31974R0957

23 . 4 . 74 Official Journal of the European Communities No L 109 / 21

REGULATION ( EEC) No 957/74 OF THE COMMISSION of 22 April 1974 altering the export levies on cereals

THE COMMISSION OF THE EUROPEAN Whereas Article 3 of Regulation (EEC) No 1968 /73 COMMUNITIES, specifies that when the export levy is being fixed account must be taken of the existing situation and Having regard to the Treaty establishing the European the future trend with regard to prices and availabilities Economic Community ; of cereals on the Community market on the one hand and prices for cereals and cereal products on the Having regard to Council Regulation No 120/ world market on the other ; whereas the same article 67/ EEC (•) of 13 June 1967 on the common organiza­ provides that it is also important to ensure equili­ tion of the market in cereals, as last amended by Regu­ brium and the natural development of prices and lation (EEC) No 1346/73 (2) ; trade on cereal markets and furthermore , to take into account the economic aspect of the proposed exports Having regard to Council Regulation (EEC) No and the need to avoid disturbances on the Commu­ 1 968/73 (3) of 19 July 1973 laying down general rules nity market ; to be applied in the event of the cereals market being disturbed, as amended by Regulation (EEC) No Whereas for the products, other than starches, listed 2632/73 (4) and in particular Article 4 (3) thereof ; in Article 1 (c) and (d) of Regulation No 120/67/ EEC the specific factors set out in Article 3 (2) of Regula­ Whereas Article 19 of Regulation No 120/67/ EEC tion (EEC) No 1968 /73 must also be taken into provides that the necessary measure may be taken if account ; the cif price of one or more products is appreciably higher than the threshold price and if that situation is Whereas the export levy may be varied if the world likely to continue thereby disturbing or threatening to market situation or the specific requirements of disturb the Community market ; certain markets make this necessary ; Whereas Regulation (EEC) No 1968 /73 specifies that the cif price may be regarded as appreciably higher Whereas it follows from applying the rules outlined that the threshold price when it exceeds it by at least above to the present situation on the market in 2 % ; whereas this excess may be regarded as being cereals, and in particular to quotations or prices for likely to continue where an imbalance between supply these products within the Community and on the and demand is established and where this imbalance world market, that the export levies, fixed by Regula­ is likely to persist having regard to foreseeable produc­ tion (EEC) No 91 1 /74 (6), as amended by Regulation tion and market price trends ; (EEC) No 943/74 (7), should be altered as shown in the Annex to this Regulation, Whereas the high level of prices in international trade could impede importation of common wheat into the Community or provoke exportation from the Commu­ nity ; HAS ADOPTED THIS REGULATION : Whereas the situation described above can be said to exist at the present time ; whereas to ensure supplies Article 1 in the Community an export levy should be intro­ duced for these products ; The export levies referred to in the first indent of Whereas, in view of the relationship between the basic Article 2(1 ) of Regulation (EEC) No 1968 /73 are product and the products processed from it and given hereby altered, in respect of the products listed in the the market situation for certain processed products, an Annex to amended Regulation (EEC) No 911 /74, to the amounts shown therein . export levy for these products must also be fixed ; Whereas the threshold prices for the 1973/74 marketing year were fixed by Council Regulation Article 2 (EEC) No 1964/73 (5) of 17 July 1973 ; This Regulation shall enter into force on 23 April (') OJ No 117, 19 . 6 . 1967, p . 2269 / 67. 1974 . (2) OJ No L 141 , 28 . 5 . 1973 , p. 8 . (3) OJ No L 201 , 21 . 7 . 1973 , p. 10 . (4) OJ No L 272, 29 . 9 . 1973 , p. 18 . (6) OJ No L 106, 19 . 4 . 1974, p. 12 . 5) OJ No L 201 , 21 . 7 . 1973 , p. 3 . ( 7) OJ No L 107, 20 . 4 . 1974, p. 40 .

No L 109/22 Official Journal of the European Communities 23 . 4 . 74

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

Done at Brussels, 22 April 1974. For the Commission P.J. LARDINOIS Member of the Commission

23 . 4 . 74 Official Journal of the European Communities No L 109/23

ANNEX

to the Commission Regulation of 22 April 1974 altering the export levy in the cereal sector

CCT heading u . a . /metric ton No Description

ex 10.01 A Common wheat and meslin , excluding officially certified seeds ( 1 ) 15-00 ex 10.02 Rye, excluding officially certified seeds (*) ex 10.03 Barley, excluding officially certified seeds (') ex 10.04 Oats, excluding officially certified seeds ( x ) 10.05 B Maize other than hybrid maize for sowing 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 D. Oat flour E. Maize flour : I. Of a fat content not exceeding 1-5 °/o by weight II . Other 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 °/o by weight b ) Barley groats and meal not included under No 11.02 A III a ) IV . Oats : a) Of an ash content not exceeding 2-3 % by weight b) Oat groats and meal not included under No 11.02 A IV a )

No L 109 /24 Official Journal of the European Communities 23 . 4 . 74

CCT heading No Description u. a. /metric ton ï - 11.02 V. Maize : (cont'd) a) Of a fat content not exceeding 1-5 % by weight : — 1 . For the brewing industry 2 . Other — — b) Other 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 (*) 2 . Oats : — aa) Clipped oats bb ) Other (l) : — (;lil ) Of an ash content not exceeding 2-3 % by weight — (22) Other 4 . Millet — b) Hulled and sliced or kibbled ('Grütze or grutten') : 1 . Barley (*) — 2 . Oats (2) : aa ) Of an ash content not exceeding 2-3 % by weight — bb ) Other — 4. Millet (£) — II . Other cereals : a ) Wheat (·) 12-00 — b) Rye (·) — c) Maize (2) — d ) Grain sorghum (')

C. Pearled grains : 12-00 I. Wheat («) y — II . Rye (·) III. Barley : a) Of an ash content (without talc) not exceeding 1 °/o by weight — 1st category (s) b ) Other (8) — IV. Oats (s) — V. Maize (·) — VII . Millet (8) — — VIII. Grain sorghum (·)

23 . 4 . 74 Official Journal of the European Communities No L 109 /25

CCT heading Descrintion Mo u . a . / metric ton

11.02 D. Grains not otherwise worked than kibbled : (cont'd) 12-00 I. Wheat II. Rye III . Barley IV . Oats V. Maize VII . Millet VIII. Grain sorghum

E. Rolled grains ; flaked grains : I. Barley, oats, buckwheat and millet ; a ) Rolled : 1 . Barley 2 . Oats 4 . Millet b ) Flaked : 1 . Barley 2 . Oats 4 . Millet II . Other cereals : a ) Wheat 12-00 b) Rye c) Maize d ) Grain sorghum

F. Pellets : I. Wheat 12-00 II. Rye III . Barley IV. Oats V. Maize VI . Rice 150-00 VIII . Millet IX . Grain sorghum

G. Germ of cereals, whole, rolled, flaked or ground I. Wheat 3-75 II . Other

No L 109/26 Official Journal of the European Communities 23 . 4. 74

CCT heading No Description u . a . /metric ton

11 07 Malt, roasted or not :

A. Unroasted : I. Obtained from wheat : a ) In the form of flour 3-75 b ) Other 3-75 II . Other : a) In the form of flour b) Other

B. Roasted

13.02 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 2-40 b ) Other : 1 . With a starch content exceeding 35 % but not exceeding 45 % by weight, and having undergone a denaturing process 2-40 2 . Other 2-40 II . Of other cereals : a ) Of which the starch content does not exceed 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 sieved pro­ duct has an ash content, calculated on the dry product, of 1-5 % or 2-40 more by weight b) Other 2-40

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 % but not exceeding 15 % — Exceeding 15 % but not exceeding 30 % — Exceeding 30% but not exceeding 50 % — Exceeding 50 % but not exceeding 65 % — Exceeding 65 %

23 . 4. 74 Official Journal of the European Communities No L 109 /27

(') 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. 2309166) 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). (5) 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.