31974R0731

30 . 3 . 74 Official Journal of the European Communities No L 86/ 11

REGULATION ( EEC) No 731 /74 OF THE COMMISSION of 29 March 1974 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 1052/68 (9 ) of 23 July 1968 on the import and ex­ Having regard to Council Regulation No 120/67/ port system for products processed from cereals and EEC ( ! ) of 13 June 1967 on the common organiza­ from rice, as last amended by Regulation (EEC) No tion of the market in cereals, as last amended by 881 /73 ( 10), defines the specific criteria to be taken Regulation (EEC ) No 1346/73 (2 ), and in particular into account when the refund on these products is the first sentence of the fourth subparagraph of being calculated ; Article 16 ( 2 ) thereof ; Whereas , on the basis of the criteria laid down in Having regard to Council Regulation No 359/67/ EEC ( 3 ) of 25 July 1967 on the common organiza­ Regulation (EEC) No 1052/68 , particular account tion of the market in rice, as last amended by the should be taken of the prices and quantities of basic Act ( 4 ) annexed to the Treaty ( 5 ) on the Accession products used to calculate the variable component of new Member States to the European Economic of the levy ; whereas, therefore, as is laid down for Community and the European Atomic Energy Com­ the determination of the variable component, ac­ munity, signed at Brussels on 22 January 1972 , and count should be taken of the average of the levies in particular the first sentence of the fourth sub­ on the basic products concerned during a representa­ paragraph of Article 17 (2) thereof ; tive period, namely the first twenty-five days of the month preceding the month of exportation ; whereas Having regard to the Opinion of the Monetary this average should be adjusted for the threshold Committee ; price for these basic products which will be in force during the month of exportation ; whereas Art­ Whereas Article 16 of Regulation No 120/67/EEC icle 8 of Regulation ( EEC ) No 1052 /68 and Article and Article 17 of Regulation No 359/67/EEC pro­ 1 of Regulation (EEC) No 1077/68 ( n ), amended by vide that the difference between quotations or prices Regulation (EEC) No 2764/71 ( 12), provide that on the world market for the products listed in Ar­ the amount of the export refund should, for certain ticle 1 of those Regulations and prices for those products, be reduced by an amount equal to the pro­ products within the Community may be covered duction refund granted in respect of the basic pro­ by an export refund ; duct ; Whereas Article 2 of Council Regulation No 139/67/ Whereas it follows from applying these rules and cri­ EEC ( ° ) of 21 June 1967 and Article 2 of Council teria to the present situation on the market in pro­ Regulation No 366/67/EEC ( 7 ) of 25 July 1967 lay­ ducts processed from cereals and rice that the export ing down general rules for granting export refunds refund should be fixed at an amount which will on cereals and rice respectively and criteria for fix­ cover the difference between Community prices and ing the amount of such refunds, as amended by Reg­ world market prices ; ulation No 1019/67/EEC ( 8), provide that when re­ funds are being fixed account must be taken of the Whereas when the refund is being calculated ac­ existing situation and the future trend with regard count should be taken of the quantities of raw mate­ to prices and availabilities of cereals , rice and rials used to determine the variable component of broken rice on the Community market on the one the levy ; whereas the quantities of raw materials hand and prices for cereals, rice and broken rice on used for certain processed products may vary accord­ the world market on the other ; whereas the same ing to the end use of the product ; whereas, depend­ Articles provide that it is also important to ensure ing on the manufacturing process used, products equilibrium and the natural development of prices other than the main product are obtained, the quan­ and trade on the markets in cereals and rice and, fur­ tity and value of which may vary with the nature and quality of the main products being manufac­ tured ; whereas cumulation of the refunds on the l ) OJ No 117, 19.6. 1967, p . 2269/67. various products manufactured by a single process *) OJ No L 141 , 28 . 5 . 1973 , p . 8 . from the same basic product may make it possible, *) OJ No 174 , 31 . 7 . 1967, p . 1 . *) OJ No L 73 , 27. 3 . 1972, p . 14. *) OJ No L 73 , 27. 3 . 1972, p . 5 . ( B) OJ No L 179, 25 . 7. 1968, p. 8 . {•) OJ No 125 , 26. 6 . 1967, p. 2453/67. ( 10 ) OJ No L 86 , 31 . 3 . 1973 , p . 30. ( T) OI No 174, 31 . 7. 1967, p. 34. (») OJ No L 181 , 27. 7. 1968, p. 1 . («) OJ No 311 , 21 . 12 . 1967, p . 13. (") OJ No L 283 , 24. 12. 1971, p . 30.

No L 86/ 12 Official Journal of the European Communities 30 . 3 . 74

in certain cases, to export to third countries at prices Whereas, if the refund system is to operate normally, which are lower than world market prices ; whereas refunds should be calculated on the following basis : the refund on certain products should therefore be — in the case of currencies which are maintained in limited to an amount which, while allowing access to the world market, will ensure that the aims of the relation to each other, at any given moment, common organization of the markets are respected ; within a band of 2-25 °/o, a rate of exchange based on their effective parity ; Whereas the refund to be granted in respect of cer­ — for other currencies an exchange rate based on tain processed products should be graduated on the the arithmetic mean of the spot market rates basis of the ash, crude fibre, tegument, protein , fat of each of these currencies recorded for a given and starch content of the individual product con­ period, in relation to the Community currencies cerned, this content being a particularly good indica­ referred to in the previous subparagraph ; tor of the quantity of basic product actually incor­ porated in the processed product ; Whereas the refund must be fixed once a month ; whereas it may be altered in the intervening period ; Whereas there is no need at present to fix an export refund for manioc, other tropical roots and tubers Whereas the measures provided for in this Regula­ or flours obtained therefrom, given the economic tion are in accordance with the Opinion of the Man­ aspect of potential exports and in particular the agement Committee for Cereals, nature and origin of these products ; whereas, for cer­ tain products processed from cereals, the insignifi­ HAS ADOPTED THIS REGULATION : cance of Community participation in world trade makes it unnecessary to fix an export refund at the Article 1 present time ; The export refunds on the products listed in Article Whereas the world market situation or the specific 1 ( d) of Regulation No 120/67/EEC and in Article requirements of certain markets may make it neces­ 1 ( 1 ) (c) of Regulation No 359/67/EEC and subject sary to vary the refund for certain products accord­ to Regulation (EEC ) No 1052/68 are hereby fixed as ing to destination ; shown in the Annex to this Regulation .

Whereas; Regulation (EEC ) No 2806/71 (*) lays Article 2 down additional rules for granting export refunds for certain products processed from cereals and This Regulation shall enter into force on 1 April rice : 1974 .

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

Done at Brussels. 29 March 1974 .

For the Commission P.J. LARDINOIS Member of the Commission

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

30. 3 . 74 Official Journal of the European Communities No L 86/ 13

ANNEX

Number Refund in in nomenclature Nomenclature in simplified wording u.a. / lOO kg 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 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 )

11.01 D ( I ) Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 °/o by 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 i 1.01 D ( II ) Oat flour not included under No 11.01 D ( I ) 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 % by weight 11.01 E ( II ) Maize flour, of a fat content, referred to dry matter, exceeding 1-3 °/o but not exceeding 1-7 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % by weight 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 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 % by weight 11.02 A III ( b ) Barley groats and meal not included under No 11.02 A III ( a ) 11.02 A IV ( a ) Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2-3 % 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)

11.02 A V ( a ) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0-9 % by weight and a crude fibre content, referred to dry matter, not exceeding 0-6 % by weight (*) 11.02 A V ( b ) Maize groats and meal, 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 (*)

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

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 exceeding 1 %> by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o by weight (z ) 1 1.02 B I a ) 1 ( bb ) Hulled ( shelled or husked ) barley not included under No 11.02 B I a ) 1 ( aa ) (*)

11.02 B I a ) 2 ( aa ) Clipped oats 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 °/o 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) 1 1.02 B I a ) 2 bb ) (22 ) Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb ) ( 11 ) (*)

No L 86 / 14 Official Journal of the European Communities 30. 3 . 74

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

11.02 Bib) 1 ( aa ) Hulled and sliced or kibbled 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 (' Griitze' or ' Grutten') (2)

( 1.02 Bib ) 1 ( bb ) Hulled and sliced or kibbled barley, not included under No 11.02 B I b ) 1 ( aa) (' Griitze' or ' Grutten') (2) 1 1.02 B I b ) 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 °/o, of a moisture content not exceeding 11 % and of which the peroxydase is virtually inactivated (' Griitze' or ' Grutten') ( 2) 11.02 Bib) 2 ( bb ) Hulled and sliced or kibbled oats not included under No 11.02 B I b ) 2 ( aa ) (' Griitze' or ' Grutten') ( 2 ) 1 1.02 B II a) ( 1 ) Hulled (shelled or husked ) wheat , not sliced or kibbled (2) 11.02 C III ( a ) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 %> by weight ( without talc) — 1st category (3) 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) 11.02 D II Rye not otherwise worked than kibbled 11.02 E Ib ) 1 ( aa ) Flaked oats, 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 11.02 E Ib ) 1 ( bb ) Flaked barley not included under 11.02 E I b ) 1 ( aa) 11.02 E lb ) 2 ( aa ) Flaked oats, 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 content not exceeding 12 % and of which the peroxydase is virtually inactivated 1 1.02 E lb ) 2 ( bb ) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3% by weight, of a tegument content exceeding 0-1 °/o but not exceeding l;5°/o, of a moisture content not exceeding 12 % and of which the peroxydase is virtually inactivated 11.02 E lb ) 2 ( cc) Flaked oats not included under Nos 11.02 E I b) 2 ( aa ) and 11.02 E I b ) 2 ( bb )

ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by weight and of a crude fibre content, referred to dry matter, not exceeding 07 °/o by weight 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 EII c) ( 3 ) Flaked maize , 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 °/o weight 11.02 E Ile) 1 Flaked rice

11.02 Fill Barley pellets

11.02 F IV Oat pellets 11.02 F V Maize pellets 11.02 G I Wheat germ, whole, rolled, flaked or ground

11.02 G II Germ of cereals other than wheat, whole, rolled , flaked or ground 11.07 Ala ) Unroasted malt, obtained from wheat, in the form of flour

30 . 3 . 74 Official Journal of the European Communities No L 86/ 15

Number Refund in in nomenclature Nomenclature in simplified wording u. a. /100 kg used for refunds (third countrie»;

11.07 Alb ) Unroasted malt, obtained from wheat, other than in the form of flour 11.07 Alia ) Unroasted malt, other than that obtained from wheat, in the form of flour — 11.07 A II b) Unroasted malt, other than that obtained from wheat, other than in the form — of flour

11.07 B Roasted malt — 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 °/o or more by weight — of the pure product, in the form or white crystalline powder, whether or not agglomerated (4 )

" 17.02 B IÏ 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 maize or rice of a starch content not exceeding 35 % by weight 23.02 A I b ) 1 Brans, sharps and other residues derived from the sifting, milling or working of maize or rice, of a starch content exceeding 35 % but not exceeding 45 °/o 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 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 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 °/o 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 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 )

(l) 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 %> of product passes thro ugh 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 . (. 196*. 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. tWI, p. 46). (4) 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 fil­ ling within subheading No 17.02 B II.