In all other cases 4,584