31974R2026

No L 210 / 32 Official Journal of rfhe European Communities 1 . 8 . 74

REGULATION ( EEC ) No 2026 / 74 OF THE COMMISSION

of 30 July 1974

fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN cereals and rice and , furthermore , to take into account COMMUNITIES , the economic aspect of the proposed exports, and the need to avoid disturbances on the Community Having regard to the Treaty establishing the European market ; Economic Community ;

Having regard to Council Regulation No 120 / Whereas Article 6 of Council Regulation (EEC) No 67/ EEC (') of 13 June 1967 on the common organiza­ 1052/ 68 ( 10) of 23 July 1968 on the import and export tion of the market in cereals, as last amended by Regu­ system for products processed from cereals and from lation ( EEC) No 1 996 / 74 (-), and in particular the first rice, as last amended by Regulation (EEC) No sentence of the fourth subparagraph of Article 16 (2) 881 / 73 ("), defines the specific criteria to be taken thereof ; into account when the refund on these products is Having regard to Council Regulation No 359/ being calculated ; 67/ EEC (3 ) of 25 July 1967 on the common organiza­ tion of the market in rice , as last amended by the Whereas , on the basis of the criteria laid down in Act (4) annexed to the Treaty (5) on the Accession of Regulation ( EEC) No 1052/ 68 , particular account new Member States to the European Economic should be taken of the prices and quantities of basic Community and the European Atomic Energy products used to calculate the variable component of Community , signed at Brussels on 22 January 1972 , the levy ; whereas, therefore, as is laid down for the and in particular the first sentence of the fourth sub­ determination of the variable component , account paragraph of Article 1 7 (2) thereof ; should be taken of the average of the levies on the Having regard to the Opinion of the Monetary basic products concerned during a representative Committee ; period , namely the first 25 days of the month preceding the month of exportation ; whereas this Whereas Article 16 of Regulation No 120 / 67/ EEC average should be adjusted for the threshold price for and Article 17 of Regulation No 359 / 67/ EEC provide these basic products which will be in force during the that the difference between quotations or prices on month of exportation ; whereas Article 8 of Regula­ the world market for the products listed in Article 1 tion (EEC) No 1052/68 and Article 1 of Regulation of those Regulations and prices for those products ( EEC) No 1 077/68 ( l2 ), amended by Regulation (EEC) within the Community may be covered by an export No 2764/ 71 ( l3 ), provide that the amount of the refund ; export refund should, for certain products, be reduced Whereas Article 2 of Council Regulation No 139/ by an amount equal to the production refund granted 67/ EEC (6) of 21 June 1967, as amended by Regula­ in respect of the basic product ; tion ( EEC) No 1 997/ 74 ( 7 ), and Article 2 of Council Regulation No 366/ 67/ EEC ( s) of 25 July 1967 laying Whereas it follows from applying these rules and down general rules for granting export refunds on criteria to the present situation on the market in cereals and rice respectively and criteria for fixing the products processed from cereals and rice that the amount of such refunds, as amended by Regulation export refund should be fixed at an amount which No 101 9 / 67 / EEC (9 ), provide that when refunds are will cover the difference between Community prices being fixed account must be taken of the existing situ­ and world market prices ; ation and the future trend with regard to prices and availabilities of cereals , rice and broken rice on the Community market on the one hand and prices for Whereas when the refund is being calculated account cereals, rice and broken rice on the world market on should be taken of the quantities of raw materials the other ; whereas the same Articles provide that it is used to determine the variable component of the also important to ensure equilibrium and the natural levy ; whereas the quantities of raw materials used for development of prices and trade on the markets in certain processed products may vary according to the end use of the product ; whereas, depending on the (') OJ No 117, 19 . 6 . 1967, p. 2269 / 67 . manufacturing process used , products other than the (-') OJ No L 209 , 31 . 7. 1974, p. 1 . main product are obtained , the quantity and value of (-<) O'j No 174, 31 . 7. 1967, p. 1 . which may vary with the nature and quality of the (4 ) Oj No L 73 , 27. 3 . 1972, p. 14. (s ) OJ No L 73 , 27 . 3 . 1972, p. 5 . (<•) OJ No 125, 26 . 6 . 1967, p . 2453 / 67 . ( I0 ) OJ No L 179 , 25 . 7 . 1968 , p. 8 . (7) OJ No L 209 , 31 . 7 . 1974, p. 3 . (") OJ No L 86, 31 . 3 . 1973 , p. 30 . (s) OJ No 174, 31 . 7 . 1967, p. 34 . (>-) OJ NoL 181 , 27 . 7 . 1968 , p. 1 . n OJ No 311 , 21 . 12 . 1967, p. 13 . ( I3 ) OJ No L 283 , 24 . 12 . 1971 , p. 30 .

1 . 8 . 74 Official Journal of the European Communities No L 2 1 0 / 33

main products being manufactured ; whereas cumula­ Whereas, if the refund system is to operate normally, tion of the refunds on the various products manufac­ refunds should be calculated on the following basis : tured by a single process from the same basic product — in the case of currencies which are maintained in may make it possible , in certain cases , to export to relation to each other, at any given moment, third countries at prices which are lower than world within a band of 2-25 % , a rate of exchange based market prices ; whereas the refund on certain products on their effective parity ; should therefore be limited to an amount which , — for other currencies an exchange rate based on the while allowing access to the world market, will ensure arithmetic mean of the spot market rates of each that the aims of the common organization of the markets are respected ; of these currencies recorded for a given period, in relation to the Community currencies referred to Whereas the refund to be granted in respect of certain in the previous subparagraph ; processed products should be graduated on the basis Whereas the refund must be fixed once a month ; of the ash , crude fibre, tegument, protein , fat and starch content of the individual product concerned , whereas it may be altered in the intervening period ; this content being a particularly good indicator of the Whereas the measures provided for in this Regulation quantity of basic product actually incorporated in the are in accordance with the Opinion of the Manage­ processed product ; ment Committee for Cereals , Whereas there is no need at present to fix an export refund for manioc , other tropical roots and tubers or flours obtained therefrom , given the economic aspect HAS ADOPTED THIS REGULATION : of potential exports and in particular the nature and origin of these products ; whereas, for certain products Article 1 processed from cereals , the insignificance of Commu­ nity participation in world trade makes it unnecessary The export refunds on the products listed in Article 1 to fix .an export refund at the present time ; (d) of Regulation No 120 / 67/ EEC and in Article 1 ( 1 ) (c) of Regulation No 359/67/ EEC and subject to Regu­ Whereas the world market situation or the specific lation ( EEC) No 1052/ 68 are hereby fixed as shown in requirements of certain markets may make it neces­ the Annex to this Regulation . sary to vary the refund for certain products according to destination ; Article 2 Whereas Regulation ( EEC) No 2806 / 71 (') lays down additional rules for granting export refunds for certain This Regulation shall enter into force on 1 August products processed from cereals and rice ; 1 974 .

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

Done at Brussels , 30 July 1974 .

iOr the Commission

P. J. LARDINOIS

Member ot the Commission

(') OJ No I. 2X4 , 2S . 12 . I ^ T I , p. L> .

No L 210 / 34 Official Journal of the European Communities 1 . 8 . 74

ANNEX

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

11.01 C ( I ) Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by 0 weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % weight

11.01 C ( II ) Barley flour not included under No 11.01 C (I) 0

11.01 D ( I ) Oat flour, of an ash content, referred to dry matter, not exceeding 2·3 % by 0 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

fl.01 D ( 11 ) Oat flour not included under No 11.01 D (I ) 0

11.01 E (1 ) 0 Maize flour, 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

11.01 E ( 11 ) Maize flour, of a fat content, referred to dry matter, exceeding 1*3 °/o but not 0 exceeding 1-7% by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % 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 0-246

11.02 A III ( a ) Barley groats and meal, of an ash content, referred to dry matter, not exceeding 0 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight

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

11.02 AIV ( 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 %, of a moisture con­ tent not exceeding 11 °/o and of which the Peroxydase is virtually inactivated

11.02 A IV (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 % by weight and a crude fibre content, referred to dry matter, not exceeding 0-6 °/o 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 ( x )

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

1 1.02 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 —

1 1.01 B I a ) 2 bb ) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not 0 exceeding 2-3 % by weight, of a tegument content not exceeding 0·5 %, of a moisture content not exceeding 11% and of which the Peroxydase is virtually inactivated (*)

11.02 B 1 a ) 2 bb) (22) Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (*) 0

1 . 8 . 74 Official Journal of the European Communities No L 210/ 35

Number Refund in in nomenclature Nomenclature in simplified wording u.a ./100 kg used for refunds (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' ór ' Grutten') (2)

Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not 0 1 1.02 B I b ) 2 ( aa ) exceeding 2-3 °/o weight, of a tegument content not exceeding 0-1 %, of a moisture content not exceeding 11 % and of which the Peroxydase is virtually inactivated (' Grütze' or ' Grutten') (2)

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

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

1 1.02 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)

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

11.02 C IV Pearled oats (s) 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 % by weight

Flaked barley not included under 11.02 E I b ) 1 ( aa ) 0 1 1.02 E I b ) 1 (bb )

11.02 E I b ) 2 ( aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 2*3% by 0 weight, of a tegument content not exceeding 0·1°/ο, 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 °/o by 0 weight, of a tegument content exceeding 0·1 % but not exceeding l;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 % by weight

Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 °/o by 0 ex 11.02 E H c) ( 2) 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 % but not 0 ex 11.02 E 11 c) (3 ) exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % weight

11.02 E II e) 1 Flaked rice —

1 1.02 F III Barley pellets 0

11.02 F IV Oat pellets —

11.02 F V Maize pellets —

11.02 G I Wheat germ , whole, rolled , flaked or ground 0

11.02 G II Germ of cereals other than wheat, whole, rolled , flaked or ground 0

1 1.07 Ala ) Unroasted malt, obtained from wheat, in the form of flour 0

No L 210 / 36 Official Journal of the European Communities 1 . 8 . 74

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

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

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

11.07 A 11 b) Unroasted malt, other than that obtained from wheat, other than in the form 0 of flour

1 1.07 B Roasted malt 0

11.08 AI Maize starch —

11.08 AHI 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 {*)

~ 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 {*)

— 17.05 B I Flavoured or coloured glucose, in the form of white crystalline powder, whether or not agglomerated

— 17.05 B 11 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 0 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 or 0 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 0 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

Brans, sharps and other residues derived from the sifting, milling or working 0 23.02 A II a ) 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

Brans , sharps and other residues derived from the sifting, milling or working of 0 23.02 A II b ) 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 °/o 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 . (. I9tt, 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). (*) 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 .