31991R3490

No L 328 /74 Official Journal of the European Communities 30 . 11 . 91

COMMISSION REGULATION (EEC) No 3490/91 of 29 November 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 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 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 17 (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 ^, 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 (n), as last refund should be fixed, to be applied where these amended by Regulation (EEC) No 1 61 5/90 (u), 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 (13), 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 :

0 OJ No L 94, 9. 4. 1986, p. 6. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (8) 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. 0 OJ No L 166, 25. 6. 1976, p. 1 . (10) 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 . (*) OJ No L 323, 29. 11 . 1980, p. 27. (,2) OJ No L 152, 16. 6. 1990, p. 33. (4 OJ No L 327, 27. 11 . 1990, p. 4. H OJ No L 275, 29. 9. 1987, p. 36.

30 . 11 . 91 Official Journal of the European Communities No L 328/75

Whereas, for the application of Article 4 (2) (b) of Regula­ for in that Regulation, and that such refund will not be tion ((EEC) No 3035/80, it is necessary to differentiate the applied for. refunds ; The proof referred to in the first subparagraph is provided Whereas the Management Committee for Cereals has not by the presentation by the exporter of a declaration from delivered an opinion within the time limit set by its the processor of the basic product in question attesting chairman, that the latter product has not benefited from a produc­ 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 Article 1 provided, the export refund : (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 December have not benefited from the production refund provided 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 328/76 Official Journal of the European Communities 30 . 11 . 91

ANNEX

to the Commission Regulation of 29 November 1991 fixing the rates of the refunds applicable from 1 November 1991 to certain cereals and 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

1001 10 90 Durum wheat : — used unprocessed : — — on exports of goods falling within CN codes 1 902 1 1 and 1902 19 to the United States of America 6,576 — — in all other cases 11,957 — used in the form of : — — pellets of CN code 1103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 5,225 — — hulled grains of CN code 1104 and starch of CN code 1108 7,837 l — — germ of CN code 1104 3,048

— — — gluten of CN code 1109 — — other (except flours of CN code 1101 and groats and meal of CN code 1103) 8,708

1001 90 99 Common wheat and meslin : — used unprocessed : l — — on exports of goods falling within CN code 1902 11 and 1902 19 to the United States of America 4,789 — — in all other cases 8,708 \ \ — used in the form of : — — pellets of CN code 1103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 5,225 — — hulled grains of CN code 1104 and starch of CN code 1108 7,837 — — germ of CN code 1104 3,048 — — — gluten of CN code 1 1 09 — — other (except flours of CN code 1 101 , and groats and meal of CN code 1103 8,708

1002 00 00 Rye : — used unprocessed 10,744 — used in the form of : pellets of CN code 1103, or pearled grains of CN code 1104 6,446 — — rolled or flaked grains and hulled grains of CN code 1 104 9,669 — — germ of CN code 1104 2,808 ; — — starch of CN code 1108 1 9 90 8,024 — — — gluten of CN code 2303 10 90 — — other (except flours of CN code 1102) 10,744 \

1003 00 90 Barley : — used unprocessed 8,987 \ — used in the form of : \ — — flours of CN code 1102, groats and meal of CN code ' 1103, l or rolled, flaked or pearled grains of CN code 1104 6,291 — — pellets of CN code 1103 5,392 — — germs of CN code 1104 2,808 l — — starch of CN code 1108 19 90 8,024

— — — gluten of CN code 2303 10 90 — — other 8,987

30 . 11 . 91 Official Journal of the European Communities No L 328/77,

Rate of refund CN code Description of products (') per 100 kg of basic product

1004 00 90 Oats : — used unprocessed 8,853 — used in the form of : — — pellets of CN code 1103, and pearled grains of CN code 1104 5,312 — — rolled or flaked grains and hulled grains of CN code 1104 7,968 — — germs of CN code 1 1 04 2,808 — — starch of CN code 1108 19 90 8,024 ' \

— — — gluten of CN code 2303 10 90 — — other 8,853 l

1005 90 00 Maize (Corn) : — used unprocessed 8,024 — used in the form of : — — flours of CN codes 1102 20 10 and 1102 20 90 5,617 — — groats and meal of CN code 1003 and rolled or flaked grains of CN code 1104 6,419 — — pellets of CN code 1103 4,814 — — hulled or perled grains of CN code 1104 7,221 — — germs of CN code 1104 2,808 — — starch of CN code 1108 12 00 8,024 \ — — gluten of CN code 2303 10 11 3,209 — — other 8,024 1006 20 Round grain husked rice 22,708 Medium grains husked rice 17,537 Long grain husked rice 17,537 ex 1006 30 Round grain wholly-milled rice 29,391 Medium grain wholly-milled rice 33,818 Long grain wholly-milled rice 33,818 1006 40 00 Broken rice : — used unprocessed 12,379 — used in the form of : I ' — — flour of CN code 1102, groats and meal or pellets of CN code 1103 12,379 — — flaked grains of CN 1104 7,428 — — starch of CN code 1108 19 10 12,379 — — other — 1007 00 90 Sorghum 5,938 1 101 00 00 Wheat or meslin flour : l — on exports of goods falling within CN codes 1 902 1 1 and 1902 19 to the United States of America 5,716 — in all other cases 10,393 110210 00 Rye flour 20,780 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 10,193 — in all other cases 18,533 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 5,716 — in all other cases 10,393

(') 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.