31974R0793

No L 95 / 12 Official Journal of the European Communities 5 . 4 . 74

REGULATION ( EEC) No 793/ 74 OF THE COMMISSION of 4 April 1974 fixing the export levies on cereals

THE COMMISSION OF THE EUROPEAN Whereas, in view of the relationship between the basic COMMUNITIES , product and the products processed from it and given the market situation for certain processed products, an export levy for these products must also be fixed ; Having regard to the Treaty establishing the European Economic Community ; Whereas the threshold prices for the 1973/74 Having regard to Council Regulation No 120/ marketing year were fixed by Council Regulation 67/ EEC ( ! ) of 13 June 1967 on the common organiza­ (EEC) No 1964/73(5) of 17 July 1973 ; tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 1 346/73 (2) ; Whereas Article 3 of Regulation (EEC) No 1968 /73 specifies that when the export levy is being fixed Having regard to Council Regulation (EEC) No account must be taken of the existing situation and 1968 /73 (3 ) of 19 July 1973 laying down general rules the future trend with regard to prices and availabilities to be applied in the event of the cereals market being of cereals on the Community market on the one hand disturbed, as amended by Regulation (EEC) No and prices for cereals and cereal products on the word 2632/73 (4) and in particular Article 4 (2) thereof ; market on the other ; whereas the same article provides that it is also important to ensure equili­ Having regard to the Opinion of the Monetary brium and the natural development of prices and Committee ; trade on cereal markets and furthermore , to take into account the economic aspect of the proposed exports and the need to avoid disturbances on the Commu­ Whereas Article 19 of Regulation No 120 /67/ EEC nity market ; provides that the necessary measure may be taken if the cif price of one or more products is appreciably higher than the threshold price and if that situation is Whereas for the products, other than starches, listed likely to continue thereby disturbing or 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 Regula­ tion (EEC) No 1968 /73 must also be taken into Whereas Regulation (EEC) No 1968 /73 specifies that account ; the cif price may be regarded as appreciably higher than the threshold price when it exceeds it by at least 2 % ; whereas this excess may be regarded as being Whereas the export levy may be varied if the world likely to continue where an imbalance between supply market situation or the specific requirements of and demand is established and where this imbalance certain markets make this necessary ; is likely to persist having regard to foreseeable produc­ tion and market price trends ; Whereas, if the levy system is to operate normally, the Whereas the high level of prices in international trade following should be used to calculate the levies : could impede importation of common wheat maize , rye , barley, sorghum and wheat groats and meal into — for currencies the exchange rates for which are the Community or provoke exportation from the kept at any given moment within a band of Community ; 2-25 % , at a conversion rate based on their actual parity ; Whereas the situation described above can be said to exist at the present time ; whereas to ensure supplies — for other currencies a conversion rate based on the in the Community an export levy should be intro­ arithmetic mean of the spot market rates for each duced for these products ; of these currencies against the Community curren­ cies referred to in the preceding paragraph over a (') OJ No 117, 19 . 6 . 1967, p . 2269/ 67 . specified period ; (2 ) OJ No L 141 , 28 . 5 . 1973 , p . 8 . (>) OJ No L 201 , 21 . 7. 1 973 , p . 10 . (•») OJ No L 272, 29 . 9 . 1973 , p . 18 . (5) OJ No L 201 , 21 . 7 . 1973 , p . 3 .

5 . 4. 74 Official Journal of the European Communities No L 95 / 13

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 Comftiunity and on the The export levies referred to in the first indent of world market, that the 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 at the amounts shown in the Annex. Article 2 Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Manage­ This Regulation shall enter into force on 5 April ment Committee for Cereals, 1974 .

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

Done at Brussels, 4 April 1974. For the Commission P. I. LARDINOIS Member of the Commission

No L 95/ 14 Official Journal of the European Communities 5 . 4 . 74

ANNEX

to the Commission Regulation of 14 April 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 ( 4 ) 30-00

ex 10.02 Rye, excluding officially certified seeds (*)

ex 10.03 Barley, excluding officially certified seeds (*) 10-00

ex 10.04 Oats, excluding officially certified seeds (') 10-00

10.05 B Maize other than hybrid maize for sowing 20-00

10.07 C Grain sorghum

ex 11.01 A Wheat flour

11.02 A I a) Durum wheat groats and meal

11.02 A lb) Common wheat groats and meal

11.01 Flour of cereals :

C. Barley flour 2-50

D. Oat flour 2-50

E. Maize flour : I. Of a fat content not exceeding 1-5 % by weight 5-00 II . Other 16-00

H. Millet flour

K. Grain sorghum flour

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 III. Barley : a) Of an ash content not exceeding 1 % by weight 2-50 b) Barley groats and meal not included under No 11.02 A III a) 8-00 IV. Oats : a) Of an ash content not exceeding 2-3 °/o by weight 2-50 b) Oat groats and meal not included under No 11.02 A IV a) 8-00

5 . 4 . 74 Official Journal of the European Communities No L 95/ 15

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 5-00 2 . Other 5-00 b) Other 16-00 VIII . Millet IX. Grain sorghum

B. Hulled grains (shelled or husked), whether or not sliced or kibbled : I. Barley, oats, buckwheat and millet : a) hulled (shelled or husked) : 1 . Barley (*) 8-00 2 . Oats : aa) Clipped oats 8-00 bb ) Other (2) : (lil ) Of an ash content not exceeding 2-3 % by weight 2-50 ( 22) Other 8-00 4 . Millet b ) Hulled and sliced or kibbled ('Griitze or grutten') : 1 . Barley (2) 8-00 2. Oats H : aa ) Of an ash content not exceeding 2-3 % by weight 2-50 bb) Other 8-00 4. Millet (2) II . Other cereals : a) Wheat (2) 24-00 b) Rye (2) c) Maize (2) 16-00 d) Grain sorghum (s>

C. Pearled grains : I. Wheat (3) 24-00 II . Rye (') III. Barley : a) Of an ash content (without talc) not exceeding 1 °/o by weight 1st category (3) 2-50 b) Other (s) 8-00 IV. Oats (3) 8-00 V. Maiize (*) 16-00 VII. Millet (8) VIII. Grain sorghum (•)

No L 95/ 16 Official Journal of the European Communities 5 . 4 . 74

CCT heading No Descriotion u . a . /metric ton

11.02 D. Grains not otherwise worked than kibbled : (cont'dJ I. Wheat 24-00

II. Rye III . Barley 8-00 IV . Oats 8-00 V. Maize 16-00 VII . Millet VIII . Grain sorghum

E. Rolled grains ; flaked grains : I. Barley, oats, buckwheat and millet : a ) Rolled : 1 . Barley 8-00 2 . Oats 8-00 4 . Millet b ) Flaked : 1 . Barley 2-50 2 . Oats 2-50 4 . Millet II . Other cereals : a ) Wheat 24-00 b ) Rye c) Maize 16-00 d ) Grain sorghum

F. Pellets : I. Wheat 24-00 II. Rye III . Barley 8-00 IV. Oats 8-00 V. Maize 16-00 VI . Rice 204-00 VIII . Millet IX. Grain sorghum

G. Germ of cereals, whole, rolled, flaked or ground I. Wheat 7-50 II . Other 5-00

5 . 4 . 74 Official journal of the European Communities No L 95/ 17

CCT heading No Description u . a . /metric ton

1107 Malt, roasted or not ;

A. Unroasted :

I. Obtained from wheat : a) In the form of flour 7-50 b) Other 7-50

II . Other : a) In the form of flour 2-50 b) Other 2-50

B. Roasted 2-50

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 : a) "With a starch content not exceeding 35 °/o by weight 9-60 b) Other : 1 . With a starch content exceeding 35 %> but not exceeding 45 %> by 9-60 weight, and having undergone a denaturing process 2 . Other 9-60 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 % by weight or of which the sieved pro­ duct has an ash content, calculated on the dry product, of 1-5 % or 9-60 more by weight b) Other 9-60

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

B. Other, containing starch, glucose or glucose syrup falling within subheading Nos 17.02 B and 17.05 B, or milk products, mixed with other products too : ex I. Preparations of a kind used in animal feeding, covered by Regulation (EEC) No 968/68 , of a milk powder content of less than 50 % by weight and of cereal products (4) content by weight : — Exceeding 5 °/o but not exceeding 15 %> 2-00 — Exceeding 15 % but not exceeding 30 °/o 5-00 — Exceeding 30% but not exceeding 50 °/o 900 — Exceeding 50 % but not exceeding 65 % 12-00 — Exceeding 65 °/o 14-00

No L 95/ 18 Official Journal of the European Communities 5 . 4 . 74

(') 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). (4) ' Cereals products ' means the products falling within Chapter 10 and heading Nos 11.01 and 11.02 (excluding subheading No 11.02 G ) of the Common Customs Tariff.