31974R1799

No L 188 / 10 Official Journal of the European Communities 12 . 7 . 74

REGULATION ( EEC) No 1799/ 74 OF THE COMMISSION of 11 July 1974 fixing the export levies on cereals

THE COMMISSION OF THE EUROPEAN in the Community an export levy should be intro­ COMMUNITIES , ducted for common wheat and rice pellets ;

Having regard to the Treaty establishing the European Whereas the threshold prices for the 1973/74 Economic Community ; marketing year were fixed by Council Regulation (EEC) No 1964/73(5 ) of 17 July 1973 ; Having regard to Council Regulation No 120/ 67 / EEC (') of 13 June 1967 on the common organiza­ tion of the market in cereals, as last amended by Regu­ Whereas Article 3 of Regulation (EEC) No 1 968/73 lation ( EEC) No 1346/ 73 (2 ); specifies that when the export levy is being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities Having regard to Council Regulation (EEC) No of cereals on the Community market on the one hand 1968 /73 (3) of 19 July 1973 laying down general rules and prices for cereals and cereal products on the word to be applied in the event of the cereals market being market on the other ; whereas the same article disturbed, as amended by Regulation ( EEC) No provides that it is also important to ensure equili­ 2632/ 73 (4) and in particular Article 4 ( 2) thereof ; brium and the natural development of prices and trade on cereal markets and furthermore, to take into account the economic aspect of the proposed exports Having regard to the Opinion of the Monetary and the need to avoid disturbances on the Commu­ Committee ; nity market ;

Whereas Article 19 of Regulation No 120/ 67/ EEC Whereas for the products , other than starches, listed provides that the necessary measure may be taken if in Article 1 (c) and (d) of Regulation No 120 /67 / EEC the cif price of one or more products is appreciably higher than the threshold price and if that situation is the specific factors set out in Article 3 (2) of Regula­ tion (EEC) No 1968 / 73 must also be taken into likely to continue thereby disturbing or threatening to account ; disturb the Community market ;

Whereas Regulation ( EEC) No 1968 /73 specifies that Whereas the export levy may be varied if the world the cif price may be regarded as appreciably higher market situation or the specific requirements of than the threshold price when it exceeds it by at least certain markets make this necessary ; 2 % ; whereas this excess may be regarded as being likely to continue where an imbalance between supply and demand is established and where this imbalance is likely to persist having regard to foreseeable produc­ Whereas, if the levy system is to operate normally, the tion and market price trends ; following should be used to calculate the levies :

— for currencies the exchange rates for which are Whereas the high level of prices in international trade kept at any given moment within a band of could impede importation of common wheat and rice 2-25 % , at a conversion rate based on their actual into the Community or provoke exportation from the parity ; Community ;

— for other currencies a conversion rate based on the Whereas the situation described above can be said to arithmetic mean of the spot market rates for each exist at the present time ; whereas to ensure supplies 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 . (3) OJ No L 201 , 21 . 7. 1973 , p. 10 . (4) OJ No L 272, 29 . 9 . 1973 , p. 18 . (5 ) OJ No L 201 , 21 . 7 . 1973 , p. 3 .

12 . 7 . 74 Official Journal of the European Communities No L 188 / 11

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 Community 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 12 July ment Committee for Cereals, 1974 .

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

Done at Brussels, 11 July 1974. For the Commission P.J. LARDINOIS Member of the Commission

No L 188/ 12 Official Journal of the European Communities 12 . 7. 74

ANNEX

to the Commission Regulation of 11 July 1974 fixing the export levy in the cereal sector

CCT heading . . . . . _ Description u . •./metric loa

ex 10.01 A 30-00 Common wheat and meslin, excluding officially certified seeds (*) ex 10.02 Rye, excluding officially certified seeds (*) ex 10.03 Barley, excluding officially certified seeds (*) ex 10.04 Oats, excluding officially certified seeds (*) 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)

12 . 7 . 74 Official Journal of the European Communities No L 188/ 13

CCT heading No Description u . a . /metric ton

11.02 V. Maize : (cont'd) a) Of a fat content not exceeding 1-5 °A> 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 : ( 11 ) Of an ash content not exceeding 2*3 % by weight (*) (22) Other (2) A. Millet b) Hulled and sliced or kibbled ('Griitze or grutten') : 1 . Barley (*) 2 . Oats : aa) Of an ash content not exceeding 2-3 °/o by weight (') bb) Other (2) 4. Millet (») II . Other cereals : a) Wheat (■) b) Rye (") c) Maize (*) d) Grain sorghum (l)

C. Pearled grains : I. Wheat (») II. Rye (») III. Barley : a ) Of an ash content (without talc) not exceeding 1 % by weight — 1st category (*) b) Other (•) IV. Oats (») V. Maize (») VII. Millet (») VIII. Grain 9orehum (•)

No L 188/ 14 Official Journal of the European Communities 12 . 7 . 74

CCT heading ... . . Descriotion u.a . /metric ron

11.02 D. Grains not otherwise worked than kibbled : (cont'd) 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 b) Rye c) Maize d) Grain sorghum

P. Pellets : I. Wheat II. Rye III. Barley IV. Oats V. Maize VI . Rice 120-00 VIII. Millet IX. Grain sorghum

G. Germ of cereals, whole, rolled, flaked or ground' I. Wheat II. Other

12 . 7 . 74 Official Journal of the European Communities No L 188/ 15

CCT heading K« Description u. a. /metric ton

U 07 Malt, roasted or not :

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

B. Roasted —

2.9.02 Bran, sharp ; 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 % by weight b) Other : 1 . With a starch content exceeding 35 % but not exceeding 45 % by weight, and having undergone a denaturing process 2 . Other — II . Of other cereals : a) Of which the starch oontent 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 more by weight — b) Other

23.f>7 Sweetened forage, other preparations of a kind used in animal feeding : B. Other, containing starch, glucose or glucose syrup falling wtithin subheading Nos 17.02 B and 17.05 B, or milk products, mixed with other products too : 1 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 ·/· —

No L 188/ 16 Official Journal of the European Communities 12 . 7 . 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). (') ' 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.