31973R1435

No L 144/26 Official Journal of the European Communities 31 . 5 . 73

REGULATION (EEC) No 1435/73 OF THE COMMISSION of 29 May 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 from rice, as last amended by Regulation (EEC) No tion of the market in cereals, as last amended by the Act (2) annexed to the Treaty (3) on the Acces­ 881 /73 ( 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 being calculated ; nomic Community and the European Atomic Energy Community, signed at Brussels on 22 January 1972, Whereas, on the basis of the criteria laid down in and in 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 ( u ), 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 l) OJ No 117, 19. 6. 1967, p. 2269/67. from the same basic product may make it possible, *) OJ No L 73, 27. 3 . 1972, p. 14 . ») OJ No L 73, 27. 3 . 1972, p. 5 . *) OJ No 174, 31 . 7. 1967, p. 1 . (H) OJ No L 179, 25 . 7. 1968, p. 8 . •) OJ No 125, 26. 6. 1967, p. 2453/67. (•) OJ No L 86 , 31 . 3 . 1973 , p. 30. •) 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 . 5 . 73 Offioial Journal of the European Communities No L 144/27

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 exchange rate which is based, in the oase of currencies common organization of the markets are respected ; 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 central rate of these currencies and, in the case of tain processed products should be graduated on the the US dollar, on the change in parity announced basis of the ash, crude fibre, tegument, protein, fat on 13 February 1973 ; and starch content of the individual product con­ 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 makes it unnecessary to fix an export refund at the The export refunds on the products listed in Article 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

Whereas Regulation (EEC) No 2806/71 H lays This Regulation shall enter into force on 1 June 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, 29 May 1973 .

For the Commission

P.J. LARDINOIS

Member of the Commission

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

No L 144/28 Official Journal of the European Communities 31 . 5 . 73

ANNEX

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

5·676 11.01 C (I) Barley flour, of an ash content, referred to dry matter, not exceeding 0·9 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0·9 °/o weight 3·860 11.01 C (11) Barley flour not included under No 11.01 C (I)

5·067 11.01 D (I) Oat flour, of an ash content, referred to dry matter, not exceeding 2·3 % by weight, of a crude fibre content, referred to dry matter, not exceeding 1·8 °/o by weight, of a moisture content not exceeding 11% and of which the peroxydase is virtually inactivated 2·871 11.01 D (II) Oat flour not included under No 11.01 D (I) 3·737 11.01 E (I) Maize flour, 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 3·203 11.01 E (II) Maize flour, of a fat content, referred to dry matter, exceeding 1·3 % but not exceeding 1·7 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % by weight 2·322 11.01 E (III) Maize flour not included under No 11.01 E (I) and (II)

11.01 F Rice flour

11.01 H Millet flour 3·µ219 5·865 11.02 A III (a) Barley groats and meal, of an ash content, referred to dry matter, not exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0·9 °/o by weight

Barley groats and meal not included under No 11.02 A III (a) 3·860 11.02 A III (b)

11.02 A IV ( a) 5·067 Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2·3 °/o by weight, of a tegument content not exceeding 0·1 %, of a moisture con­ tent not exceeding 11 %> 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) 2·871

11.02 A V (a) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 4·804 0·9 %> by weight and a crude fibre content, referred to dry matter, not exceeding 0·6 °/o by weight (1)

11.02 A V ( b) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 3·737 1·3 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0·8 °/o by weight

11.02 A V (c) Maize groats and meal, of a fat content, referred to dry matter, exceeding 3·203 1·3 % by weight but not exceeding 1·7 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 1·0 °/o weight ( J )

11.02 A VI Rice groats and meal 5·676 11.02 B I a) 1 (aa) Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0·9 %> by weight (2)

Hulled (shelled or husked ) barley not included under No 11.02 B I a) 1 (aa) (*) 3·860 11.02 B I a) 1 ( bb)

11.02 B I a) 2 (aa ) Clipped oats 4·504 11.02 B I a) 2 bb) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not exceeding 2·3 % by weight, of a tegument content not exceeding 0·5 °/o, of a moisture content not exceeding 11 °/o and of which the peroxydase is virtually inactivated (2) 2·871 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 ) (*)

31 . 5 . 73 Official Journal of the European Communities No L 144/29

Number Refund in in nomenclature Nomenclature in simplified wording u.a./100 kg 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 5·676 exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0·9 °/o 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) 3·860 (' Grütze' or ' Grutten') (2)

4·785 11.02 Bib ) 2 (aa) Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not exceeding 2·3 °/o weight, of a tegument content not exceeding 0·1 %>, of a moisture content not exceeding 11 °/o and of which the peroxydase is virtually inactivated (' Grütze' or ' Grutten') (2)

Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 ( aa) 2·871 11.02 B I b ) 2 (bb ) (' Grütze' or ' Grutten') (2)

Hulled (shelled or husked ) wheat, not sliced or kibbled (2) 4·236 11.02 B II a) ( 1 ) 11.02 C III ( a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by 7·568 weight (without talc) — 1st category (3)

6·054 11.02 C III ( b ) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 %> by weight (without talc) — 2nd category (3)

11.02 C IV Pearled oats (3) 2·871

11.02 D II 4·590 Rye not otherwise worked than kibbled

11.02 E lb ) 1 ( aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 1 °/o by 5·676 weight and of a crude fibre content, referred to dry matter, not exceeding 0·9 °/o by weight

11.02 E I b) 1 (bb) 3·860 Flaked barley not included under 11.02 E I b) 1 ( aa) 11.02 E I b) 2 (aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 2·3 % by 5·630 weight, of a tegument content not exceeding 0·1 %>, of a moisture content not exceeding 12 °/o and of which the peroxydase is virtually inactivated

11.02 E I b) 2 (bb) 4·504 Flaked oats, of an ash content, referred to dry matter, not exceeding 2·3 °/o by weight, of a tegument content exceeding 0·1 % 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 ) 2·871

ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0·9 °/o by 4·270 weight and of a crude fibre content, referred to dry matter, not exceeding 0·7 °/o by weight 3·470 ex 11.02 E II c) (2) Flaked maize, of a fat content, referred to dry matter, not exceeding 1·3 %> by weight and of a crude fibre content, referred to dry matter, not exceeding 0·8 % 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 2·936 exceeding 1·7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 °/o weight

11.02 E II e) 1 Flaked rice

11.02 F III Barley pellets 2·550

11.02 F IV Oat pellets

11.02 F V Maize pellets

11.02 G I 1·038 Wheat germ , whole, rolled, flaked or ground

11.02 G II Germ of cereals other than wheat, whole, rolled, flaked or ground 0·667

11.07 A I a ) Unroasted malt, obtained from wheat, in the form of flour 7·392

No L 144/30 Official Journal of the European Communities 31 . 5 . 73

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

11.07 A lb) Unroasted malt, obtained from wheat, other than in the form of flour 5·524

11.07 A II a) Unroasted malt, other than that obtained from wheat, in the form of flour 6·736

11.07 A II b) Unroasted malt, other than that obtained from wheat, other than in the form 5·033 of flour

11.07 B Roasted malt 5·865

11.08 A I Maize starch

11.08 A III Wheat starch 11.08 A IV Potato starch

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

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 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 % or more by 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 or not agglomerated 17.05 B II 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 0·849 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 0·849 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 0·849 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 0·849 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 0·849 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 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 . r