31993R1940

No L 176/ 16 Official Journal of the European Communities 20 . 7. 93

COMMISSION REGULATION (EEC) No 1940/93 of 19 July 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 1766/92 cultural products covered by Annex II to the Treaty of 30 June 1992 on the common organization of the which are manufactured under similar conditions ; market in cereals ('), and in particular the first sentence of the third subparagraph of Article 13 thereof,

(c) the need to ensure equality of competition for the Having regard to Council Regulation (EEC) No 1418/76 industries which use Community products and those of 21 June 1976 on the common organization of the which use third-country products under inward market in rice (2), as last amended by Regulation (EEC) processing arrangements ; No 1 544/93 (3), 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 Commission Regulation Whereas Article 13 ( 1 ) of Regulation (EEC) No 1766/92 (EEC) No 1722/93 of 30 June 1993 laying down detailed and Article 17 ( 1 ) of Regulation (EEC) No 1418/76 rules for the arrangements concerning production refunds provide that the difference between quotations of prices in the cereals and rice sectors (6), the export refund should on the world market for the products listed in Article 1 of be reduced by the amount of the production refund appli­ each of those Regulations and the prices within the cable on the day of acceptance of the export declaration ; Community may be covered by an export refund ; 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 export refunds on certain agricultural products exported Whereas Council Regulation (EEC) No 565/80 of in the form of goods not covered by Annex II to the 4 March 1980 on the advance payment of export refunds Treaty, and the criteria for fixing the amount of such in respect of agricultural products f), as amended by refunds (4), as last amended by Regulation (EEC) Regulation (EEC) No 2026/83 (8), and Commission Regu­ No 3381 /90 O, specifies the products for which a rate of lation (EEC) No 3665/87 of 27 November 1987 laying refund should be fixed, to be applied where these down common detailed rules for the application of the products are exported in the form of goods listed in system of export refunds on agricultural products (9), as Annex B to Regulation (EEC) No 1766/92 or in Annex B last amended by Regulation (EEC) No 1708/93 (10), lay to Regulation (EEC) No 1418/76 as appropriate ; down rules on the advance payment of export refunds 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 (u), 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 : (6) OJ No L 159, 1 . 7. 1993, p. 112. (') OJ No L 181 , 1 . 7. 1992, p. 21 . O OJ No L 62, 7. 3 . 1980, p. 5. (2) OJ No L 166, 25. 6 . 1976, p. 1 . (8) OJ No L 199 , 22. 7. 1983, p. 12. (3) OJ No L 154, 25. 6 . 1993, p. 5. O OJ No L 351 , 14. 12. 1987, p. 1 . O OJ No L 323, 29. 11 . 1980, p. 27. (,0) OJ No L 159, 1 . 7. 1993, p. 77. 0 OJ No L 327, 27. 11 . 1990, p. 4. (") OJ No L 275, 29 . 9. 1987, p. 36.

20 . 7 . 93 Official Journal of the European Communities No L 176/ 17

1902 11 00 and 1902 19 according to their destination ; for in that Regulation, and that such refund will not be applied for. Whereas, for the application of Article 4 (2) (b) of Regula­ tion (EEC) No 3035/80, it is necessary to differentiate the The proof referred to in the first subparagraph is provided refunds ; by the presentation by the exporter of a declaration from the processor of the basic product in question attesting that the latter product has not benefited form a produc­ Whereas Council Regulation (EEC) No 990/93 (') prohi­ tion refund as provided for in Regulation (EEC) bits trade between the European Economic Community No 1722/93, and that no application for such refund will and the Federal Republic of Yugoslavia (Serbia and be made . Montenegro) ; whereas this prohibition does not apply in certain situations as comprehensively listed in Articles 2, 4, 5 and 7 thereof ; whereas account should be taken of 3. When the proof referred to in paragraph 2 is not this fact when fixing the refunds ; provided, the export refund :

Whereas in particular the export refund for unprocessed (a) applicable on the date of acceptance of the export starches falling within CN code 1108 is granted only if declaration for the goods, or on the day specified in the dry matter content is at least 77 % in the case of Article 26 (2) of Regulation (EEC) No 3665/87, where the rate is not fixed in advance ; potato starch and at least 84 % in the case of cereal star­ ches ; (b) of which the rate is fixed in advance, will be reduced by the amount of the production refund Whereas with regard to potatoes, only potato starches are applicable pursuant to Regulation (EEC) No 1722/93 to subject to common organization of the market, conse­ the basic product in question on the day of acceptance of quently steps should be taken to specify the terms that the export declaration for the goods, or on the day speci­ these potato starches should meet in order to qualify for fied in Article 26 (2) of Regulation (EEC) No 3665/87, if refunds ; the goods have been placed under the export refund advance payment arrangements. Whereas, in respect of glucose syrup and maltodextrine syrup, the dry extract content for which the rate of refund is set should be specified ; Article 2 Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management 1 . The refund for starches and potato starch falling Committee for Cereals, within CN code 1108 or products falling within Annex A to Regulation (EEC) No 1766/92 resulting from the processing of these starches and potato starch is granted only on production of a declaration from the suppliers of those products attesting that they have been directly HAS ADOPTED THIS REGULATION : produced from cereals, potatoes or rice excluding all use of subproducts obtained in the production of other agri­ cultural products or goods. Article 1 The above declaration can be considered valid, until revo­ cation, for all supplies from the same producer ; it shall 1 . Without prejudice to paragraphs 2 and 3 the rates of be verified in accordance with the provisions of Article 8 the refunds applicable to the basic products appearing in Annex A to Regulation (EEC) No 3035/80 and listed (1 ) and the first indent of paragraph 2 of Regulation (EEC) No 3035/80 . either in Article 1 of Regulation (EEC) No 1 766/92 or in Article 1 ( 1 ) of Regulation (EEC) No 1418 /76, exported in the form of goods listed in Annex B to Regulation (EEC) 2. Where the dry-extract content of potato starch assi­ No 1766/92 or in Annex B to Regulation (EEC) No milated to maize starch pursuant to Article 1 (2) (a) of 1418/76 respectively, are hereby fixed as shown in the Regulation (EEC) No 3035/80 is 80 % or higher, the rate Annex to this Regulation. of the export refund shall be as laid down in the Annex ; where the dry-extract content is less than 80 % the rate of 2. For the products listed in the Annex to Regulation the refund shall be the amount laid down in the Annex (EEC) No 1722/93 the refunds given in the Annex to this multiplied by l /80th of the actual dry-extract percentage. Regulation shall be applied on presentation, at the accep­ tance of the export declaration and the request for obtai­ For all other starches with a dry-extract content of 87 % ning the export refund, of proof that the basic products or more, the rate of the export refund shall be as laid used in the manufacture of the products to be exported down in the Annex ; where the dry-extract content is less have not benefited from the production refund provided then 87 % the amount of the refund shall be the rate laid down in the Annex multiplied by 1 /87th of the actual (') OJ No L 102, 28 . 4. 1993, p. 14. dry-extract percentage.

No L 176/ 18 Official Journal of the European Communities 20 . 7. 93

3. For the purposes of paragraph 1 above, the dance with the Annex multiplied by the actual percentage dryextract content of starches shall be determined using of dry extract and divided by 78 . the method applied to flour in Annex II to Commission 2. For the purposes of the preceding paragraph, the dry Regulation (EEC) No 1908 /84 ('), as last amended by matter content of glucose syrup or maltodextrine syrup Regulation (EEC) No 2507/87 (2). shall be determined in accordance with Method 2 described in Annex II to Council Directive 79/796/ EEC 4. At the time of application for the export refund for (■'), or in accordance with any other appropriate method of the goods the applicant must declare the dry-extract content of the starches concerned, unless this information analysis which offer at least the same guarantees. has been recorded by the competent authorities referred 3 . When applying for the export refund, the applicant to in Article 3 (2) of Regulation (EEC) No 3035/80, in must state the dry extract content of the glucose syrup accordance with the provisions of that paragraph. and maltodextrine syrup used, unless this information has been recorded by the competent body referred to in Article 3 (2) of Regulation (EEC) No 3035/80, as provided Article 3 for in that paragraph . 1 . If the dry extract content of glucose syrup or malto­ Article 4 dextrine syrup falling within CN code 1702 30 59, 1702 30 99, 1702 40 90, 1702 90 50 or 2106 90 55 is This Regulation shall enter into force on the third day greater than or equal to 78 % , the rate of refund shall be following its publication in the Official Journal of the that set in accordance with the Annex ; if the dry extract European Communities. content of the said syrups is less than 78 % , the rate applied shall be equal to the rate of refund set in accor­ Article 3 shall apply from 1 September 1993 .

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

Done at Brussels, 19 July 1993 .

For the Commission Martin BANGEMANN Member of the Commission

(') OJ No L 178 , 5 . 7. 1984, p. 22. (2) OJ No L 235, 20 . 8 . 1987, p. 10 . (3) OJ No L 239, 22. 9 . 1979 , p. 24.

20. 7. 93 No L 176/ 19 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 19 July 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 (2)

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 2,024 — — in all other cases 3,680 — used in the form of : — — pellets of CN code 1103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 1,885 — — hulled grains of CN code 1 104 and starch of CN code 1 108 2,828 — — germ of CN code 1104 1,100 — — gluten of CN code 1109 — — — other (except flours of CN code 1 101 and groats and meal of CN code 1103) 3,142

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 1,728 — — in all other cases 3,142 — used in the form of : — — pellets of CN code 1103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 1,885 — - hulled grains of CN code 1104 and starch of CN code 1108 2,828 — — germ of CN code 1104 1,100 — — gluten of CN code 1109 — — — other (except flours of CN code 1 101 , and groats and meal of CN code 1103 3,142

1002 00 00 Rye : — used unprocessed 6,615 — used in the form of : — — pellets of CN code 1103, or pearled grains of CN code 1104 3,969 — — rolled or flaked grains and hulled grains of CN code 1 104 5,954 — — germ of CN code 1104 3,357 — — starch of CN code 1108 19 90 9,590 — — gluten of CN code 2303 10 90 — — — other (except flours of CN code 1102) 6,615

1003 00 80 Barley : — used unprocessed 4,745 — 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 3,322 — — pellets of CN code 1103 2,847 — — germs of CN code 1104 3,357 — — starch of CN code 1108 19 90 9,590 — — gluten of CN code 2303 10 90 — — — other 4,745

No L 176/20 Official Journal of the European Communities 20 . 7. 93

Rate of refund CN code Description of products (') per 1 00 kg of basic product (2)

1004 00 00 Oats : — used unprocessed 7,547 — used in the form of : pellets of CN code 1103, and pearled grains of CN code 1104 4,528 — — rolled or flaked grains and hulled grains of CN code 1104 6,792 — — germs of CN code 1104 3,357 starch of CN code 1108 19 90 9,590 — — gluten of CN code 2303 10 90 — other 7,547 1005 90 00 Maize (Corn): — used unprocessed 9,590 — used in the form of : — — flours of CN codes 1102 20 10 and 1102 20 90 6,713 — — groats and meal of CN code 1003 and rolled or flaked grains of CN code 1104 7,672 — — pellets of CN code 1103 5,754 — — hulled or perled grains of CN code 1104 8,631 — — germs of CN code 1104 3,357 — — starch of CN code 1108 12 00 9,590 — — gluten of CN code 2303 10 11 3,836 — — other 9,590 (') 1006 20 Round grain husked rice 25,769 Medium grains husked rice 22,731 Long grain husked rice 22,731 ex 1006 30 Round grain wholly-milled rice 33,250 Medium grain wholly-milled rice 32,943 Long grain wholly-milled rice 32,943 1006 40 00 Broken rice : — used unprocessed 10,337 — used in the form of : — — flour of CN code 1102 30 , groats and meal or pellets of CN code 1103 10,337 — — flaked grains of CN 1104 1991 6,202 — — starch of CN code 1108 19 10 10,337 — — other — 1 007 00 90 Sorghum 4,345 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 2,126 — in all other cases 3,865 1102 1000 Rye flour 9,063 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 2,874 — in all other cases 5,226 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 2,126 — in all other cases 3,865

(') 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, (2) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where the condi­ tions laid down in Regulation (EEC) No 990/93 are observed. ( !) For syrups of CN codes 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the export refund may be granted only for the glucose syrup.