31991R3484

No L 328 /58 Official Journal of the European Communities 30 . 11 . 91

COMMISSION REGULATION (EEC) No 3484/91 of 29 November 1991 fixing the rates of the refunds applicable to certain rice products exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES, (b) the level of the refunds on exports of processed agri­ cultural products covered by Annex II to the Treaty which are manufactured under similar conditions ;

Having regard to the Treaty establishing the European Economic Community, (c) the need to ensure equality of competition for the 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 ('), as last amended by Regulation (EEC) No 1806/89 (2), and in particular the first sentence of the fourth subparagraph of Article 17 (2) thereof, Whereas certain manufactures buy rice flour, for export in the form of non-Annex II goods, while others will them­ selves transform broken rice into flour ; whereas to ensure equal treatment, a refund must also be fixed for broken Whereas Article 17 ( 1 ) of Regulation (EEC) No 1418/76 rice of CN code 1 006 40 00 ; provides that the difference between quotations of prices on the world market for the products listed in Article 1 of this Regulation and the prices within the Community may be covered by an export refund ; Whereas in the absence of evidence that no production refund was granted pursuant to Council Regulation (EEC) No 1009/86 of 25 March 1986 establishing general rules Whereas Council Regulation (EEC) No 3035/80 of applying to production refunds in the cereals and rice 11 November 1980 laying down general rules for granting sector (*), as last amended by Regulation (EEC) export refunds on certain agricultural products exported No 3655/90 (6), the export refund should be reduced by in the form of goods not covered by Annex II to the the amount of the production refund applicable on the Treaty, and the criteria for fixing the amount of such day of acceptance of the export declaration ; whereas this refunds (3), as last amended by Regulation (EEC) system is the only one which avoids the risk of fraud ; No 3381 /90 (4), specifies the products for which a rate of refund should be fixed, to be applied where these products are exported in the form ot goods listed in Annex B to Regulation (EEC) No 1418/76 ; Whereas Council Regulation (EEC) No 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products f), as amended by Regulation (EEC) No 2026/83 (8), and Commission Regu­ Whereas, in accordance with the first subparagraph of lation (EEC) No 3665/87 of 27 November 1987 laying Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of down common detailed rules for the application of the the refund per 100 kilograms for each of the basic system of export refunds on agricultural products (9), as products in question must be fixed for each month ; last amended by Regulation (EEC) No 1615/90 (l0), lay down rules on the advance payment of export refunds that must be adhered to when these are adjusted ; Whereas, in accordance with paragraph 2 of that Article, that rate must be determined with particular reference to :

Whereas, the measures provided for in this Regulation are (a) the average costs incurred by processing industries in in accordance with the opinion of the Management obtaining supplies of the basic products in question Committee for Cereals ; on the Community market and the prices ruling on the world markets : 0 OJ No L 94, 9 . 4. 1986, p. 6. («) OJ No L 362, 27. 12. 1990, p. 33. (') OJ No L 166, 25. 6. 1976, p. 1 . 0 OJ No L 62, 7. 3 . 1980, p. 5. (2) OJ No L 177, 24. 6. 1989, p. 1 . (8) OJ No L 199, 22. 7. 1983, p. 12. (3) OJ No L 323, 29. 11 . 1980, p. 27. (') OJ No L 351 , 14. 12. 1987, p. 1 . (4) OJ No L 327, 27. 11 . 1990, p. 4. (10) OJ No L 152, 16. 6. 1990, p. 33.

30 . 11 . 91 Official Journal of the European Communities No L 328 /59

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 declaration for the goods, or on the day specified in 1 . Without prejudice to paragraphs 2 and 3 the rates of Article 26 (2) of Regulation (EEC) No 3665/87, where the refunds applicable to broken rice exported in the the rate is not fixed in advance ; form of goods not covered by Annex II to the Treaty (b) of which the rate is fixed in advance, listed in Annex B to Regulation (EEC) No 1418/76 are hereby fixed as shown in the Annex to this Regulation. will be reduced by the amount of the production refund applicable pursuant to Regulation (EEC) No 1009/86 to 2. For the products listed in the Annex to Regulation the basic product in question on the day of acceptance of (EEC) No 1009/86, the refunds given in the Annex to this the export declaration for the goods, or on the day speci­ Regulation shall be applied on presentation of proof that fied in Article 26 (2) of Regulation (EEC) No 3665/87, if the broken rice used in the manufacture of the products the goods have been placed under the export refund to be exported has not benefited from the production advance payment arrangements. refund provided for in that Regulation, and that such refund will not be applied for. Article 2 The proof referred to in the first subparagraph is provided 1 . This Regulation shall enter into force on the third by the presentation by the exporter of a declaration from day following its publication in the Official Journal of the processor of the basic product in question attesting the European Communities. that the latter product has not benefited from a produc­ tion refund as provided for in Regulation (EEC) 2. At the request of the interested party it shall be No 1009/86, and that no application for such refund will applicable to exports, for which the export declaration has be made . been accepted in the course of the month of August 1991 .

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

Done at Brussels, 29 November 1991 .

For the Commission Martin BANGEMANN Vice-President

No L 328 /60 Official Journal of the European Communities 30 . 11 . 91

ANNEX

to the Commission Regulation of 31 October 1991 fixing the rates of the refunds applicable from 1 August 1991 to certain rice products exported in the form of goods not covered by Annex II to the Treaty

Rate of refund CN code Description of products (') per 1 00 kg of basic product

1006 40 00 Broken rice : — used unprocessed 12,153 — used in the form of : — — flour of CN code 1102, groats and meal or pellets of CN code 1103 ' 12,153 — — flaked grains of CN 1104 7,292 — — starch of CN code 1108 19 10 12,153 1 — — other —

(') The quantities of semi-processed products used must be multiplied, as the case may be by the coefficients shown in Annex I to Regulation (EEC) No 2744/75.