31990R3530

7 . 12. 90 Official Journal of the European Communities No L 343/ 19

COMMISSION REGULATION (EEC) No 3530/90 of 6 December 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 1340/90 (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 (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 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 (*), as last amended by Regulation (EEC) No question has previously benefited from a production 3381 /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 (n), 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 (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 . (8) OJ No L 268, 15. 9 . 1989, p . 20. (2) OJ No L 134, 28 . 5. 1990, p. 1 . 0 OJ No L 3, 6. 1 . 1990, p. 9. 3 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 . 11 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 . h) OJ No L 327, 27. 11 . 1990, p. 4. (13) OJ No L 152, 16. 6. 1990, p. 33 .

No L 343/20 Official Journal of the European Communities 7. 12. 90

Whereas, now that a settlement has been reached between have not benefited from the production refund provided the European Economic Community and the United for in that Regulation, and that such refund will not be States of America on Community exports of pasta applied for. products to the United States and has been approved by The proof referred to in the first subparagraph is provided Council Decision 87/482/EEC ('), it is necessary to differ­ by the presentation by the exporter of a declaration from entiate the refund on goods falling within CN codes the processor of the basic product in question attesting 1902 11 00 and 1902 19 according to their destination ; that the latter product has not benefited from a produc­ Whereas, in order to ensure equitable treatment between tion refund as provided for in Regulation (EEC) No maize products exported in the form of pellets, rolled or 1009/86, and that no application for such refund will be made . flaked grains falling within CN code 1904 10 and other maize products, it is necessary to differentiate the refunds 3. When the proof referred to in paragraph 2 is not on those goods ; provided, the export refund : Whereas the measures provided for in this Regulation are (a) applicable on the date of acceptance , of the export in accordance with the opinion of the Management declaration for the goods, or on the day specified in Committee for Cereals, Article 26 (2) of Regulation (EEC) No 3665/87, where the rate is not fixed in advance ; HAS ADOPTED THIS REGULATION : (b) of which the rate is fixed in advance, will be reduced by the amount of the production refund Article 1 applicable pursuant to Regulation (EEC) No 1009/86 to the basic product in question on the day of acceptance of 1 . Without prejudice to paragraphs 2 and 3 the rates of the export declaration for the goods, or on the day speci­ the refunds applicable to the basic products appearing in fied in Article 26 (2) of Regulation (EEC) No 3665/87, if Annex A to Regulation (EEC) No 3035/80 and listed the goods have been placed under the export refund either in Article 1 of Regulation (EEC) No 2727/75 or in advance payment arrangements. Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in the form of goods listed in Annex B to Regulation (EEC) Article 2 No 2727/75 or in Annex B to Regulation (EEC) No 1418/76 respectively, are hereby fixed as shown in the The provisions of Article 1 (2) and (3) of this Regulation Annex to this Regulation. shall also apply to starches having on acetyl content by weight in the dry product of 0,25 % or more but less than 2. For the products listed in the Annex to Regulation 0,5 % (EEC) No 1009/86, the refunds given in the Annex to this Regulation shall be applied on presentation, at the accept­ Article 3 ance of the export declaration and the request for obtain­ ing the export refund, of proof that the basic products This Regulation shall enter into force on 7 December used in the manufacture of the products to be exported 1990 .

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

Done at Brussels, 6 December 1990 . For the Commission Martin BANGEMANN Vice-President

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

7 . 12. 90 Official Journal of the European Communities No L 343/21

ANNEX

to the Commission Regulation of 6 December 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 11 00 and 1902 19 to the United States of America 9,162 — In all other cases 14,096 I 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 6,681

— In all other cases 10,278 l

1002 00 00 Rye 10,920 1003 00 90 Barley 10,403 1004 00 90 Oats 10,654 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 7,200 — In all other cases 12,706 1006 20 Round grain husked rice 22,968 Medium grain husked rice 22,534 I Long grain husked rice 22,534 ex 1006 30 Round grain wholly milled rice 29,849 Medium grain wholly milled rice 35,883 Long grain wholly milled rice 35,883 I 1006 40 00 Broken rice 17,015 1007 00 90 Sorghum 6,601 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 7,883 — In all other cases 12,127 1102 10 00 Rye flour 21,624 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 14,202 — In all other cases 21,849 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 7,883 — In all other cases 12,127 l