31994R0992

30 . 4. 94 Official Journal of the European Communities No L 111 /49

COMMISSION REGULATION (EC) No 992/94 of 29 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,

(b) the level of the refunds on exports of processed agri­ Having regard to Council Regulation (EEC) No 1766/92 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 (2), 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 1 544/93 (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 f), 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 (9), and Commission Regu­ No 776/94 (6), 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 ("), 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 1902 11 00 and

(') OJ No L 181 , 1 . 7. 1992, p. 21 . O OJ No L 159, 1 . 7. 1993, p. 112. (2) OJ No L 196, 5. 8 . 1993, p. 22. (8) 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. (j OJ No L 154, 25. 6. 1993, p. 5. (10) OJ No L 351 , 14. 12. 1987, p. 1 . O OJ No L 323, 29 . 11 . 1980, p. 27. (") OJ No L 256, 14. 10. 1993, p. 7. O OJ No L 91 , 8 . 4. 1994, p. 6. (12) OJ No L 275, 29 . 9. 1987, p. 36.

No L 111 /50 Official Journal of the European Communities 30 . 4. 94

1902 19 according to their destination ; 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 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 ;

Whereas Council Regulation (EEC) No 990/93 (') prohi­ The proof referred to in the first subparagraph is provided bits trade between the European Community and the by the presentation by the exporter of a declaration from Federal Republic of Yugoslavia (Serbia and Montenegro) ; the processor of the basic product in question attesting whereas this prohibition does not apply in certain situa­ that the latter product has not benefited form a produc­ tions as comprehensively listed in Articles 2, 4, 5 and 7 tion refund as provided for in Regulation (EEC) thereof ; whereas account should be taken of this fact No 1722/93, and that no application for such refund will be made . when fixing the refunds ;

Whereas in particular the export refund for unprocessed 3. When the proof referred to in paragraph 2 is not starches falling within CN code 1108 is granted only if provided, the export refund : the dry matter content is at least 77 % in the case of potato starch and at least 84 % in the case of cereal star­ ches ; (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 with regard to potatoes, only potato starches are the rate is not fixed in advance ; subject to common organization of the market, conse­ (b) of which the rate is fixed in advance, quently steps should be taken to specify the terms that these potato starches should meet in order to qualify for will be reduced by the amount of the production refund refunds ; applicable pursuant to Regulation (EEC) No 1722/93 to the basic product in question on the day of acceptance of Whereas, in respect of glucose syrup and maltodextrine the export declaration for the goods, or on the day speci­ syrup, the dry extract content for which the rate of refund fied in Article 26 (2) of Regulation (EEC) No 3665/87, if is set should be specified ; the goods have been placed under the export refund advance payment arrangements.

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

1 . The refund for starches and potato starch falling HAS ADOPTED THIS REGULATION : 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 Article 1 produced from cereals, potatoes or rice excluding all use of subproducts obtained in the production of other agri­ 1 . Without prejudice to paragraphs 2 and 3 the rates of cultural products or goods. the refunds applicable to the basic products appearing in Annex A to Regulation (EEC) No 3035/80 and listed either in Article 1 of Regulation (EEC) No 1766/92 or in The above declaration can be considered valid, until revo­ Article 1 (1 ) of Regulation (EEC) No 1418/76, exported in cation, for all supplies from the same producer ; it shall the form of goods listed in Annex B to Regulation (EEC) be verified in accordance with the provisions of Article 8 No 1766/92 or in Annex B to Regulation (EEC) No ( 1 ) and the first indent of paragraph 2 of Regulation (EEC) 1418/76 respectively, are hereby fixed as shown in the No 3035/80 . Annex to this Regulation.

2. Where the dry-extract content of potato starch assi­ 2. For the products listed in the Annex 1 to Regulation milated to maize starch pursuant to Article 1 (2) (a) of (EEC) No 1722/93 the refunds given in the Annex to this Regulation (EEC) No 3035/80 is 80 % or higher, the rate Regulation shall be applied on presentation, at the accep­ of the export refund shall be as laid down in the Annex ; tance of the export declaration and the request for obtai­ where the dry-extract content is less than 80 % the rate of the refund shall be the amount laid down in the Annex (') OJ No L 102, 28 . 4. 1993, p. 14. multiplied by l /80th of the actual dry-extract percentage.

30 . 4. 94 Official Journal of the European Communities No L 111 /51

For all other starches with a dry-extract content of 87 % 1702 30 99, 1702 40 90, 1702 90 50 or 2106 90 55 is or more, the rate of the export refund shall be as laid greater than or equal to 78 % , the rate of refund shall be down in the Annex ; where the dry-extract content is less that set in accordance with the Annex ; if the dry extract then 87 % the amount of the refund shall be the rate laid content of the said syrups is less than 78 % , the rate down in the Annex multiplied by l /87th of the actual applied shall be equal to the rate of refund set in accor­ dry-extract percentage. dance with the Annex multiplied by the actual percentage of dry extract and divided by 78 . 3. For the purposes of paragraph 1 above, the dryextract content of starches shall be determined using 2. For the purposes of the preceding paragraph, the dry the method applied to flour in Annex II to Commission matter content of glucose syrup or maltodextrine syrup shall be determined in accordance with Method 2 Regulation (EEC) No 1908/84 ('), as last amended by described in Annex II to Council Directive 79/796/EEC Regulation (EEC) No 2507/87 (2). (3), or in accordance with any other appropriate method of 4. At the time of application for the export refund for analysis which offer at least the same guarantees. the goods the applicant must declare the dry-extract 3. When applying for the export refund, the applicant content of the starches concerned, unless this information must state the dry extract content of the glucose syrup has been recorded by the competent authorities referred and maltodextrine syrup used, unless this information has to in Article 3 (2) of Regulation (EEC) No 3035/80, in been recorded by the competent body referred to in accordance with the provisions of that paragraph. Article 3 (2) of Regulation (EEC) No 3035/80, as provided for in that paragraph. Article J Article 4 1 . If the dry extract content of glucose syrup or malto­ dextrine syrup falling within CN code 1702 30 59, This Regulation shall enter into force on 1 May 1994.

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

Done at Brussels, 29 April 1994.

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.

No L 111 /52 Official Journal of the European Communities 30 . 4. 94

ANNEX

to the Commission Regulation of 29 April 1994 fixing the rates of the refunds applicable to certain cereals and riee 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 1 902 1 1 and 1902 19 to the United States of America — — — in all other cases — — used in the form of : — — pellets of CN code 1 1 03, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 — — — hulled grains of CN code 1 104 and starch of CN code 1 108 — germ of CN code 1 1 04 — — — 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 1902 11 and 1902 19 to the United States of America 2,582 — — in all other cases 4,303 — used in the form of : — — pellets of CN code 1 1 03, or grains otherwise worked (other than hulled, kibbled, or germ) of CN code 1104 2,582 — — hulled grains of CN code 1104 and starch of CN code 1108 3,873 — — germ of CN code 1104 1,506 — — gluten of CN code 1109 — — — other (except flours of CN code 1101 , and groats and meal of CN code 1103 4,303

1002 00 00 Rye : — used unprocessed 4,303 — used in the form of : — — pellets of CN code 1103, or pearled grains of CN code 1104 2,582 — — rolled or flaked grains and hulled grains of CN code 1 104 3,873 — — germ of CN code 1104 1,544 — — starch of CN code 1108 19 90 4,411 — — gluten of CN code 2303 1 0 90 — — — other (except flours of CN code 1102) 4,303

1003 00 90 Barley : — used unprocessed 7,871 — 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 5,510 — — pellets of CN code 1103 4,723 — — germs of CN code 1104 1,544 — — starch of CN code 1108 19 90 4,411 — — gluten of CN code 2303 1 0 90 — — — other 7,871

30 . 4. 94 Official Journal of the European Communities No L 111 /53

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

1004 00 00 Oats : — used unprocessed 4,414 — used in the form of : — — pellets of CN code 1103, and pearled grains of CN code 1104 2,648 — — rolled or flaked grains and hulled grains of CN code 1 104 3,973 — — germs of CN code 1 1 04 1 ,544 — — starch of CN code 1108 19 90 4,411 — — gluten of CN code 2303 10 90 — other 4,414 1005 90 00 Maize (Corn) : — used unprocessed 4,411 — used in the form of : flours of CN codes 1102 20 10 and 1102 20 90 3,088 — — groats and meal of CN code 1003 and rolled or flaked grains of CN code 1104 3,529 — — pellets of CN code 1103 2,647 — — hulled or perled grains of CN code 1104 3,970 — — germs of CN code 1 1 04 1 ,544 — — starch of CN code 1108 12 00 4,411 gluten of CN code 2303 10 11 1,764 — — other (3) 4,411 1006 20 Round grain husked rice 20,073 Medium grains husked rice 17,871 Long grain husked rice 17,871 ex 1006 30 Round grain wholly-milled rice 25,900 Medium grain wholly-milled rice 25,900 Long grain wholly-milled rice 25,900 1006 40 00 Broken rice : — used unprocessed 5,800 — used in the form of : — — flour of CN code 1 1 02 30, groats and meal or pellets of CN code 1103 5,800 — — flaked grains of CN 1104 19 91 3,480 — — starch of CN code 1108 19 10 5,800 — — other — 1007 00 90 Sorghum 7,871 1101 00 00 Wheat or meslin flour : — on exports of goods falling within CN codes 1 902 1 1 and 1902 19 to the United States of America 3,176 — in all other cases 5,293 1102 1000 Rye flour 5,895 1103 11 10 Groats and durum wheat meal : — on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America — — in all other cases — 1 1 03 1 1 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 3,176 — in all other cases 5,293

(') 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.