31994R0958

29 . 4. 94 Official Journal of the European Communities No L 108/ 19

COMMISSION REGULATION (EC) No 958/94 of 28 April 1994 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 : Community,

Having regard to Council Regulation (EEC) No 1766/92 (b) the level of the refunds on exports of processed agn­ of 30 June 1992 on the common organization of the cultural products covered by Annex II to the Treaty which are manufactured under similar conditions : market in cereals ('), as amended by Regulation (EEC) No 2193/93 (*), and in particular the third subparagraph of Article 13 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 1544/93 (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 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 Q, 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 (8), as amended by refunds (*), as last amended by Regulation (EC) Regulation (EEC) No 2026/83 (*), and Commission Regu­ No 776/94 (<% 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 (10), as Annex B to Regulation (EEC) No 1766/92 or in Annex B last amended by Regulation (EEC) No 2805/93 (n ), 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 the refund per 100 kilograms for each of the basic Whereas, now that a settlement has been reached between products in question must be fixed for each month ; the European Community and the United States of America on Community exports of pasta products to the United States and has been approved by Council Decision Whereas, in accordance with paragraph 2 of that Article, 87/482/EEC (12), it is necessary to differentiate the refund that rate must be determined with particular reference to : on goods falling within CN codes 190211 00 and

(') OJ No L 181 , 1 . 7. 1992, p. 21 . 0 OJ No L 159, 1 . 7. 1993, p. 112. 0 OJ No L 196, 5. 8 . 1993, p. 22. (■) OJ No L 62, 7. 3 . 1980, p. 5. 0 OJ No L 166, 25. 6. 1976, p. 1 . 0 OJ No L 199, 22. 7. 1983, p. 12. 0 OJ No L 154, 25. 6. 1993, p. 5. (,0) OJ No L 351 , 14. 12. 1987, p. 1 . 0 OJ No L 323, 29. 11 . 1980, p. 27. (") OJ No L 256, 14. 10 . 1993, p. 7. ft OJ No L 91 , 8. 4. 1994, p. 6. H OJ No L 275, 29. 9. 1987, p. 36.

No L 108/20 Official Journal of the European Communities 29 . 4. 94

1902 19 according to their destination ; Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in the form of goods listed in Annex B to Regulation (EEC) No 1766/92 or in Annex B to Regulation (EEC) No Whereas, for the application of Article 4 (2) (b) of Regula­ 1418/76 respectively, are hereby fixed as shown in the tion (EEC) No 3035/80, it is necessary to differentiate the Annex to this Regulation. refunds ;

Whereas Council Regulation (EEC) No 990/93 (') prohi­ 2. For the products listed in the Annex 1 to Regulation bits trade between the European Community and the (EEC) No 1722/93 the refunds given in the Annex to this Federal Republic of Yugoslavia (Serbia and Montenegro) ; Regulation shall be applied on presentation, at the accep­ whereas this prohibition does not apply in certain situa­ tance of the export declaration and the request for obtai­ tions as comprehensively listed in Articles 2, 4, 5 and 7 ning the export refund, of proof that the basic products thereof ; whereas account should be taken of this fact used in the manufacture of the products to be exported when fixing the refunds ; have not benefited from the production refund provided for in that Regulation, and that such refund will not be applied for. Whereas in particular the export refund for unprocessed starches falling within CN code 1108 is granted only if the dry matter content is at least 77 % in the case of The proof referred to in the first subparagraph is provided potato starch and at least 84 % in the case of cereal star­ by the presentation by the exporter of a declaration from ches ; the processor of the basic product in question attesting that the latter product has not benefited form a produc­ Whereas with regard to potatoes, only potato starches are tion refund as provided for in Regulation (EEC) subject to common organization of the market, conse­ No 1722/93, and that no application for such refund will quently steps should be taken to specify the terms that be made. these potato starches should meet in order to qualify for refunds ; 3. When the proof referred to in paragraph 2 is not provided, the export refund : Whereas, in respect of glucose syrup and maltodextrine syrup, the dry extract content for which the rate of refund is set should be specified ; (a) applicable on the date of acceptance of the export declaration for the goods, or on the day specified in Article 26 (2) of Regulation (EEC) No 3665/87, where Whereas the refunds fixed for March 1994 have been the rate is not fixed in advance ; continued in April without change ; whereas according to Article 13 (4) of Regulation (EEC) No 1766/92 and (b) of which the rate is fixed in advance, Article 17 (4) of Regulation (EEC) No 1418/76 operators will be reduced by the amount of the production refund who have fixed in advance the rate of refund have a right applicable pursuant to Regulation (EEC) No 1722/93 to to the adaptation of that rate according to the threshold the basic product in question on the day of acceptance of price in force in the month of export ; that such adapta­ the export declaration for the goods, or on the day speci­ tion is not provided for traders who export without having fied in Article 26 (2) of Regulation (EEC) No 3665/87, if fixed the rate in advance ; whereas to ensure equal condi­ the goods have been placed under the export refund tions for all operators who export in April 1994 it is advance payment arrangements. necessary to apply the monthly increase to the rates applied in April 1994 ;

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 1766/92 resulting from the HAS ADOPTED THIS REGULATION : 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 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 1766/92 or in be verified in accordance with the provisions of Article 8 (1 ) and the first indent of paragraph 2 of Regulation (EEC) (*) OJ No L 102, 28 . 4. 1993, p. 14. No 3035/80.

29 . 4. 94 Official Journal of the European Communities No L 108/21

2. Where the dry-extract content of potato starch assi­ 1702 30 99, 1702 40 90, 1702 90 50 or 2106 90 55 is milated to maize starch pursuant to Article 1 (2) (a) of greater than or equal to 78 %, the rate of refund shall be Regulation (EEC) No 3035/80 is 80 % or higher, the rate that set in accordance with the Annex ; if the dry extract of the export refund shall be as laid down in the Annex ; content of the said syrups is less than 78 %, the rate where the dry-extract content is less than 80 % the rate of applied shall be equal to the rate of refund set in accor­ the refund shall be the amount laid down in the Annex dance with the Annex multiplied by the actual percentage multiplied by l /80th of the actual dry-extract percentage. of dry extract and divided by 78 .

For all other starches with a dry-extract content of 87 % or more, the rate of the export refund shall be as laid 2. For the purposes of the preceding paragraph, the dry matter content of glucose syrup or maltodextrine syrup down in the Annex ; where the dry-extract content is less shall be determined in accordance with Method 2 then 87 % the amount of the refund shall be the rate laid described in Annex II to Council Directive 79/796/EEC down in the Annex multiplied by l /87th of the actual dry-extract percentage. (3), or in accordance with any other appropriate method of analysis which offer at least the same guarantees. 3. For the purposes of paragraph 1 above, the dryextract content of starches shall be determined using 3 . When applying for the export refund, the applicant the method applied to flour in Annex II to Commission must state the dry extract content of the glucose syrup Regulation (EEC) No 1908/84 ('), as last amended by and maltodextrine syrup used, unless this information has Regulation (EEC) No 2507/87 (2). been recorded by the competent body referred to in 4. At the time of application for the export refund for Article 3 (2) of Regulation (EEC) No 3035/80, as provided the goods the applicant must declare the dry-extract for in that paragraph. content of the starches concerned, unless this information has been recorded by the competent authorities referred to in Article 3 (2) of Regulation (EEC) No 3035/80, in Article 4 accordance with the provisions of that paragraph.

This Regulation shall enter into force on 29 April 1994. Article 3

1 . If the dry extract content of glucose syrup or malto­ At the request of the interested party, it shall apply with dextrine syrup falling within CN code 1702 30 59, effect from 1 April 1994.

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

Done at Brussels, 28 April 1994.

For the Commission Martin BANGEMANN Vice-President

(') OJ No L 178 , 5. 7. 1984, p. 22. 0 OJ No L.235, 20. 8 . 1987, p. 10. (3) OJ No L 239, 22. 9. 1979, p. 24.

No L 108/22 Official Journal of the European Communities 29 . 4. 94

ANNEX

to the Commission Regulation of 28 April 1994 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 — — — in all other cases — — used in the form of : pellets of CN code 1103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 — — — hulled grains of CN code 1104 and starch of CN code 1108 — — — germ of CN code 1104 — — — gluten of CN code 1109 — — — other (except flours of CN code 1101 and groats and meal of CN code 1103) —

1001 90 99 Common wheat and meslin : — used unprocessed : — — on exports of goods falling within CN code 190211 and 1902 19 to the United States of America 2,166 — — in all other cases 3,610 — used in the form of : — — pellets of CN code 1103, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 2,166 — — hulled grains of CN code 1104 and starch of CN code 1108 3,249 germ of CN code 1104 1,263 — — gluten of CN code 1109 — — — other (except flours of CN code 1101 , and groats and meal of CN code 1103 3,610

1002 00 00 Rye : — used unprocessed 3,610 — used in the form of : — — pellets of CN code 1103, or pearled grains of CN code 1104 2,166 — — rolled or flaked grains and hulled grains of CN code 1104 3,249 germ of CN code 1104 1,295 — — starch of CN code 1108 19 90 3,700 — — gluten of CN code 2303 10 90 — — — other (except flours of CN code 1102) 3,610

1003 00 90 Barley : — used unprocessed 6,966 — 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 4,876 — — pellets of CN code 1103 4,179 germs of CN code 1104 1,295 — — starch of CN code 1108 19 90 3,700 — — gluten of CN code 2303 10 90 — other 6 «66

29 . 4. 94 Official Journal of the European Communities No L 108/23

Rate of refund CN code Description of products (') per 100 kg of basic product (2)

1004 00 00 Oats : — used unprocessed 6,583 -i used in the form of : — — pellets of CN code 1103, and pearled grains of CN code 1104 . 3,950 — — rolled or flaked grains and hulled grains of CN code 1104 5,924 — — germs of CN code 1104 1,295 — — starch of CN code 1108 19 90 3,700 — — gluten of CN code 2303 10 90 — — — other 6,583 1005 90 00 Maize (Corn) : — used unprocessed 3,700 — used in the form of : flours of CN codes 1102 20 10 and 1102 20 90 2,590 — — groats and meal of CN code 1003 and rolled or flaked grains of CN code 1104 2,960 — — pellets of CN code 1103 2,220 hulled or perled grains of CN code 1104 3,330 — — germs of CN code 1104 1,295 — — starch of CN code 1108 12 00 3,700 gluten of CN code 2303 10 11 1,480 other (3) 3,700 1006 20 Round grain husked rice 19,962 Medium grains husked rice 17,772 Long grain husked rice 17,772 ex 1006 30 Round grain wholly-milled rice 25,757 Medium grain wholly-milled rice 25,757 Long grain wholly-milled rice 25,757 1006 40 00 Broken rice : — used unprocessed 5,657 — used in the form of : — — flour of CN code 1102 30, groats and meal or pellets of CN code 1103 5,657 — — flaked grains of CN 1104 19 91 3,394 starch of CN code 1108 19 10 5,657 — — other — 1007 00 90 Sorghum 6,583 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 2,664 — in all other cases 4,440 1102 1000 Rye flour 4,945 1103 11 10 Groats and durum wheat meal : — on exports of goods falling within CN codes 1 902 1 1 and 1902 19 to the United States of America — — in all other cases — 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 2,664 — in all other cases 4,440

(') The quantities of semi-processed products used must be multiplied, as the case may be, by the coefficients shown in Annex I to Commission Regulation (EEC) No 1620/93 (OJ No L 155, 26. 6. 1993, p. 29). (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. (3) 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.