31974R0381

15 . 2. 74 Official Journal of the European Communities No L 43 /9

REGULATION (EEC) No 381 /74 OF THE COMMISSION of 14 February 1974 fixing the export levies on cereals

THE COMMISSION Ol3 THE EUROPEAN and given the market situation for certain processed COMMUNITIES, products, an export levy for these products must also be fixeid ; Having regard to the Treaty establishing the Euro­ pean Economic Community ; Whereas the threshold prices for the 1973 /74 marke­ Having regard to Council Regulation No 120/67/ ting year were fixed by Council Regulation (EEC) EEC (*) of 13 June 1967 on the common organiza­ No 1964/73 (5) of 17 July 1973 ; tion of the market in cereals, as last amended by Regulation (EEC) No 1346/73 (2) ; Whereas Article 3 of Regulation (EEC) No 1968/73 Having regard to Council Regulation ( EEC) No specifies that when the export levy is being fixed 1968/73 (3) of 19 July 1973 laying down general account must be taken of the existing situation and rules to be applied in the event of the cereals market the future trend with regard to prices and availabili­ being disturbed, as amended by Regulation ( EEC) ties of cereals on the Community market on the one No 2632/73 (4) anid in particular Article 4 (2) hand and prices for cereals and cereal products on thereof ; the world market on the other ; whereas the same article provides that it is also important to ensure Having regard to the Opinion of the Monetary Com­ equilibrium and the natural development of prices mittee ; and trade on cereal markets and furthermore, to take into account the economic aspect of the proposed Whereas Article 19 of Regulation No 120/67/EEC exports and the need to avoid disturbances on the provides that the necessary measure may be taken Community market ; if the cif price of one or more products is apprecia­ bly higher than the threshold price and if that situation is likely to continue thereby disturbing or Whereas for the products, other than starches, listed threatening to disturb the Community market ; in Article 1 (c) and (d) of Regulation No 120/67/ EEC the specific factors set out in Article 3 (2) of Whereas Regulation (EEC) No 1968/73 specifies that Regulation (EEC) No 1968/73 must also be taken the cif price may be regarded as appreciably higher into account ; that the threshold price when it exceeds it by at least 2 °/o ; whereas this excess may be regarded as being likely to continue where an imbalance between Whereas the export levy may be varied if the world supply and demand is established and where this market siituation or the specific requirements of cer­ imbalance is likely to persist having regard to tain markets make this necessary ; foreseeable production and market price trends ; Whereas, if the levy system is to operate normally, Whereas the high level of prices in international trade the following should be used to calculate the levies : could impede importation of common wheat, maize, rye, barley, sorghum and wheat groats and meal into the Community or provoke exportation from the — for currencies the exchange rates for which are Community ; kept at any given moment within a band of 2-25 °/o, a conversion rate based on their actual Whereas the situation described above can be said parity ; to exist at the present time ; whereas to ensure sup­ plies in the Community an export levy should be — for other currencies a conversion rate based on introducted for these products ; the arithmetic mean of the spot market rates for eaoh of these currencies against the Community Whereas, in view of the relationship between the basic product and the products processed from it currencies referred to in the preceding paragraph over a specified period ;

(*) OJ No 117, 19. 6 . 1967, p. 2269/67. (•) OJ No L 141 , 28. 5 . 1973, p . 8 . (•) OJ No L 201 , 21 . 7. 1973, p. 10. (*) OJ No L 272, 29. 9. 1973 , p. 18. (•) OJ No L 201, 21 . 7. 1973, p . 3 .

No L 43/ 10 Official Journal of the European Communities 15 . 2. 74

Whereas it follows from applying the rules outlined HAS ADOPTED THIS REGULATION : above to the present situation on the market in Article 1 cereals, and in particular to quotations or prices for these products within the Community and on the The export levies referred to in the first indent of world market, that uhe export levies, should be fixed Article 2 ( 1 ) of Regulation (EEC) No 1968/73 are as shown in the Annex to this Regulation ; hereby fixed as shown in the Annex for the products listed therein. Article 2 Whereas the measures provided for in this Regula­ tion are in accordance with the Opinion of the This Regulation shall enter into force on 15 February Management Committee for Cereals, 1974.

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

Done at Brussels, 14 February 1974. For the Commission P.J. LARDINOIS Member of the Commission

15 . 2 . 74 Official Journal of the European Communities No L 43 / 11

ANNEX

to the Commission Regulation of 14 February 1974 fixing the export levy in the cereal sector

CCT heading No Description u.a. /metric ton

ex 10.01 A Common wheat and meslin, excluding officially certified seeds (*) 85-00

ex 10.02 Rye, excluding officially certified seeds (*) 10-00

ex 10.03 Barley, excluding officially certified seeds (') 25-00

ex 10.04 Oats, excluding officially certified seeds (*) 20-00

10.05 B Maize other than hybrid maize for sowing 35-00

10.07 C Grain sorghum 2000

ex 11.01 A Wheat flour 50-00

11.02 A I a) Durum wheat groats and meal 50-00

11.02 A lb) Common wheat groats and meal 50-00

11.01 Flour of cereals :

C. Barley flour 12-50

D. Oat flour 10-00

E. Maize flour : I. Of a fat content not exceeding 1-5 °/o by weight 17-50 II . Other 35-00

H. Millet flour

K. Grain sorghum flour 20-00

11.02 Cereal groats and cereal meal ; other worked cereal grains ( for example, rolled , flaked, ^polished, pearled or kibbled , but not further prepared), except husked, glazed, polished or broken rice ; germ of cereals, whole, rolled, flaked or ground : A. Cereal groats and cereal meal : II, Rye 10-00 III . Barley : a) Of an ash content not exceeding 1 % by weight 12-50 b ) Barley groats and meal not included under No 11.02 A III a ) 25-00 IV . Oats : a) Of an ash content not exceeding 2-3 % by weight 10-00 b) Oat groats and meal not included under No 11.02 A IV a) 20-00

No L 43/ 12 Official Journal of the European Communities 15 . 2 . 74

CCT heading No Description u. a. /metric ton

11.02 V. Maize : (cont'd) a) Of a fat content not exceeding 1*5 % iby weight : 1 . For the brewing industry 17-50 2 . Other 17-50 b) Other 35-00 VIII . Millet — IX. Grain sorghum 20-00

B. Hulled graiins ( shelled or husked), whether or not sliced or kibbled : I. Barley, oats, buckwheat and millet : a) hulled (shelled or husked) : 1 . Barley (2) 25-00 2 . Oats : aa) Clipped oats 20-00 bb) Other (2) 20-00 — 4 . Millet b ) Hulled and sliced or kibbled ('Grütze or grutten') : 1 . Barley (2) 25-00 2 . Oats f) 20-00 4. Millet (2) — II . Other cereals : a) Wheat (2 ) 90-00 b) Rye (2) 10-00 35-00 c) Maize (2) d) Grain sorghum ( 2 ) 20-00

C. Pearled grains : I. Wheat ( 3) 90-00 II . Rye (3) 10-00 III . Barley : a ) Of an ash content ( without talc) not exceeding 1 % by weight — 1st category (3) 12-50 b ) Other (3) 25-00 IV. Oats (3) 20-00 V. Maize (3) 35-00

— VII. Millet (3) VIII . Grain sorghum (8) 20-00

15 . 2 . 74 Official Journal of the European Communities No L 43/ 13

CCT heading No Description u . a . /metric ton

11.02 D. Grains not otherwise worked than kibbled : (cont'd) I. Wheat 90-00 II. Rye . 10-00 III. Barley 25-00 IV . Oats 20-00 V. Maize 35-00 VII . Millet VIII. Grain sorghum 20-00

E. Rolled grains ; flaked grains : I. Barley, oats, buokwheat and millet : a ) Rolled : 1 . Bairley 25-00 2 . Oats 20-00 4. Millet b ) Flaked : 1 . Barley 12-50 2 . Oats 10-00 4 . Millet II . Other cereals : a) Wheat 90-00 b) Rye 10-00 c) Maize 35-00 d ) Grain sorghum 20-00

F. Pellets : I. Wheat 90-00 II. Rye 10-00 III . Barley 25-00 IV . Oats 20-00 V. Maiize 35-00 VI . Rice 204-00 VIII . Millet IX. Grain sorghum 20-00

G. Germ of cereals, whole, rolled, flaked or ground I. Wheat 22-50 II . Other 8-75

No L 43 / 14 Official Journal of the European Communities 15 . 2. 74

CCT heading No Description u.a. /metric ton

11.07 Malt, roasted or not :

A. Un roasted :

I. Obtained from wheat : a ) In the form of flour 45-00 b) Other 45-00

II . Other : a ) In the form of flour 12-50 b) Other 12-50

B. Roasted 12-50

23.02 Bran, sharps and other residues derived from the sifting, milling or working of cereals or of leguminous vegetables :

A. Of cereals :

I. Of maize or rice : 48-00 a) With a starch content not exceeding 35 °/o iby weight b) Other : 1 . With a starch content exceeding 35 °/» but wot exceeding 45 °/o by 4800 weight, and having undergone a denaturing process 2 . Other 48-00 II . Of other cereals : a) Of which the starch content does not exceed 28 °/o by weight, and of which the percentage which passes through a sieve with an aperture of 0-2 mm does not exceed 10°/o by weight or of which the sieved pro­ duct has an ash content, calculated on the dry product, of 1-5 % or 48-00 mare by weight 48-00 b) Other

23.07 Sweetened forage, other preparations of a kind used in .animal feeding :

B. Other, containing starch, glucose or glucose syruip falling within subheading Nos 17.02 B and 17.05 B, or milk products, mixed with other products too :

I. Containing starch or gluoose or glucose syrup : a) Containing no starch or containing 10 °/« or less by weight of starch : 1 . Containing no milk products or containing less than 10 °/o by weight of such products 26-25 2. Containing not less than 50 °/o by weight of imilk products 26-25

15 . 2. 74 Official Journal of the European Communities No L 43 / 15

CCT heading No Description u. a. / metric ton

23.07 b) Containing more than 10 % but not more than 30 % by weight of (cont'd) starch : 1 . Containing no milk products or containing less than 10 % by weight of such products 26-25 2. Containing not less than 10 °/o but less than 50 °/o by weight of milk products 26-25 c) Containing more than 30 % by weight of milk .products : 1 . Containing no milk products or containing less than 10 °/o by weight of such products 26-25 2. Containing not less than 10 % but less than 50 % by weight of milk products 26-25

(l) Officially certified seeds are understood to be those seeds contained in the packages officially sealed and officially labelled as 'basic seed', ' certified seed , first generation ', ' certified seed , second generation ' conforming to the provisions of the Council Directive of 14 June 1966 on the marketing of cereal seed (OJ No 125, 11 . 7. 1966, p. 2309/66) and of the Council Decision of 26 March 1973 on the equivalence of seed produced in Denmark, Ireland and the United Kingdom ( OJ No L 106, 20. 4. 1973 , p. 12). (*) 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).