31992R1717

1 . 7. 92 No L 179/69 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1717/92 of 30 June 1992 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 the world markets ; Having regard to the Treaty establishing the European 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 674/92 (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) No 674/92, 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 (6), as last amended by Regulation (EEC) and Article 17 (1 ) of Regulation (EEC) No 1418/76 No 1 309/92 0, the export refund should be reduced by provides that the difference between quotations of prices the amount of the production refund applicable on the on the world market for the products listed in Article 1 of day of acceptance of the export declaration ; whereas this each of those Regulations and the prices within the system 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 Whereas Council Regulation (EEC) No 565/80 of 11 November 1980 laying down general rules for granting 4 March 1980 on the advance payment of export refunds export refunds on certain agricultural products exported in respect of agricultural products (8), as amended by in the form of goods not covered by Annex II to the Regulation (EEC) No 2026/83 (9), and Commission Regu­ Treaty, and the criteria for fixing the amount of such lation (EEC) No 3665/87 of 27 November 1987 laying refunds (4), as last amended by Regulation (EEC) down common detailed rules for the application of the No 3381 /90 (*), specifies the products for which a rate of system of export refunds on agricultural products (10), as refund should be fixed, to be applied where these last amended by Regulation (EEC) No 887/92 ("), lay products are exported in the form of goods listed in down rules on the advance payment of export refunds Annex B to Regulation (EEC) No 2727/75 or in Annex B that must be adhered to when these are adjusted ; to Regulation (EEC) No 1418/76 as appropriate ;

Whereas, now that a settlement has been reached between Whereas, in accordance with the first subparagraph of the European Economic Community and the United Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of States of America on Community exports of pasta the refund per 100 kilograms for each of the basic products to the United States and has been approved by products in question must be fixed for each month ; Council Decision 87/482/EEC (12), it is necessary to differ­ entiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination ; Whereas, in accordance with paragraph 2 of that Article, that rate must be determined with particular reference to : (6) OJ No L 94, 9 . 4. 1986, p. 6. 0 OJ No L 139, 22. 5. 1992, p. 47. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (*) OJ No L 62, 7. 3. 1980, p. 5. f) OJ No L 73, 19. 3 . 1992, p. 7. (') OJ No L 199, 22. 7. 1983, p. 12. O OJ No L 166, 25. 6. 1976, p. 1 . (,0) OJ No L 351 , 14. 12. 1987, p. 1 . (") OJ No L 323, 29. 11 . 1980, p. 27. (") OJ No L 95, 9 . 4. 1992, p. 20. 0 OJ No L 327, 27. 11 . 1990, p. 4. (,2) OJ No L 275, 29. 9. 1987, p. 36.

No L 179 /70 Official Journal of the European Communities 1 . 7 . 92

Whereas, for the application of Article 4 (2) (b) of Regula­ ance of the export declaration and the request for obtain­ tion ((EEC) No 3035/80, it is necessary to differentiate the ing the export refund, of proof that the basic products refunds ; used in the manufacture of the products to be exported have not benefited from the production refund provided Whereas by its Regulation (EEC) No 1432/92 (') the for in that Regulation, and that such refund will not be Council prohibited trade between the Community and applied for. the Republics of Serbia and of Montenegro ; that it is important to take account of it at the time of the fixing of The proof referred to in the first subparagraph is provided the refunds ; by the presentation by the exporter of a declaration from the processor of the basic product in question attesting Whereas the measures provided for in this Regulation are that the latter product has not benefited from a produc­ in accordance with the opinion of the Management tion refund as provided for in Regulation (EEC) Committee for Cereals, No 1009/86, and that no application for such refund will be made . HAS ADOPTED THIS REGULATION : 4. 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 the basic products appearing in the rate is not fixed in advance ; Annex A to Regulation (EEC) No 3035/80 and listed 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 will be reduced by the amount of the production refund the form of goods listed in Annex B to Regulation (EEC) applicable pursuant to Regulation (EEC) No 1009/86 to No 2727/75 or in Annex B to Regulation (EEC) the basic product in question on the day of acceptance of No 1418/76 respectively, are hereby fixed as shown in the export declaration for the goods, or on the day speci­ the Annex to this Regulation. fied in Article 26 (2) of Regulation (EEC) No 3665/87, if 2. Export refunds towards the Republics of Montenegro the goods have been placed under the export refund and Serbia are not fixed. advance payment arrangements.

3. For the products listed in the Annex to Regulation Article 2 (EEC) No 1009/86, the refunds given in the Annex to this Regulation shall be applied on presentation, at the accept­ This Regulation shall enter into force on 1 July 1992.

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

Done at Brussels, 30 June 1992.

For the Commission Martin BANGEMANN Vice-President

(') OJ No L 151 , 3. 6. 1992, p. 4.

1 . 7 . 92 Official Journal of the European Communities No L 179 /71

ANNEX

to the Commission Regulation of 30 June 1992 fixing die rates of the refunds applicable 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 100 kg of basic product

1001 10 90 Durum wheat : — used unprocessed : \ — — on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 4,791 in all other cases 8,712 — used in the form of : — — pellets of CN code 1 103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 3,767 — — hulled grains of CN code 1104 and starch of CN code 1108 5,651 — — germ of CN code 1104 2,197 — — — gluten of CN code 1109 — — other (except flours of CN code 1101 and groats and meal of CN code 1103) 6,279

1001 90 99 Common wheat and meslin : — used unprocessed : — — on exports of goods falling within CN code 1902 11 and 1902 19 to the United States of America 3,453 — — in all other cases 6,279 — used in the form of : — — pellets of CN code 1103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 3,767 — — hulled grains of CN code 1104 and starch of CN code 1108 5,651 germ of CN code 1104 2,197 — ' — — gluten of CN code 1109 — — other (except flours of CN code 1101 , and groats and meal of CN code 1103 6,279

1002 00 00 Rye : — used unprocessed 9,157 — used in the form of : — — pellets of CN code 1103, or pearled grains of CN code 1104 5,494 — — rolled or flaked grains and hulled grains of CN code 1 1 04 8,241 — — germ of CN code 1104 3,127 — — starch of CN code 1108 19 90 8,935 — — gluten of CN code 2303 10 90 — \ — — other (except flours of CN code 1 102) 9,157

1003 00 90 Barley : — used unprocessed 6,587 — used in the form of : flours of CN code 1102, groats and meal of CN code 1103, or rolled, flaked or pearled grains of CN code 1104 4,611 — — pellets of CN code 1103 3,952 — — germs of CN code 1104 3,127 — — starch of CN code 1108 19 90 8,935 — — — gluten of CN code 2303 10 90 — — other 6,587

No L 179/72 1 . 7. 92 Official Journal of the European Communities

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

1004 00 90 Oats : — used unprocessed 7,303 — used in the form of : — — pellets of CN code 1103, and pearled grains of CN code 1104 4,382 — — rolled or flaked grains and hulled grains of CN code 1104 6,572 germs of CN code 1104 3,127 — — starch of CN code 1108 19 90 8,935 — — — gluten of CN code 2303 10 90 — — other 7,303 1005 90 00 Maize (Corn) : — used unprocessed 8,935 — used in the form of : l — — flours of CN codes 1102 20 10 and 1102 20 90 6,254 — — groats and meal of CN code 1003 and rolled or flaked grains of CN code 1104 7,148 — — pellets of CN code 1103 5,361 hulled or perled grains of CN code 1104 8,041 — — germs of CN code 1104 3,127 — — starch of CN code 1108 12 00 8,935 I — — gluten of CN code 2303 10 11 3,574 — — other 8,935 1006 20 Round grain husked rice 24,481 Medium grains husked rice 23,773 Long grain husked rice 23,773 ex 1006 30 Round grain wholly-milled rice 31,724 Medium grain wholly-milled rice 38,716 Long grain wholly-milled rice 38,716 1006 40 00 Broken rice : l — used unprocessed 11,954 — used in the form of : I — — flour of CN code 1102, groats and meal or pellets of CN I code 1103 11,954 — — flaked grains of CN 1104 7,172 — — starch of CN code 1108 19 10 11,954 — — other — 1007 00 90 Sorghum 6,277 1101 00 00 Wheat or meslin flour : l — on exports of goods falling within CN codes 1902 11 and I 1902 19 to the United States of America 4,039 — in all other cases 7,343 1102 10 00 Rye flour 21,350 1103 11 10 Durum wheat groats and meal : \ — on exports of goods falling within CN codes 1902 11 and I 1902 19 to the United States of America 7,427 — in all other cases 13,503 1103 11 90 Common wheat groats and meal : \ — on exports of goods falling within CN codes 190211 and II 1902 19 to the United States of America 4,039 — in all other cases 7,343

(') 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.