31990R3873

No L 367/ 107 29 . 12. 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3873/90 of 28 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 3577/90 (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 1 806/89 (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 i 3655/90 (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 0, as last amended by Regulation (EEC) No question has previously benefited from a production 3381 /90 (*), 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 (l0), as amended by Regu­ Whereas, in accordance with the first subparagraph of lation (EEC) No 2026/83 (u), 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 161 5/90 (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 . O OJ No L 362, 27. 12. 1990, p. 33. (2) OJ No L 353, 17. 12. 1990, p. 23. O 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 . (") OJ No L 199, 22. 7. 1983, p. 12. 0 OJ No L 323, 29. 11 . 1980, p. 27. (u) OJ No L 351 , 14. 12. 1987, p. 1 . («) OJ No L 327, 27. 11 . 1990, p. 4. H OJ No L 152, 16. 6. 1990, p. 33.

29 . 12. 90 No L 367/ 108 Official Journal of the European Communities

Whereas, now that a settlement has been reached between used in the manufacture of the products to be exported the European Economic Community and the United have not benefited from the production refund provided States of America on Community exports of pasta for in that Regulation, and that such refund will not be products to the United States and has been approved by applied for. Council Decision 87/482/EEC ('), it is necessary to differ­ The proof referred to in the first subparagraph is provided entiate the refund on goods falling within CN codes by the presentation by the exporter of a declaration from 190211 00 and 190219 according to their destination ; the processor of the basic product in question attesting Whereas, in order to ensure equitable treatment between that the latter product has not benefited from a produc­ maize products exported in the form of pellets, rolled or tion refund as provided for in Regulation (EEC) No 1009/86, and that no application for such refund will be flaked grains falling within CN code 1904 10 and other made . maize products, it is necessary to differentiate the refunds on those goods ; 3. When the proof referred to in paragraph 2 is not provided, the export refund : Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management (a) applicable on the date of acceptance of the export Committee for Cereals, 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 ; 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 1 January 1991 .

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

Done at Brussels, 28 December 1990 .

For the Commission Martin BANGEMANN Vice-President

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

29 . 12. 90 No L 367/ 109 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 28 December 1990 fixing the rates of die 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 and 190219 to the United States of America 9,387 — In all other cases 14,441 1001 90 99 Common wheat, and meslin (mixed wheat and rye) : — On exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 6,999 — In all other cases 10,767 1002 00 00 Rye 10,510 1003 00 90 Barley 11,000 1004 00 90 Oats 9,944 1005 90 00 Maize, other than hybrid maize for sowing) : L

— 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 . 7,129 — In all other cases 12,581 1006 20 Round grain husked rice 23,141 Medium grain husked rice ' 22,483 Long grain husked rice 22,483 ex 1006 30 Round grain wholly milled rice 30,083 Medium grain wholly milled rice 37,443 Long grain wholly milled rice 37,443 1006 40 00 Broken rice 17,428 1007 00 90 Sorghum 6,649 1101 00 00 Wheat or meslin flour : — On exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 8,277 — In all other cases 12,733 110210 00 Rye flour 21,127 1103 11 10 Durum wheat groats and meal : — On exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 14,549 — In all other cases 22,384 1103 11 90 Common wheat groats and meal : — On exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 8,277 — In all other cases 12,733 \