31991R1106

No L 110/60 Official Journal of the European Communities 1 . 5 . 91

COMMISSION REGULATION (EEC) No 1106/91 of 30 April 1991 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 Having regard to Council Regulation (EEC) No 2727/75 cultural products covered by Annex II to the Treaty of 29 October 1975 on the common organization of the which are manufactured under similar conditions ; market in cereals ('), as last amended by Regulation (EEC) No 3577/90 (2), and in particular the first sentence of the fourth subparagraph of Article 16 (2) thereof, (c) the need to ensure equality of competition for the industries which use Community products and those which use third-country products under inward Having regard to Council Regulation (EEC) No 1418/76 processing arrangements ; of 21 June 1976 on the common organization of the market in rice (3), as last amended by Regulation (EEC) No 1806/89 (4), and in particular the first sentence of the Whereas in the absence of evidence that no production fourth subparagraph of Article 1 7 (2) thereof, refund was granted pursuant to Council Regulation (EEC) No 1009/86 of 25 March 1986 establishing general rules applying to production refunds in the cereals and rice Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75 sector Q, as last amended by Regulation (EEC) No and Article 17 (1 ) of Regulation (EEC) No 1418/76 3655/90 (8), the export refund should be reduced by the provides that the difference between quotations of prices amount of the production refund applicable on the day of on the world market for the products listed in Article 1 of acceptance of the export declaration ; whereas this system each of those Regulations and the prices within the is the only one wich avoids the risk of fraud ; Community may be covered by an export refund ;

Whereas Council Regulation (EEC) No 3035/80 of 11 Whereas Council Regulation (EEC) No 565/80 of 4 November 1980 laying down general rules for granting March 1980 on the advance payment of export refunds in export refunds on certain agricultural products exported respect of agricultural products (9), as amended by Regula­ in the form of goods not covered by Annex II to the tion (EEC) No 2026/83 (10), and Commission Regulation Treaty, and the criteria for fixing the amount of such (EEC) No 3665/87 of 27 November 1987 laying down refunds 0, as last amended by Regulation (EEC) No common detailed rules for the application of the system 3381 /90 (6), specifies the products for which a rate of of export refunds on agricultural products ("), as last refund should be fixed, to be applied where these amended by Regulation (EEC) No 1615/90 (12), lay down products are exported in the form of goods listed in rules on the advance payment of export refunds that must Annex B to Regulation (EEC) No 2727/75 or in Annex B be adhered to when these are adjusted ; to Regulation (EEC) No 1418/76 as appropriate ;

Whereas, in accordance with the first subparagraph of Whereas, now that a settlement has been reached between Article 4 ( 1 ) of Regulation (EEC) No 3035/80, the rate of the European Economic Community and the United the refund per 100 kilograms for each of the basic States of America on Community exports of pasta products in question must be fixed for each month ; products to the United States and has been approved by Council Decision 87/482/ EEC (u), it is necessary to differ­ entiate the refund on goods falling within CN codes Whereas, in accordance with paragraph 2 of that Article, 1902 11 00 and 1902 19 according to their destination ; that rate must be determined with particular reference to :

(7) OJ No L 94, 9 . 4. 1986, p. 6. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (*) OJ No L 362, 27. 12. 1990, p. 33 . (2) OJ No L 353, 17. 12. 1990 , p. 23 . 0 OJ No L 62, 7. 3. 1980, p. 5. (3) OJ No L 166, 25. 6 . 1976, p. 1 . H OJ No L 199, 22. 7. 1983, p. 12. O OJ No L 177, 24. 6 . 1989, p. 1 . (") OJ No L 351 , 14. 12. 1987, p. 1 . (5) OJ No L 323, 29 . 11 . 1980, p. 27. H OJ No L 152, 16. 6. 1990, p. 33 . (6) OJ No L 327, 27. 11 . 1990, p. 4. H OJ No L 275, 29. 9 . 1987, p. 36.

1 . 5 . 91 Official Journal of the European Communities No L 110/ 61

Whereas, in order to ensure equitable treatment between have not benefited from the production refund provided maize products exported in the form of pellets, rolled or for in that Regulation, and that such refund will not be flaked grains falling within CN code 1904 10 and other applied for. maize products, it is necessary to differentiate the refunds The proof referred to in the first subparagraph is provided on those goods, by the presentation by the exporter of a declaration from Whereas the Management Committee for Cereals has not the processor of the basic product in question attesting delivered an opinion within the time limit set by its that the latter product has not benefited from a produc­ chairman , tion refund as provided for in Regulation (EEC) No 1009/86, and that no application for such refund will be made . HAS ADOPTED THIS REGULATION : 3 . When the proof referred to in paragraph 2 is not provided, the export refund : Article 1 (a) applicable on the date of acceptance of the export 1 . Without prejudice to paragraphs 2 and 3 the rates of declaration for the goods, or on the day specified in the refunds applicable to the basic products appearing in Article 26 (2) of Regulation (EEC) No 3665/87, where Annex A to Regulation (EEC) No 3035/80 and listed the rate is not fixed in advance ; either in Article 1 of Regulation (EEC) No 2727/75 or in (b) of which the rate is fixed in advance, Article 1 ( 1 ) of Regulation (EEC) No 1418/76, exported in the form of goods listed in Annex B to Regulation (EEC) will be reduced by the amount of the production refund No 2727/75 or in Annex B to Regulation (EEC) No applicable pursuant to Regulation (EEC) No 1009/86 to 1418/76 respectively, are hereby fixed as shown in the the basic product in question on the day of acceptance of Annex to this Regulation. the export declaration for the goods, or on the day speci­ fied in Article 26 (2) of Regulation (EEC) No 3665/87, if 2. For the products listed in the Annex to Regulation the goods have been placed under the export refund (EEC) No 1009/ 86, the refunds given in the Annex to this advance payment arrangements. Regulation shall be applied On presentation, at the accept­ ance of the export declaration and the request for obtain­ Article 2 ing the export refund, of proof that the basic products used in the manufacture of the products to be exported This Regulation shall enter into force on 1 May 1991 .

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

Done at Brussels, 30 April 1991 .

For the Commission Martin BANGEMANN Vice-President

No L 110/62 1 . 5 . 91 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 30 April 1991 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 and 1902 19 to the United States of America 7,972 — In all other cases 13,286 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 6,834 — In all other cases 11,390 1002 00 00 Rye 9,828 1003 00 90 Barley 10,027 1004 00 90 Oats 8,775 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 7,258 — In all other cases 12,808 1006 20 Round grain husked rice 20,976 Medium grain husked rice 17,147 Long grain husked rice 17,147 ex 1006 30 Round grain wholly milled rice 27,144 Medium grain wholly milled rice 31,525 Long grain wholly milled rice 31,525 1006 40 00 Broken rice 14,248 1007 00 90 Sorghum 6,082 1101 00 00 Wheat or meslin flour : — On exports of goods falling within CN codes 1 902 1 1 and 1902 19 to the United States of America 8,141 — In all other cases 13,568 1102 10 00 Rye flour 19,916 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 12,356 — In all other cases 20,593 1103 1190 Common wheat groats and meal : — On exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 8,141 — In all other cases 13,568