31973R0853

No L 85/22 Official Journal of the European Communities 31 . 3 . 73

REGULATION (EEC) No 853/73 OF THE COMMISSION of 30 March 1973 fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN thermore, to take into account the economic aspect COMMUNITIES, of the proposed exports and the need to avoid distur­ bances on the Community market ; Having regard to the Treaty establishing the Euro­ pean Economic Community ; Whereas Article 6 of Council Regulation (EEC) No Having regard to Council Regulation No 120/67/ 1052/68 (8) of 23 July 1968 on the import and ex­ EEC (*) of 13 June 1967 on the common organiza­ port system for products processed from cereals and tion of the market in cereals, as last amended by from rice, as last amended by Regulation (EEC) No the Act (2) annexed to the Treaty (8) on the Acces­ 2728 /71 (9), defines the specific criteria to be taken sion of new Member States to the European Eco­ into account when the refund on these products is nomic Community and the European Atomic Energy being calculated ; Community, signed at Brussels on 22 January 1972, Whereas, on the basis of the criteria laid down in and tin particular the first sentence of the fourth Regulation (EEC) No 1052/68, particular account subparagraph of Article 16 (2) thereof ; should be taken of the prices and quantities of basic Having regard to Council Regulation No 359/67/ products used to calculate the variable component EEC (4) of 25 July 1967 on the common organiza­ of the levy ; whereas, therefore, as is laid down for tion of the market in rice, as last amended by the the determination of the variable component, ac­ Act annexed to the Treaty on the Accession of new count should be taken of the average of the levies Member States to the European Economic Com­ on the basic products concerned during a representa­ munity and the European Atomic Energy Community, tive period, namely the first twenty-five days of the signed at Brussels on 22 January 1972, and in month preceding the month of exportation ; whereas particular the first sentence of the fourth subpara­ this average should be adjusted for the threshold graph of Article 17 (2) thereof ; price for these basic products which will be in force during the month of exportation ; whereas Art­ Having regard to the Opinion of the Monetary icle 8 of Regulation (EEC) No 1052/68 and Article Committee ; 1 of Regulation (EEC) No 1077/68 ( 10), amended by Whereas Article 16 of Regulation No 120/67/EEC Regulation (EEC) No 2764/71 ( n ), provide that and Article 17 of Regulation No 359/67/EEC pro­ the amount of the export refund should, for certain vide that the difference between quotations or prices products, be reduced by an amount equal to the pro­ on the world market for the products listed in Ar­ duction refund granted in respect of the basic pro­ ticle 1 of those Regulations and prices for those duct ; products within the Community may be covered by an export refund ; Whereas it follows from applying these rules and cri­ teria to the present situation on the market in pro­ Whereas Article 2 of Council Regulation No 139/67/ ducts processed from cereals and rice that the export EEC (5) of 21 June 1967 and Article 2 of Council refund should be fixed at an amount which will Regulation No 366/67/EEC (6) of 25 July 1967 lay­ cover the difference between Community prices and ing down general rules for granting export refunds world market prices ; on cereals and rice respectively and criteria for fix­ ing the amount of such refunds, as amended by Reg­ Whereas when the refund is being calculated ac­ ulation No 1019/67/EEC (7), provide that when re­ count should be taken of the quantities of raw mate­ funds are being fixed account must be taken of the rials used to determine the variable component of existing situation and the future trend with regard the levy ; whereas the quantities of raw materials to prices and availabilities of cereals, rice and used for certain processed products may vary accord­ broken rice on the Community market on the one ing to the end use of the product ; whereas, depend­ hand and prices for cereals, rice and broken rice on ing on the manufacturing process used, products the world market on the other ; whereas the same other than the main product are obtained, the quan­ Articles provide that it is also important to ensure tity and value of which may vary with the nature equilibrium and the natural development of prices and quality of the main products being manufac­ and trade on the markets in cereals and rice and, fur­ tured ; whereas cumulation of the refunds on the various products manufactured by a single process ( 1 ) OJ No 117, 19.6. 1967, p . 2269/67. from the same basic product may make it possible, (2) OJ No L 73 , 27. 3 . 1972, p . 14. (3) OJ No L 73 , 27. 3 . 1972, p . 5 . (') OJ No 174, 31 . 7. 1967, p . 1 . (8) OJ No L 179, 25 . 7. 1968 , p. 8 . («) OJ No 125, 26. 6. 1967, p . 2453/67. (9 ) OJ No L 282, 23 . 12 . 1971 , p . 15 . (9) OJ No 174, 31 . 7. 1967, p . 34. ( 10) OJ No L 181 , 27. 7. 1968 , p. 1 . (7) OJ No 311 , 21 . 12 . 1967, p . 13 . (») OJ No L 283 , 24. 12 . 1971 , p. 30.

31 . 3 . 73 Offioial Journal of the European Communities No L 85/23

in certain cases, to export to third countries at prices for certain products processed from cereals and which are lower than world market prices ; whereas rice ; the refund on certain products should therefore be limited to an amount which, while allowing access Whereas, if the refund system is to operate normally, refunds should be calculated on the basis of an to the world market, will ensure that the aims of the common organization of the markets are respected ; exchange rate which is based, in the oase of currencies which are floating or whose central rate differs from Whereas the refund to be granted in respect of cer­ the official parity, on the effective rate or the tain processed products should be graduated on the central rate of these currencies and, in the case of basis of the ash, crude fibre, tegument, protein, fat the US dollar, on the change in parity announced and starch content of the individual product con­ on 13 February 1973 ; cerned, this content being a particularly good indica­ Whereas the refund must be fixed once a month ; tor of the quantity of basic product actually incor­ whereas it may be altered in the intervening period ; porated in the processed product ; Whereas the measures provided for in this Regula­ Whereas there is no need at present to fix an export tion are in accordance with the Opinion of the Man­ refund for manioc, other tropical roots and tubers agement Committee for Cereals ; or flours obtained therefrom, given the economic aspect of potential exports and in particular the HAS ADOPTED THIS REGULATION : nature and origin of these products ; whereas, for cer­ tain products processed from cereals, the insignifi­ Article 1 cance of Community participation in world trade The export refunds on the products listed in Article makes it unnecessary to fix an export refund at the present time ; 1 (d) of Regulation No 120/67/EEC and in Article 1 ( 1 ) (c) of Regulation No 359/67/EEC and subject Whereas the world market situation or the specific to Regulation (EEC) No 1052/68 are hereby fixed as requirements of certain markets may make it neces­ shown in the Annex to this Regulation. sary to vary the refund for certain products accord­ ing to destination ; Article 2

Whereat Regulation (EEC) No 2806/71 (*) lays This Regulation shall enter into force on 1 April down additional rules for granting export refunds 1973 .

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

Done at Brussels, 30 March 1973 .

For the Commission

P.J. LARDINOIS Member of the Commission

(*) OJ No L 284, 28 . 12 . 1971 , p. 9.

No L 85/24 Offioial Journal of the European Communities 31 . 3 . 73

ANNEX

Number Refund in in nomenclature Nomenclature in simplified wording u.a./100 kç used for refunds (third countries)

11.01 C (I) Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 °/o by 4-685 weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o weight 11.01 C (II ) Barley flour not included under No 11.01 C (I) 3-186 11.01 D (I) Oat flour, of an ash content, referred to dry matter, not exceeding 2*3 °/o by 3-634 weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 % by weight, of a moisture content not exceeding 11 %> and of which the Peroxydase is virtually inactivated Oat flour not included under No 11.01 D (I) 2-059 11.01 D (II) 11.01 E (I) Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 % by 5-582 weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 °/o by weight

11.01 E (II) Maize flour, of a fat content, referred to dry matter, exceeding 1-3 % but not 4-784 exceeding 1-7% by weight and of a crude fibre content, referred to dry matter, not exceeding 1 °/o by weight 11.01 E (III ) Maize flour not included under No 11.01' E (I ) and (II) 3-469

Rice flour — 11.01 F 11.01 H Millet flour 3-269 11.02 A III (a) Barley groats and meal, of an ash content, referred to dry matter, not exceeding 4-841 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight

11.02 A III (b) Barley groats and meal not included under No 11.02 A III (a) 3-186

11.02 A IV ( a) Oat groats and meal, of an ash content, referred to dry matter, not exceeding 3-634 2-3 Vo by weight, of a tegument content not exceeding 0-1 %, of a moisture con­ tent not exceeding 11 °/o and of which the Peroxydase is virtually inactivated

11.02 A IV (b) Oat groats and meal not included under No 11.02 A IV (a) 2-059 11.02 A V ( a) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 7-177 0-9 % by weight and a*crude fibre content, referred to dry matter, not exceeding 0-6 °/o by weight (*)

11.02 A V (b) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 5-582 1-3 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0·8 % by. weight

11.02 A V (c) Maize groats and meal, of a fat content, referred to dry matter, exceeding 4-784 1*3 Vo by weight but not exceeding 1-7 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 1-0 % weight (*)

— 11.02 A VI Rice groats and meal 11.02 B I a) 1 ( aa) Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not 4-685 exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o by weight (2)

11.02 B I a ) 1 ( bb ) Hulled (shelled or husked ) barley not included under No 11.02 B I a) 1 (aa) (*) 3-186

Clipped oats — 11.02 B I a) 2 ( aa) 1 1.02 B I a) 2 bb ) ( 11 ) Hulled (shelled or husked ) oats, of an ash content, referred to dry matter, not 3-230 exceeding 2-3 % by weight, of a tegument content not exceeding 0-5 °/o, of a moisture content not exceeding ll°/o and of which the Peroxydase is virtually inactivated (2) 11.02 B I a) 2 bb) (22) Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (') 2-059

31 . 3 . 73 Official Journal of the European Communities No L 85/25

Number Refund in in nomenclature Nomenclature in simplified wording u.a./100 k$ used for refunds (third countries)

11.02 B I b) 1 (aa) Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 4-685 exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0*9 %> by weight (' Grütze' or ' Grutten') (2) '11.02 B I b) 1 (bb ) Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa) 3-186 (' Grütze' or ' Grutten') (2)

Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not 3-432 11.02 B I b) 2 (aa) exceeding 2-3 °/o weight, of a tegument content not exceeding 0-1 °/o, of a moisture content not exceeding 11 °/o and of which the Peroxydase is virtually inactivated (' Grütze' or ' Grutten') (*) 11.02 B I b) 2 (bb) Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa) 2-059 ('Grütze' or ' Grutten') (2) 11.02 B II a) ( 1 ) Hulled (shelled or husked) wheat, not sliced or kibbled (2) 4-943

11.02 C III ( a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 6-246 weight (without talc) — 1st category (3) 11.02 C III (b) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by 4-997 weight (without talc) — 2nd category (3)

11.02 C IV Pearled oats (3) 2-059

11.02 D II Rye not otherwise worked than kibbled 3-570 11.02 E I b) 1 (aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 1 °/o by 4-685 weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight 11.02 E I b) 1 (bb) Flaked barley not included under 11.02 E I b) 1 (aa) 3-186 11.02 E I b) 2 (aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 2*3 °/o by 4-038 weight, of a tegument content not exceeding 0-1 °/o, of a moisture content not exceeding 12 %> and of which the Peroxydase is virtually inactivated 11.02 E I b) 2 (bb) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 %> by 3-230 weight, of a tegument content exceeding 0·1 °/o but not exceeding 1-5 °/o, of a moisture content not exceeding 12 °/o and of which the Peroxydase is virtually inactivated 11.02 E I b ) 2 (cc) Flaked oats not included under Nos 11.02 E I b) 2 ( aa) and 11.02 E I b) 2 (bb) 2-059

ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0·9 % by 6-375' weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 °/o by weight 5-183 ex 11.02 E II c) (2) Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0·8 °/o by weight ex 11.02 E II c) (3 ) Flaked maize, of a fat content, referred to dry matter, exceeding 1*3 °/o but not 4-386 exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1% weight 11.02 E II e) 1 Flaked rice —

11.02 F m Barley pellets 3-570

11.02 F IV Oat pellets — 11.02 F V Maize pellets —

11.02 G I Wheat germ, whole, rolled, flaked or ground 1-212

11.02 G II Germ of cereals other than wheat, whole, rolled, flaked or ground 0-997

11.07 A I a) Unroasted malt, obtained from wheat, in the form of flour 8-626

No L 85/26 Official Journal of the European Communities 31 . 3 . 73

Number Refund in in nomenclature Nomenclature in simplified wording u.a ./100 kç used for refunds (third countries)

11.07 A I b) Unroasted malt, obtained from wheat, other than in the form of flour 6-445

11.07 A II a) Unroasted malt, jother than that obtained from wheat, in the form of flour 5-559

11.07 A II b) Unroasted malt, other than that obtained from wheat, other than in the form 4-154 of flour

11.07 B Roasted malt 4-841

11.08 A I Maize starch 0-382 11.08 A III Wheat starch —

11.08 AIV Potato starch 0-382

11.08 A V Starches other than maize, rice, wheat, or potato starch 0-382

11.09 A Dried wheat gluten, of a protein content, referred to dry matter, not exceeding — 82 % by weight (N X 6-25)

17.02 B II a) ; Glucose other than glucose containing, in the dry state, 99 % or more by weight 0-498 of the pure product, in the form of white crystalline powder, whether or not agglomerated (4) 17.02 B II b ) Glucose and glucose syrup not containing, in the dry state, 99 °/o or more by 0-382 weight of the pure product, other than glucose in the form of white crystalline powder, whether or not agglomerated (4) 17.05 B I Flavoured or coloured glucose, in the form of white crystalline powder, whether 0-498 or not agglomerated 17.05 B II 0-382 Flavoured or coloured glucose and glucose syrup, other than in the form of white crystalline powder, whether or not agglomerated 23.02 A I a) Brans, sharps and other residues derived from the sifting, milling or working of 0-957 maize or rice of a starch content not exceeding 35 °/o by weight 23.02 A I b ) 1 Brans, sharps and other residues derived from the sifting, milling or working of 0-957 maize or rice, of a starch content exceeding 35% but not , exceeding 45% by weight, and having undergone a denaturing process 23.02 A I b) 2 Brans, sharps and other residues derived from the sifting, milling or working of 0-957 maize or rice, of a starch content exceeding 35% by weight, and not having undergone a denaturing process, or of a starch content exceeding 45 % by weight and having undergone denaturing process

23.02 A II a ) Brans, sharps and other residues derived from the sifting, milling or working 0-957 of maize or rice, of a starch content not exceeding 28 % by weight and of which the percentage which passes through a sieve with an aperture of 0·2 mm does not exceed 10 % by weight or of which the sifted product has an ash content, calculated on dry matter, not exceeding 1-5 % by weight

23.02 A II b) Brans, sharps and other residues derived from the sifting, milling or working of 0-957 cereals other than maize or rice, not included under No 23.02 A II a )

23.03 A I Residues from the manufacture of starch from maize (excluding concentrated 0-474 steeping liquors), of a protein content, calculated on dry matter, not exceeding 63 % by weight (N X 6-25 )

(') The export refund is paid in respect of maize, groats and meal : — of which a percentage not exceeding 30 °/o passes through a sieve with an aperture of 315 microns , — of which a percentage not exceeding 5 °/o of product passes through a sieve with an aperture of 150 microns. (*) 'Hulled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. 1968, p. 46). (') 'Pearled grains ' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29 . 6. 1968, p. 46). (*) Pursuant to Regulation No 189/66/EEC the product falling within subheading No 17.02 B I enjoys the same export refund as the product fal­ ling within subheading No 17.02 B II .