31974R1654

No L 175/ 24 Official Journal of the European Communities 29 . 6 . 74

REGULATION ( EEC) No 1654/74 OF THE COMMISSION

' of 28 June 1974 fixing the export refunds "on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN the economic aspect of the proposed exports, and the COMMUNITIES, need to avoid disturbances on the Community market ; Having regard to the Treaty establishing the European Economic Community ; Whereas Article 6 of Council Regulation (EEC) No Having regard to Council Regulation No 120/ 1052/68 (9) of 23 July 1968 on the import and export 67/ EEC (') of 13 June 1967 on the common organiza­ system for products processed from cereals and from tion of the market in cereals, as last amended by Regu­ rice, as last amended by Regulation (EEC) No lation ( EEC) No 1 346/73 (2), and in particular the first 881 /73 ( l0), defines the specific criteria to.be taken sentence of the fourth subparagraph of Article 16 (2) into account when the refund on these products is thereof ; being calculated ;

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 Eponomic 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 Having regard to the Opinion of the Monetary preceding the month of exportation ; whereas this Committee ; average should be adjusted, for the threshold price for 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 ("), 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 which may vary with the - nature and quality of the (') OJ No 117, 19 . 6 . 1967 , p . 2269/67. main products being manufactured ; whereas cumula­ (2) OJ No L 141 , 28 . 5. 1973 , p. 8 . (J) OJ No 174, 31 . 7 . 1967, p. 1 . tion of the refunds on the various products manufac­ (<) OJ No L 73, 27. 3 . 1972, p. 14. (5) OJ No L 73, 27. 3 . 1972, p. 5 . (9) OJ No L 179 , 25 . 7. 1968 , p. 8 . (*>) OJ No 125, 26 . 6. 1967, p. 2453/67. 0°) 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 . (8) OJ No 311 , 21 . 12. 1967, p . 13 . ( 12) OJ No L 283, 24i 12. 1971 , p. 30.

29 . 6 . 74 Official Journal of the European Communities No L 175/ 25

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

Whereas Regulation (EEC) No 2806/71 (') 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 July 1974.

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

Done at Brussels, 28 June 1974.

For the Commission

P.J. LARDINOIS

Member of the. Commission

(') OJ No L 2K4, 28 . 12 . 1971 , p. 9 .

No L 175 / 26 Official Journal of the European Communities 29 . 6 . 74

ANNEX

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

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 ( 11 ) Barley flour hot included under No 11.01 C ( I ) 0

1 1 . 01 D ( I ) Oat flour, of an ' ash content, referred to dry matter,- not exceeding 2*3 °/o by 0-090 . 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

¡1.01 D ( 11 ) Oat flour not included under No 11.01 D (I ) 0-051

11.01 E ( I ) 0-259 Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 % b,y weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by weight

11.01 E ( 11 ) 0-222 Maize flour, of a fat content, referred to dry matter, exceeding 1·3 °/o but not exceeding 1-7% by weight and of a crude fibre content, referred to dry matter, not exceeding 1 °/o by weight

11.01 E ( III ) Maize flour not included under No 11.01 E (I ) and (II ) 0-161 11.01 F Rice flour 1 —

11.01 H Millet flour 0-888

1 1.02 A 111 ( a ) 0 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 °/o by weight

11.02 A III ( 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 0-090 2-3 n/o 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

1 1.02 A IV ( b) - Oat groats and meal not included under No 11;02 A IV ( a) 0-051

1 1 . 02 A V ( a ) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0-333 0-9 % by weight and a crude fibre content, referred to dry matter, not exceeding 0-6 % by weight (')

1 1 .02 A V ( b ) Maize groats and meal , of a fat content, referred to dry matter, not exceeding 0-259 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 0-222 1-3 °/o by weight but not exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1-0% weight ( 1 )

— 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 % by weight (2)

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

— 11.02 B I a) 2 ( aa ) Clipped oats

1 1.02 B 1 a ) 2 bb ) ( 11 ) Hulled (shelled or husked ) oats, of an ash content, referred to dry matter, not 0-080 exceeding 2-3 °/o by weight, of a tegument content not exceeding 0-5 °/o, of a moisture content not exceeding 1 1 °/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 ) (·) 0-051

29 . 6. 74 Official Journal of the European Communities No L 175 /27

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

11.02 Bib) 1 ( aa ) Hulled and sliced or kibbled bailey, of an ash content, referred ta dry matter, not exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o by weight (' Griitze' or ' Grutten') ( 2)

11.02 Bib) 1 ( bb) Hulled and sliced or kibbled barley, not included under No 11.02 B I b ) 1 ( aa ) 0 (' Griitze' or ' Grutten') (2)

Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not 0-085 11.02 Bib ) 2 ( aa ) 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 (' 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 ) 0-051 . (' Griitze' or ' Grutten') (2)

11.02 B II a ) ( 1 ) Hulled (shelled or husked ) wheat, not sliced or kibbled (*) 0 ,

11.02 CIII ( a ) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by 0 weight (without talc) — 1st category (3)

Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by 0 11.02 CIII ( b ) weight ( without talc) — 2nd category (3)

11.02 CIV Pearled oats '(3) 0-051

11.02 D II Rye not otherwise worked than kibbled 0

1 1.02 E lb ) 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 %> by weight C> 1 1.02 E lb ) 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% by 0-100 weight, of a tegument content not exceeding 0-1 %>, of a moisture content not exceeding 12 °/o 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 % by 0-080 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 ) 0-051

ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 °/o by 0-296 weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 °/o by .weight

0-241 ex 11.02 E lie) ( 2 ) Flaked maize, 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

Flaked maize, of a fat content, referred to dry matter, exceeding 1-3 °/o but not 0-204 ex 11.02 E II c) (3 ) exceeding 1-7 °/o 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 Fill Barley pellets

11.02 F IV Oat pellets

11.02 F V Maize pellets

I.1.02 G I Wheat germ , whole, rolled , flaked or ground 0

II.02 G II Germ of cereals other than wheat, whole, rolled, flaked or ground 0046

11.07 A It ) Unroasted malt, obtained from wheat, in the form of flour 0

No L 175/28 Official Journal of the European Communities 29 . 6 . 74

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

11.07 A I b) Unroasted malt, obtained from wheat, other than in the form of flour 0

11.07 Alia ) Unroasted malt, other than that obtained from wheat, in the form of flour 0

11.07 A II b ) Unroasted malt, other than that obtained from wheat, other than in the form , 0 of flour

11.07 B Roasted malt 0

11.08 A I Maize starch —

11.08 A III 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 °/o or more by weight of the pure product, in the form of white crystalline powder, whether or not agglomerated (*)

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

0-015 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

Brans, sharps and other residues derived from the sifting, milling or working of 0-015 23.02 A I b ) 1 . maize or rice, of a starch content exceeding 35 °/o but not exceeding 45 % by v.' weight, and having undergone a denaturing process 0-015 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

0-015 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 °/o by weight

0-015 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 °/o 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 through 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. (. I96t, 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. 1MI, p. 46). (4) Pursuant to Regulation No 189/66/EEC the product falling within subheading 17.02 B I enjoys the same export refund as the product falling within subheading 17.02 B II .