31974R1043

No L 119/24 Official Journal of the European Communities 1 . 5 . 74

REGULATION (EEC) No 1043 / 74 OF THE COMMISSION of 30 April 1974 fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN need to avoid disturbances on the Community COMMUNITIES, market ; Having regard to the Treaty establishing the European Economic Community ; Whereas Article 6 of Council Regulation (EEC) No 1052/68 (9) of 23 July 1968 on the import and export Having regard to Council Regulation No 120/ system for products processed from cereals and from 67/EEC ( 1 ) of 13 June 1967 on the common organiza­ rice, as last amended by Regulation (EEC) No tion of the market in cereals, as last amended by Regu­ 881 /73 ( 10), defines "the specific criteria to be taken lation (EEC) No 1346/73 (2), and in particular the first into account when the refund on these products is sentence of the fourth subparagraph of Article 16 (2) being calculated ; thereof ; Having regard to Council Regulation No 359/ Whereas, on the basis of the criteria laid down in 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 of products used to calculate the variable component of new Member States to the European Economic the levy ; whereas , therefore, as is laid down for the Community and the European Atomic Energy determination of the variable component, account Community, signed at Brussels on 22 January 1972, should be taken of the average of the levies on the and in particular the first sentence of the fourth sub­ basic products concerned during a representative paragraph of Article 1 7 (2) thereof ; period, namely the first 25 days of the month preceding the month of exportation ; whereas this Having regard to the Opinion of the Monetary average should be adjusted for the threshold price for Committee ; these basic products which will be in force during the Whereas Article 16 of Regulation No 120/67/EEC month of exportation ; whereas Article 8 of Regula­ and Article 17 of Regulation No 359/ 67/ EEC provide tion (EEC) No 1052/68 and Article 1 of Regulation that the difference between quotations or prices on (EEC) No 1077/ 68 ( n ), amended by Regulation (EEC) the world market for the products listed in Article 1 No 2764/71 ( 12), provide that the amount of the of those Regulations and prices for those products export refund should, for certain products, be reduced within the Community may be covered by an export by an amount equal to the production refund granted refund ; in respect of the basic product ; Whereas Article 2 of Council Regulation No 139/ 67/EEC (6) of 21 June 1967 and Article 2 of Council Whereas it follows from applying these rules and Regulation No 366/ 67/EEC (7) of 25 July 1967 laying criteria to the present situation on the market in down general rules for granting export refunds on products processed from cereals and rice that the cereals and rice respectively and criteria for fixing the export refund should be fixed at an amount which amount of such refunds, as amended by Regulation will cover the difference between Community prices No 1019/67/EEC (8), provide that when refunds are and world market prices ; being fixed account must be taken of the existing situ­ ation and the future trend with regard to prices and Whereas when the refund is being calculated account availabilities of cereals, rice and broken rice on the should be taken of the quantities of raw materials Community market on the one hand and prices for used to determine the variable component of the cereals, rice and broken rice on the world market on levy ; whereas the quantities of raw materials used for the other ; whereas the same Articles provide that it is certain processed products may vary according to the also important to ensure equilibrium and the natural end use of the product ; whereas, depending on the development of prices and trade on the markets in manufacturing process used, products other than the cereals and rice and, furthermore, to take into account main product are obtained, the quantity and value of the economic aspect of the proposed exports, and the which may vary with the nature and quality of the main products being manufactured ; whereas cumula­ (>) OJ No 117, 19 . 6 . 1967, p . 2269/67. tion of the refunds on the various products manufac­ (2) OJ No L 141 , 28 . 5 . 1973 , p. 8 . P) OJ No 174, 31 . 7. 1967, p. 1 . tured by a single process from the same basic product (<) OJ No L 73, 27. 3 . 1972, p. 14. (s OJ No L 73 , 27. 3 . 1972, p. 5 . o OJ No L 179, 25 . 7. 1968 , p. 8 . (6) OJ No 125, 26 . 6. 1967, p. 2453/67. ( 10) OJ No L 86, 31 . 3 . 1973, p. 30 . (7) OJ No 174, 31 . 7. 1967, p . 34. (») OJ No L 181 , 27. 7. 1968 , p. 1 . («) OJ No 311 , 21 . 12. 1967, p . 13 . ( ,2) OJ No L 283 , 24. 12. 1971 , p. 30 .

1 . 5 . 74 Official Journal of the European Communities No L 119 / 25

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

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

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

Done at Brussels, 30 April 1974.

For the Commission

P.J. LARDINOIS Member of the Commission

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

No L 119/26 Official Journal of the European Communities 1 . 5 . 74

ANNEX

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

11.01 C ( I ) Barley flour, of an ash content, referred to dry matter, not exceeding 0·9 ®/o by 0 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) 0

11.01 D ( I ) 0 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

11.01 D ( II ) Oat flour not included under No 11.01 D (I) 0

11.01 E (1) Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 ®/o by 0 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 % but not 0 exceeding 1·7°/ο by weight and of a crude fibre content, referred to dry matter, not exceeding 1 e/o by weight

11.01 E ( III) Maize flour not included under No 11.01 E (I) and (II) 0

11.01 F Rice flour —

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

11.02 AIII (b ) Barley groats and meal not included under No 11.02 A III (a) 0

11.02 A IV ( a) Oat groats and meal, of an ash content, referred to dry matter, not exceeding 0 2-3 % by weight, of a tegument content not exceeding 0-1 °/o, of a moisture con­ tent not exceeding 11 °/o and of which the Peroxydase is virtually inactivated

11.02 AIV ( b ) Oat groats and meal not included under No 11.02 A IV (a) 0

11.02 A V ( a ) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0 0-9 °/o 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 0 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 0 1-3 Ve by weight but not exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1-0 % weight (*)

— 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 0 exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o by weight (*)

11.02 B I a ) 1 ( bb ) Hulled (shelled or husked ) barley not included under No 11.02 B I a) 1 (aa ) (■) 0

11.02 B I a) 2 ( aa ) Clipped oats 0 1 1.02 B I a) 2 bb ) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not 0 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 (*) 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 ) (*) 0

1 . 5 . 74 Official Journal of the European Communities No L 119/27

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

11.02 B I b) 1 (aa) Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 0 exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0·9 % 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) 0 (' Grütze' 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 0 exceeding 2-3 % 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)

11.02 B I b) 2 (bb) Hulled and sliced or kibbled oats not included under No 11.02 B I b ) 2 (aa) 0 (' Grütze' or ' Grutten') (2)

Hulled (shelled or husked) wheat, not sliced or kibbled (*) — 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 0 weight (without talc) — 1st category (3) 11.02 C III (b) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 e/o by 0 weight (without talc) — 2nd category (s)

11.02 C IV Pearled oats (8) 0 11.02 D II Rye not otherwise worked than kibbled 0

11.02 E I b ) 1 ( aa ) Flaked oats, of an ash content, referred to dry matter, not exceeding 1 %> by 0 weight and of a crude fibre content, referred to dry matter, not exceeding 0·9 °/o by weight 1 1.02 E I b) 1 (bb ) Flaked barley not included under 11.02 E I b) 1 (aa) 0 11.02 E I b ) 2 ( aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 °/o by 0 weight, of a tegument content not exceeding 0Ί °/o, of a moisture content not exceeding 12 % and of which the Peroxydase is virtually inactivated

11.02 E I b) 2 ( bb ) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 °/o by 0 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 ) 0

ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 °/o by 0 weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 °/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 0 weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 °/o by weight

ex 11.02 E II c) (3 ) Flaked maize, of a fat content, referred to dry matter, exceeding 1·3 % but not 0 exceeding 1·7°/ο by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % weight

11.02 E II e) 1 Flaked rice —

11.02 F III Barley pellets 0 11.02 F IV Oat pellets 0

11.02 F V Maize pellets 0

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 0 11.07 A I a) Unroasted malt, obtained from wheat, in the form of flour __

No L 119/28 Official Journal of the European Communities 1 . 5 . 74

Number Refund in in nomenclature Nomenclature in simplified wording u.a./100 kf used for refunds (third countriea)

11.07 A Î b) Unroasted malt, obtained from wheat, other than in the form of flour

11.07 A II a) 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 AI Maize starch — .

11.08 AIII Wheat starch —

11.08 AIV 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 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 % 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% 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 )

(') The export refund is paid in respect of maize , groats and meal : — of which a percentage not exceeding 30 %> 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. 4. IMS, 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. 1961, 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 foi­ ling within subheading No 17.02 B II .