31990R2535

No L 237/80 1 . 9 . 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2535/90 of 31 August 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 1 340/90 (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) Whereas in the absence of evidence that no production No 1806/89 (4), and in particular the first sentence of the refund was granted pursuant to Council Regulation (EEC) fourth subparagraph of Article 17 (2) thereof, No 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 (») 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 within CN code 3505 10 50 ; whereas it is there­ export refunds on certain agricultural products exported fore necessary to adopt certain provisions to ensure the in the form of goods not covered by Annex II to the deduction from any export refund payable of the amount Treaty, and the criteria for fixing the amount of such of the production refund in cases where the product in refunds 0, as last amended by Regulation (EEC) No question has previously benefited from a production 3209/88 (% specifies the products for which a rate of refund pursuant to Regulation (EEC) No 1009/86, prior to refund should be fixed, to be applied where these the implementation of the new criteria ; 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 ("),. 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 (l2), as last amended by Regulation (EEC) No 1615/90 (°), 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 . («) OJ No L 268, 15. 9 . 1989, p. 20 . (2) OJ No L 134, 28 . 5. 1990, p. 1 . C) OJ No L 3, 6. 1 . 1990, p. 9. 0 OJ No L 166, 25. 6. 1976, p. 1 . (10) OJ No L 62, 7. 3. 1980, p. 5. (4) OJ No L 177, 24. 6. 1989, p. 1 . (") OJ No L 199, 22. 7. 1983, p. 12. 0 OJ No L 323, 29. 11 . 1980, p. 27. (> 2) OJ No L 351 , 14. 12. 1987, p. 1 . («) OJ No L 286, 20. 10. 1988, p. 6. (13) OJ No L 152, 16. 6. 1990, p. 33 .

1 . 9 . 90 Official Journal of the European Communities No L 237/81

Whereas, now that a settlement has been reached between Regulation shall be applied on presentation, at the accept­ the European Economic Community and the United ance of the export declaration and the request for obtain­ States of America on Community exports of pasta ing the export refund, of proof that the basic products products to the United States and has been approved by used in the manufacture of the products to be exported Council Decision 87/482/EEC ('), it is necessary to differ­ have not benefited from the production refund provided entiate the refund on goods falling within CN codes for in that Regulation, and that such refund will not be 1902 11 00 and 1902 19 according to their destination ; applied for. Whereas, in order to ensure equitable treatment between The proof referred to in the first subparagraph is provided maize products exported in the form of pellets, rolled or by the presentation by the exporter of a declaration from flaked grains falling within CN code 1904 10 and other the processor of the basic product in question attesting maize products, it is necessary to differentiate the refunds that the latter product has not benefited from a produc­ on those goods ; tion refund as provided for in Regulation (EEC) No 1009/86, and that no application for such refund will be Whereas, in view of the present circumstances in the made . German Democratic Republic and their effects on the market situation, no refund should be fixed for products 3. When the proof referred to in paragraph 2 is not to be exported to that destination ; provided, the export refund : (a) applicable on the date of acceptance of the export Whereas the measures provided for in this Regulation are declaration for the goods, or on the day specified in in accordance with the opinion of the Management Committee for Cereals, Article 26 (2) of Regulation (EEC) No 3665/87, where the rate is not fixed in advance ; (b) of which the rate is fixed in advance, HAS ADOPTED THIS REGULATION : will be reduced by the amount of the production refund applicable pursuant to Regulation (EEC) No 1009/86 to Article 1 the basic product in question on the day of acceptance of the export declaration for the goods, or on the day speci­ 1 . Without prejudice to paragraphs 2 and 3 the rates of fied in Article 26 (2) of Regulation (EEC) No 3665/87, if the refunds applicable to the basic products appearing in the goods have been placed under the export refund Annex A to Regulation (EEC) No 3035/80 and listed advance payment arrangements. either in Article 1 of Regulation (EEC) No 2727/75 or in Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in Article 2 the form of goods listed in Annex B to Regulation (EEC) No 2727/75 or in Annex B to Regulation (EEC) No The provisions of Article 1 (2) and (3) of this Regulation 1418/76 respectively, are hereby fixed as shown in the shall also apply to starches having on acetyl content by Annex to this Regulation . weight in the dry product of 0,25 % or more but less than 0,5 % However, no refund shall be fixed for such products exported with destination the German Democratic Repu­ blic . Article 3 2. For the products listed in the Annex to Regulation This Regulation shall enter into force on 1 September 1990 . (EEC) No 1009/86, the refunds given in the Annex to this

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

Done at Brussels, 31 August 1990 . For the Commission Martin BANGEMANN Vice-President

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

No L 237/82 1 . 9 . 90 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 31 August 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) 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 9,800 — In all other cases 13,066 1001 90 99 Common wheat, and meslin (mixed wheat and rye) : — On exports of goods falling within CN codes 1902 11 00 and 1902 19 to the United States of America 7,081 — In all other cases 9,442 1002 00 00 Rye 7,623 1003 00 90 Barley 9,934 1004 00 90 Oats 8,421 1005 90 00 Maize, other than hybrid maize for sowing) : — Maize in pellets, rolled or flake grains with a fat content exceeding 1,5 % in the form of goods falling within CN code 1904 10 6,428 — In all other cases 11,344 1006 20 Round grain husked rice 21,097 Medium grain husked rice 17,455 Long grain husked rice 17,455 ex 1006 30 Round grain wholly milled rice 27,354 Medium grain wholly milled rice 33,740 Long grain wholly milled rice 33,740 1006 40 00 Broken rice 17,516 1007 00 90 Sorghum 6,857 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 8,354 — In all other cases 11,139 1102 10 00 Rye flour 17,040 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 15,189 — In all other cases 20,252 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 : 8,354 — In all other cases 11,139