31. 5. 94 Official Journal of the European Communities No L 136/5 COMMISSION REGULATION (EC) No 1222/94 of 30 May 1994 laying down common detailed rules for the application of the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products ('), and in particular the first subparagraph of Article 8 (3) thereof, Whereas the regulations on the common organization of the markets in milk and milk products, eggs, rice, sugar and cereals provide that, to the extent required to allow the agricultural products in question to be exported in the form of certain processed goods not listed in Annex II to the Treaty on the basis of world market quotations or prices for such products, the difference between such quotations or prices and prices in the Community may be covered by an export refund; [ Whereas Council Regulation (EEC) No 3035/80 (3), as last amended by Regulation (EC) No 776/94 (%) laid down general rules for granting export refunds on certain agri- cultural products exported in the form of goods not covered by Annex II to the Treaty and the criteria for fixing the amount of such refunds; whereas the rules adopted under that Regulation may be maintained in their entirety until a more extensive revision is carried out; Whereas, however, certain amendments to the rules should be made now; Whereas the goods in question may be obtained directly from basic products or from products derived from the processing thereof, or from products assimilated to one of those two categories; whereas in all these cases rules should be laid down for determining the amount of the export refund ; Whereas, in the absence of evidence that no production refund was granted pursuant to Commission Regulation () OJ No L 318, 20. 12. 1993, p. 18. () O] No L 323, 29, 11. 1980, p. 27. () OJ No L 91, 8. 4. 1994, p. 6. (EEC) No 1722/93 of 30 June 1993 laying down detailed rules for the application of Council Regulations (EEC) No 1766/92 and (EEC) No 1418/76 concerning production refunds in the cereals and rice sectors respectively (%), or pursuant to Council Regulation (EEC) No 1010/86 of 25 March 1986 laying down general rules for the production refund on certain sugar products used in the chemical industry (), as last amended by Commission Regulation (EEC) No 464/91 (), the export refund should be reduced by the amount of the production refund applicable on the 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 565/80 of 4 March 1980 on the advance payment of export refunds in respect of agricultural products (), as amended by Regula- tion (EEC) No 2026/83 (¥}, and Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products (®), as last amended by Regulation (EEC) No 2805/93 (°), lay down rules on the advance payment of export refunds that must be adhered to when the refunds are adjusted ; Whereas exporters should be able to know sufficiently far in advance the amount of the refund to which they may be entitled ; whereas to that end, subject to the provision of Article 17 of Council Regulation (EEC) No 804/68 (*!), as last amended by Regulation (EC) No 230/94 ('3, and of the corresponding Articles in the other regulations on the common organizations of markets, that amount should be fixed for a period of one month ; Whereas Commission Regulation (EEC) No 1760/83 of 29 June 1983 on special detailed rules for the application of the system of advance-fixing certificates for certain agricultural products exported in the form of goods not () OJ No L 159, 1. 7. 1993, p. 112. ) OJ No L 94, 9. 4. 1986, p. 9. (9 OJ No L 54, 28. 2. 1991, p. 22. () O] No L 62, 7. 3. 1980, p. S. (% OJ No L 199, 22. 7. 1983, p. 12. () O No L 351, 14. 12. 1987, p. 1. (%) OJ No L 256, 14. 10. 1993, p. 7. (') OJ No L 148, 28. 6. 1968, p. 13. (?) OJ No L 30, 3. 2. 1994, p. 1.