31993R0459

27. 2. 93 No L 49/61 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 459/93 of 26 February 1993 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 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 1738/92 (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 Having regard to Council Regulation (EEC) No 1418/76 which use third-country products under inward of 21 June 1976 on the common organization of the processing arrangements ; market in rice (3), as last amended by Regulation (EEC) No 674/92 (4), and in particular the first sentence of the fourth subparagraph of Article 17 (2) thereof, Whereas in the absence of evidence that no production refund was granted pursuant to Council Regulation (EEC) Whereas Article 16 (1 ) of Regulation (EEC) No 2727/75 No 1009/86 of 25 March 1986 establishing general rules and Article 17 (1 ) of Regulation (EEC) No 1418/76 applying to production refunds in the cereals and rice provide that the difference between quotations of prices sector f), as last amended by Regulation (EEC) on the world market for the products listed in Article 1 of No 1309/92 (8), the export refund should be reduced by each of those Regulations and the prices within the the amount of the production refund applicable on the Community may be covered by an export refund ; day of acceptance of the export declaration ; whereas this system is the only one which avoids the risk of fraud ;

Whereas Council Regulation (EEC) No 3035/80 of 11 November 1980 laying down general rules for granting Whereas Council Regulation (EEC) No 565/80 of export refunds on certain agricultural products exported 4 March 1980 on the advance payment of export refunds in the form of goods not covered by Annex II to the in respect of agricultural products (9), as amended by Treaty, and the criteria for fixing the amount of such Regulation (EEC) No 2026/83 (10), and Commission Regu­ refunds (*), as last amended by Regulation (EEC) lation (EEC) No 3665/87 of 27 November 1987 laying No 3381 /90 (•% specifies the products for which a rate of down common detailed rules for the application of the refund should be fixed, to be applied where these system of export refunds on agricultural products (n), as products are exported in the form of goods listed in last amended by Regulation (EEC) No 1 525/92 (u), lay Annex B to Regulation (EEC) No 2727/75 or in Annex B down rules on the advance payment of export refunds to Regulation (EEC) No 1418/76 as appropriate ; that must be adhered to when these are adjusted ;

Whereas, in accordance with the first subparagraph of Article 4 (1 ) of Regulation (EEC) No 3035/80, the rate of Whereas, now that a settlement has been reached between the refund per 100 kilograms for each of the basic the European Economic Community and the United products in question must be fixed for each month ; States of America on Community exports of pasta products to the United States and has been approved by Council Decision 87/482/EEC (13), it is necessary to diffe­ Whereas, in accordance with paragraph 2 of that Article, rentiate the refund on goods falling within CN codes 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 139, 22. 5. 1992, p. 47. 0 OJ No L 180, 1 . 7. 1992, p. 1 . 0 OJ No L 62, 7. 3. 1980, p. 5. (3) OJ No L 166, 25. 6. 1976, p. 1 . (,0) OJ No L 199, 22. 7. 1983, p. 12. 0 OJ No L 73, 19. 3. 1992, p. 7. (>') OJ No L 351 , 14. 12. 1987, p. 1 . 0 OJ No L 323, 29. 11 . 1980, p. 27. (12) OJ No L 160, 13. 6. 1992, p. 7. I6) OJ No L 327, 27. 11 . 1990, p. 4. O OJ No L 275, 29 . 9. 1987, p. 36.

No L 49/ 62 Official Journal of the European Communities 27. 2. 93

190211 00 and 1902 19 according to their destination ; The proof referred to in the first subparagraph is provided by the presentation by the exporter of a declaration from the processor of the basic product in question attesting Whereas, for the application of Article 4 (2) (b) of Regula­ that the latter product has not benefited form a produc­ tion (EEC) No 3035/80, it is necessary to differentiate the tion refund as provided for in Regulation (EEC) refunds ; No 1009/86, and that no application for such refund will be made . Whereas Council Regulation (EEC) No 1432/92 ('), as last amended by Regulation (EEC) No 3534/92 (2), prohibits trade between the Community and the Republics of 3. When the proof referred to in paragraph 2 is not Serbia and Montenegro ; whereas this prohibition does provided, the export refund : not apply to certain situations as given in the limitative enumeration laid down in Articles 2 and 3 ; whereas this (a) applicable on the date of acceptance of the export should be taken into account when refunds are fixed ; 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 ; Whereas in particular the export refund for unprocessed starches falling within CN code 1108 is granted only if (b) of which the rate is fixed in advance, the dry matter content is at least 77 % in the case of potato starch and at least 84 % in the case of cereal star­ will be reduced by the amount of the production refund ches ; applicable pursuant to Regulation (EEC) No 1009/86 to the basic product in question on the day of acceptance of the export declaration for the goods, or on the day speci­ Whereas with regard to potatoes, only potato starches are fied in Article 26 (2) of Regulation (EEC) No 3665/87, if subject to common organization of the market, conse­ the goods have been placed under the export refund quently steps should be taken to specify the terms that advance payment arrangements. these potato starches should meet in order to qualify for refunds ;

Whereas the Management Committee for Cereals has not Article 2 delivered an opinion within the time limit set by its chairman,

1 . The refund for starches and potato starch falling within CN code 1108 or products falling within Annex A to Regulation (EEC) No 2727/75 resulting from the processing of these starches and potato starch is granted HAS ADOPTED THIS REGULATION : only on production of a declaration from the suppliers of those products attesting that they have been directly produced from cereals, potatoes or rice excluding all use Article 1 of subproducts obtained in the production of other agri­ cultural products or goods.

1 . Without prejudice to paragraphs 2 and 3 the rates of the refunds applicable to the basic products appearing in The above declaration can be considered valid, until revo­ Annex A to Regulation (EEC) No 3035/80 and listed cation, for all supplies from the same producer ; it shall either in Article 1 of Regulation (EEC) No 2727/75 or in be verified in accordance with the provisions of Article 8 Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in (1 ) and the first indent of paragraph 2 of Regulation (EEC) the form of goods listed in Annex B to Regulation (EEC) No 3035/80. No 2727/75 or in Annex B to Regulation (EEC) No 1418/76 respectively, are hereby fixed as shown in the Annex to this Regulation. 2. Where the dry-extract content of potato starch assi­ milated to maize starch pursuant to Article 1 (2) (a) of Regulation (EEC) No 3035/80 is 80 % or higher, the rate 2. For the products listed in the Annex to Regulation of the export refund shall be as laid down in the Annex ; (EEC) No 1009/86, the refunds given in the Annex to this where the dry-extract content is less than 80 % the rate of Regulation shall be applied on presentation, at the accep­ the refund shall be the amount laid down in the Annex tance of the export declaration and the request for obtai­ multiplied by l /80th of the actual dry-extract percentage. ning the export refund, of proof that the basic products used in the manufacture of the products to be exported have not benefited from the production refund provided For all other starches with a dry-extract content of 87 % for in that Regulation, and that such refund will not be or more, the rate of the export refund shall be as laid applied for. down in the Annex ; where the dry-extract content is less then 87 % the amount of the refund shall be the rate laid (■) OJ No L 151 , 3. 6. 1992, p. 4. down in the Annex multiplied by l /87th of the actual 0 OJ No L 358, 8 . 12. 1992, p. 16. dry-extract percentage.

27. 2. 93 Official Journal of the European Communities No L 49/63

3. For the purposes of paragraph 1 above, the content of the starches concerned, unless this information dryextract content of starches shall be determined using has been recorded by the competent authorities referred the method applied to flour in Annex II to Commission to in Article 3 (2) of Regulation (EEC) No 3035/80, in Regulation (EEC) No 1 908/84 ('), as last amended by accordance with the provisions of that paragraph. Regulation (EEC) No 2507/87 (2). Article 3 4. At the time of application for the export refund for the goods the applicant must declare the dry-extract This Regulation shall enter into force on 1 March 1993 .

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

Done at Brussels, 26 February 1993.

For the Commission Martin BANGEMANN Member of the Commission

o OJ No L 178, 5. 7. 1984, p. 22. 0 OJ No L 235, 20. 8. 1987, p. 10.

No L 49/64 27. 2. 93 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 26 February 1993 fixing the 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 00 Durum wheat : — used unprocessed : — — on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 6,389 — — in all other cases 11,616 — used in the form of : — — pellets of CN code 1103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 4,300 — — hulled grains of CN code 1 104 and starch of CN code 1 108 6,450 — — germ of CN code 1104 2,508 — — gluten of CN code 1109 — — — other (except flours of CN code 1101 and groats and meal of CN code 1103) 7,167

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 3,942 — — in all other cases 7,167 — used in the form of : — — pellets of CN code 1103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 4,300 — — hulled grains of CN code 1104 and starch of CN code 1108 6,450 germ of CN code 1104 2,508 — — gluten of CN code 1109 — — — other (except flours of CN code 1101 , and groats and meal of CN code 1103 7,167

1002 00 00 Rye : — used unprocessed 9,624 — used in the form of : — — pellets of CN code 1103, or pearled grains of CN code 1104 5,774 — — rolled or flaked grains and hulled grains of CN code 1104 8,661 — — germ of CN code 1104 3,055 — — starch of CN code 1108 19 90 8,729 — — gluten of CN code 2303 10 90 — — other (except flours of CN code 1102) 9,624

1003 00 80 Barley : — used unprocessed 8,035 — 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 5,625 — — pellets of CN code 1103 4,821 — — germs of CN code 1104 3,055 — — starch of CN code 1108 19 90 8,729 — — gluten of CN code 2303 10 90 — — — other 8,035

27. 2. 93 No L 49/65 Official Journal of the European Communities

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

1004 00 00 Oats : — used unprocessed 10,832 — used in the form of : pellets of CN code 1103, and pearled grains of CN code 1104 6,499 — — rolled or flaked grains and hulled grains of CN code 1104 9,749 — — germs of CN code 1104 3,055 starch of CN code 1108 19 90 8,729 — — gluten of CN code 2303 10 90 — — — other 10,832 1005 90 00 Maize (Corn): — used unprocessed 8,729 — used in the form of : flours of CN codes 1102 20 10 and 1102 20 90 6,110 groats and meal of CN code 1003 and rolled or flaked grains of CN code 1104 6,983 — — pellets of CN code 1103 5,237 — — hulled or perled grains of CN code 1104 7,856 germs of CN code 1104 3,055 — - starch of CN code 1108 12 00 8,729 — — gluten of CN code 2303 10 11 3,491 — — other 8,729 1006 20 Round grain husked rice 21,229 Medium grains husked rice 22,010 Long grain husked rice 22,010 ex 1006 30 Round grain wholly-milled rice 27,573 Medium grain wholly-milled rice 34,096 Long grain wholly-milled rice 34,096 1006 40 00 Broken rice : — used unprocessed 8,636 , — used in the form of : — — flour of CN code 1102 30, groats and meal or pellets of CN code 1103 8,636 — - flaked grains of CN 1104 19 91 5,182 — — starch of CN code 1108 19 10 8,636 — — other — 1007 00 90 Sorghum 5,814 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 4,634 — in all other cases 8,426 11021000 Rye flour 19,231 1103 11 30 Durum wheat groats : 1103 11 50 Durum wheat meal : — on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 9,902 — in all other cases 18,004 1103 11 90 Common wheat groats and spelt : — on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America 4,634 — in all other cases 8,426

(') 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. (*) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council Regulation (EEC) No 1432/92.