31974R2249

31 . 8 . 74 Official Journal of the European Communities No L 239/ 11

REGULATION ( EEC) No 2249/74 OF THE COMMISSION of 29 August 1974 fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN Whereas Article 6 of Council Regulation (EEC) No COMMUNITIES, 1052/68 (9) of 23 July 1968 on the import and export system for products processed from cereals and from Having regard to the Treaty establishing the European rice, as last amended by Regulation (EEC) No Economic Community ; - 881 /73 (10), defines the specific crit.eria to be taken Having regard to Council Regulation No 120/ into account when the refund on these products is 67/EEC (1) of 13 June 1967 on the common organiza­ being calculated ; tion of the market in cereals, as last amended by Regu­ lation (EEC) No 1996/74 (2), and in particular the first sentence of the fourth subparagraph of Article 16 (2) Whereas, on the basis of the criteria laid down in thereof ; Regulation (EEC) No 1052/68 , particular account Having regard to Council Regulation No 359/ should be taken of the prices and quantities of basic 67/EEC (3) of 25 July 1967 on the common organiza­ products used to calculate the variable component of tion of the market in rice, as last amended by Regula­ the levy ; whereas, therefore, as is laid down for the tion (EEC) No 11 29/74 (4), and in particular the first determination of the variable component, account sentence of the fourth subparagraph of Article 17 (2) should be taken of the average of the levies on the thereof ; basic products concerned during a representative 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 Whereas Article 16 of Regulation No 120/67/ EEC these basic products which will be in force during the and Article 17 of Regulation No 359/67/EEC provide month of exportation ; whereas Article 8 of Regula­ that the difference between quotations or prices on tion (EEC) No 1052/68 and Article 1 of Regulation the world market for the products listed in Article 1 (EEC) No 1077/68 ( n ), amended by Regulation (EEC) of those Regulations and prices for those products No 2764/71 ( u), provide that the amount of the within the Community may be covered by an export export refund should, for certain products, be reduced refund ; by an amount equal to the production refund granted in respect of the basic product ; Whereas Article 2 of Council Regulation No 139/ 67/EEC (5) of 21 June 1967, as amended by Regula­ tion (EEC) No 1997/74 (6), and Article 2 of Council Regulation No 366/67/EEC (7) 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 1019/67/ EEC (8), 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 cereals and rice and, furthermore, to take into account end use of the product ; whereas, depending on the the economic aspect of the proposed exports, and the manufacturing process used, products other than the need to avoid disturbances on the Community main product are obtained, the quantity and value of market ; 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 209, 31 . 7. 1974, p. 1 . tured by a single process from the same basic product (>) OJ No 174, 31 . 7 . 1967, p. 1 . (<) OJ No L 128 , 10 . 5 . 1974, p. 20 . (s) OJ No 125, 26. 6. 1967, p. 2453/67 . (9) OJ No L 179, 25 . 7. 1968 , p. 8 . (') OJ No L 209, 31 . 7. 1974, p. 3 . ( 10) OJ No L 86, 31 . 3 . 1973, p. 30 . (?) 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. 0 2 ) OJ No L 283 , 24. 12. 1971 , p. 30 .

No L 239/ 12 Official Journal of the European Communities 31 . 8 . 74

may make it possible, in certain cases, to export to — in the case of currencies which are maintained in third countries at prices which are lower than world relation to each other, at any given moment, market prices ; whereas the refund on certain products within a band of 2-25 % , a rate of exchange based should therefore be limited to an amount which , on their effective parity ; while allowing access to the world market, will ensure — for other currencies an exchange rate based on the that the aims of the common organization of the arithmetic mean of the spot market rates of each 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 of the ash, crude fibre, tegument, protein, fat and Whereas the refund must be fixed once a month ; 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 quantity of basic product actually incorporated in the Whereas the measures provided for in this Regulation processed product ; 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 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 additional rules for granting export refunds for certain Article 2 products processed from cereals and rice ;

Whereas, if the refund system is to operate normally, This Regulation shall enter into force on 1 September refunds should be calculated on the following basis : 1974 .

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

Done at Brussels, 29 August 1974.

For the Commission

P.J. LARDINOIS

Member of the Commission

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

31 . 8 . 74 Official Journal of the European Communities No L 239/ 13

ANNEX

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

— 1 1.01 C ( I ) Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o weight

— 11.01 C ( 11 ) Barley flour not included under No 11.01 C (I )

11.01 D ( I ) 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 )

— 1 1.01 E (I) 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 (II ) Maize flour, of a fat content, referred to dry matter, exceeding 1-3 % but not 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 ) —

11.01 F Rice flour —

11.01 H Millet flour — 11.02 A1II ( a) 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 % by weight

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

11.02 A IV (a ) Oat groats and meal, of an ash content, referred to dry matter, not exceeding — 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 ) —

11.02 A V ( a) Maize groats and meal, of a fat content, referred to dry matter, not exceeding — 0-9 % 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 — 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 — 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 (')

— 11.02 A VI Rice groats and meal Hulled ( shelled or husked ) barley, of an ash content, referred to dry matter, not — 11.02 B I a ) 1 ( aa ) 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 ) (*) —

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 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 (*) 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 ) (") —

No L 239/14 Official Journal of the European Communities 31 . 8 . 74

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

1 1.02 B I b) 1 ( aa ) Hulled and sliced or kibbled barley, of an ash content, referred to 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 (' 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 ) (' Grütze' or ' Grutten') (2)

Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not " 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 °/o 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 (»a) — 11.02 B I b ) 2 (bb ) (' Grütze' or ' Grutten') (2)

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

1 1.02 C III ( a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by weight (without talc) — 1st category (8)

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

11.02 C IV Pearled oats (3) —

11.02 D II Rye not otherwise worked than kibbled —

11.02 E I b) 1 (aa ) Flaked oats, of an ash content, referred to 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 1 1.02 E I b ) 1 (bb ) Flaked barley not included under 11.02 E I b) 1 ( aa) — 11.02 E I b) 2 ( aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 °/o by — 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 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 ) —

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

ex 11.02 E II c) (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

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

11.02 E II e) 1 Flaked rice —

11.02 F III Barley pellets —

11.02 F IV Oat pellets

11.02 F V Maize pellets -

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 —

11.07 A I a) Unroasted malt, obtained from wheat, in the förm of flour '

31 . 8 . 74 Official Journal of the European Communities No L 239/15

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

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

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

11.07 All 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®/o 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 (4)

17.02 B 11 b ) Glucose and glucose syrup not containing, in the dry state, 99 °/o 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 H — 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 °/o by weight

Brans, sharps and other residues derived from the sifting, milling or working of — 23.02 A I b ) 1 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°/o 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 H 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 °/o by weight

Brans, sharps and other residues derived from the sifting, milling or working of — 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 % 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. 6. 19(1. 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. IMS, „ p. 46). (4) Pursuant to Regulation No 189/66/EEC the product falling within subheading 17.02 B I enjoys the same export refurid as the product falling within subheading 17.02 B II .