31990R0820

No L 85/92 Official Journal of the European Communities 31 . 3 . 90

COMMISSION REGULATION (EEC) No 820/90 of 30 March 1990 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 201 /90 (2), and in particular the first sentence of the (c) the need to ensure equality of competition for the fourth subparagraph of Article 1 6 (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) Whereas in the absence of evidence that no production No 1806/89 (4), and in particular the first sentence of the refund was granted under Council Regulation (EEC) No fourth subparagraph of Article 17 (2) thereof, 1009/86 of 25 March 1986 establishing general rules applying to production refunds in the cereals and rice sector Q, as last amended by Regulation (EEC) No Whereas Article 16 ( 1 ) of Regulation (EEC) No 2727/75 2779/89 (8), the export refund should be reduced by the and Article 17 (1) of Regulation (EEC) No 1418/76 amount of the production refund applicable on the day of provides that the difference between quotations of prices acceptance of the export declaration ; whereas this system on the world market for the products listed in Article 1 of is the only one wich avoids the risk of fraud ; each of those Regulations and the prices within the Community may be covered by an export refund ;

Whereas Commission Regulation (EEC) No 28/90 (9) Whereas Council Regulation (EEC) No 3035/80 of 11 specifies new criteria for the classification of products November 1980 laying down general rules for granting falling under CN code 3505 10 50 ; whereas it is therefore export refunds on certain agricultural products exported necessary to adopt certain provisions to ensure the deduc­ in the form of goods not covered by Annex II to the tion from any export refund payable of the amount of the Treaty, and the criteria for fixing the amount of such production refund in cases where the product in question refunds (5), as last amended by Regulation (EEC) No has previously benefited from a production refund under 3209/88 specifies the products for which a rate of Regulation (EEC) No 1009/86, prior to the implementa­ tion of the new criteria : refund should be fixed, to be applied where these 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 Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products (10), as amended by Regu­ Whereas, in accordance with the first subparagraph of lation (EEC) No 2026/83 (H), and Commission Regulation Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of (EEC) No 3665/87 of 27 November 1987 laying down the refund per 100 kilograms for each of the basic common detailed rules for the application of the system products in question must be fixed for each month ; of export refunds on agricultural products (u), as last amended by Regulation (EEC) No 3993/88 (13), lay down rules on the advance payment of export refunds that must Whereas, in accordance with paragraph 2 of that Article, be adhered to when these are adjusted ; that rate must be determined with particular reference to :

0 OJ No L 94, 9. 4. 1986, p. 6. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 268, 15. 9 . 1989, p. 20 . 0 OJ No L 22, 27. 1 . 1990, p. 7. 0 OJ No L 3, 6. 1 . 1990, p. 9. O OJ No L 166, 25. 6. 1976, p. 1 . O OJ No L 62, 7. 3 . 1980, p. 5. O OJ No L 177, 24. 6. 1989, p. 1 . (") OJ No L 199, 22. 7. 1983, p. 12. O OJ No L 323, 29. 11 . 1980, p. 27. H OJ No L 351 , 14. 12. 1987, p. 1 . (6) OJ No L 286, 20. 10. 1988, p. 6. (,s) OJ No L 354, 22. 12. 1988 , p. 22.

31 . 3 . 90 Official Journal of the European Communities No L 85/93

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 ('), it is necessary to differ­ the processor of the basic product in question attesting entiate the refund on goods falling within CN codes that the latter product has not benefited from a produc­ 1902 11 00 and 1902 19 according to their destination ; tion refund as provided for in Regulation (EEC) No 1009/86, and that no application for such refund will be Whereas the measures provided for in this Regulation are made . in accordance with the opinion of the Management Committee for Cereals, 3. When the proof referred to in paragraph 2 is not provided, the export refund : (a) applicable on the date of acceptance of the export HAS ADOPTED THIS REGULATION : declaration for the goods, or on the day specified in 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, will be reduced by the amount of the production refund 1 . Without prejudice to paragraphs 2 and 3 the rates of applicable under Regulation (EEC) No 1009/86 to the the refunds applicable to the basic products appearing in basic product in question on the day of acceptance of the Annex A to Regulation (EEC) No 3035/80 and listed export declaration for the goods, or on the day specified either in Article 1 of Regulation (EEC) No 2727/75 or in in Article 26 (2) of Regulation (EEC) No 3665/87, if the Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in goods have been placed under the export refund advance the form of goods listed in Annex B to Regulation (EEC) payment arrangements. No 2727/75 or in Annex B to Regulation (EEC) No 1418 /76 respectively, are hereby fixed as shown in the Article 2 Annex to this Regulation. The provisions of Article 1 (2) and (3) of this Regulation 2. For the products listed in the Annex to Regulation shall also apply to starches having on acetyl content by (EEC) No 1009/86, the refunds given in the Annex to this weight in the dry product of 0,25 % or more but less than Regulation shall be applied on presentation, at the accept­ 0,5 % ance of the export declaration and the request for obtain­ ing the export refund, of proof that the basic products Article 3 used in the manufacture of the products to be exported have not benefited from the production refund provided This Regulation shall enter into force on 1 April 1990 .

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

Done at Brussels, 30 March 1990.

For the Commission Karel VAN MIERT Member of the Commission

(') OJ No L 275, 29. 9 . 1987, p. 36.

No L 85/94 Official Journal of the European Communities 31 . 3. 90

ANNEX

to the Commission Regulation of 30 March 1990 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 10,971 — In all other cases 12,907 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 6,548 — In all other cases 7,704 1002 00 00 Rye 8,131 1003 00 90 Barley 8,251 1004 00 90 Oats 8,731 1005 90 00 Maize, other than hybrid maize for sowing 9,278 1006 20 Round grain husked rice 39,162 Medium grain husked rice 36,675 Long grain husked rice 36,675 ex 1006 30 Round grain wholly milled rice 50,532 Medium grain wholly milled rice 53,152 Long grain wholly milled rice 53,152 1006 40 00 Broken rice 16,141 1007 00 90 Sorghum 6,458 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 7,718 — In all other cases 9,081 1102 10 00 Rye flour 18,030 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 17,005 — In all other cases 20,006 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 7,718 — In all other cases 9,081