31974R2259

No L 239 / 34 Official Journal of the European Communities 31 . 8 . 74

REGULATION (EEC) No 2259/74 OF THE COMMISSION of 30 August 1974 altering the export levies on cereals

THE COMMISSION OF THE EUROPEAN Whereas Article 3 of Regulation (EEC) No 1968/73 COMMUNITIES, specifies that when the export levy is being fixed account must be taken of the existing situation and Having regard to the Treaty establishing the European the future trend with regard to prices and availabilities Economic Community ; of cereals on the Community market on the one hand and prices for cereals and cereal products on the Having regard to Council Regulation No 120/ world market on the other ; whereas the same article 67/EEC (J ) of 13 June 1967 on the common organiza­ provides that it is also important to ensure equili­ tion of the market in cereals, as last amended by Regu­ brium and the natural development of prices and lation (EEC) No 1996/74 (2) ; trade on cereal markets and furthermore, to take into Having regard to Council Regulation (EEC) No account the economic aspect of the proposed exports and the need to avoid disturbances on the Commu­ 1968 /73 (3) of 19 July 1973 laying down general rules to be applied in the event of the cereals market being nity market ; disturbed, as last amended by Regulation (EEC) No 676/74 (4) and in particular Article 4 (3) thereof ; Whereas for the products, other than starches, listed in Article 1 (c) and (d) of Regulation No 120/67/EEC Whereas Article 19 of Regulation No 120/67/EEC the specific factors set out in Article 3 (2) of Regula­ provides that the necessary measure may be taken if tion (EEC) No 1968/73 must also be taken into the cif price of one or more products is appreciably account ; higher than the threshold price and if that situation is likely to continue thereby disturbing or threatening to disturb the Community market ; Whereas the export levy may be varied if the world market situation or the specific requirements of Whereas Regulation (EEC) No 1968 /73 specifies that certain markets make this necessary ; the cif price may be regarded as appreciably higher that the threshold price when it exceeds it by" at least Whereas it follows from applying the rules outlined 2 % ; whereas this excess may be regarded as being above to the present situation on the market in likely to continue where an imbalance between supply cereals, and in particular to quotations or prices for and demand is established and where this imbalance these products within the Community and on the is likely to persist having regard to foreseeable produc­ world market, that the export levies, fixed by Regula­ tion and market price trends ; tion (EEC) No 2236/74 (6), should be altered as shown Whereas the high level of prices in international trade in the Annex to this Regulation, could impede importation of common wheat, barley, rye, oats, maize, millet and sorghum into the Commu­ nity or provoke exportation from the Community ; Whereas the situation described above can be said to HAS ADOPTED THIS REGULATION : exist at the present time ; whereas to ensure supplies in the Community an export levy should be intro­ duced for common wheat, barley, rye, oats, maize, Article 1 millet and sorghum ; Whereas, in view of the relationship between the basic The export levies referred to in the first indent of product and the products processed from it and given Article 2(1 ) of Regulation (EEC) No 1968/73 are the market situation for certain processed products, an hereby altered, in respect of the products listed in the export levy for certain of these products must also be Annex to Regulation (EEC) No 2236/74, to the fixed ; amounts shown therein . Whereas the threshold prices for the 1974/75 marketing year were fixed by Council Regulation Article 2 (EEC) No 1427/74 (5) of 4 June 1974 ; (!) OJ No 117, 19 . 6. 1967, p. 2269/67 . This Regulation shall enter into force on 1 September (2) OJ No L 209, 31 . 7. 1974, p. 1 . 1974 . (3) OJ No L 201 , 21 . 7. 1973 , p. 10 . (<) OJ No L 83 , 28 . 3 . 1974, p. 3 . (») OJ No L 151 , 8 . 6. 1974, p. 1 . (6) OJ No L 238 , 30 . 8 . 1974, p. 10 .

31 . 8 . 74 Official Journal of the European Communities No L 239 /35

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

Done at Brussels, 30 August 1974. For the Commission P. J. LARDINOIS Member of the Commission

No L 239 /36 Official Journal of the European Communities 31 . 8 . 74

ANNEX

to the Commission Regulation of 30 August 1974 altering the export levy in the cereal sector

CCT heading No Description u. a. /metric ton

ex 10.01 A Common wheat and meslin , excluding officially certified seeds (*) 55-00 ex 10.02 Rye, excluding officially certified seeds (J ) 0 ex 10.03 Barley , excluding officially certified seeds (M 35-00 ex 10.04 Oats, excluding officially certified seeds (*) 17-00 10.05 B Maize other than hybrid maize for sowing 50-00 10.07 B Millet 20-00 10.07 C Grain sorghum 35-00 ex 11.01 A Wheat flour 27-00 — 11.02 A I a ) Durum wheat groats and meal 11.02 A I b ) Common wheat groats and meal 27-00 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

1 1 . 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) —

31 . 8 . 74 Official Journal of the European Communities No L 239 / 37

CCT heading No Description li . a. / metric con

11.02 V. Maize : ( confd) a ) Of a fat content not exceeding 1·5 ° /o 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 °/o by weight ( 2 ) (22) Other (2) — 4. Millet — b) Hulled and sliced or kibbled (' Grütze or grutten') : 1 . Barley (f) — 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 (®)

C. Pearled grains : I. Wheat (8) — II. Rye (8) — III . Barley : a ) Of an ash content (without talc) not exceeding 1 % by weight — 1st category (*) b) Other (') — IV. Oats (s) — — V. Maize (*) VII. Millet (») VIII . Grain torghum (·1 —

No L 239 / 38 Official Journal of the European Communities 31 . 8 . 74

CCT heading No Description u . a . / metric tna

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. Bailey , oats, buckwheat ind 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

F. Pellets : I. Wheat II . Rye III . Barley IV . Oats V. Maize VIII . Millet IX . Grain sorghum

G. Germ of cereals, whole, rolled , flaked ot grountf I. Wheat II . Other

31 . 8 . 74 Official Journal of the European Communities No L 239/39

CCT heading No Description u.a . /metric ton

11 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 —

02 Bran, sharps and other residues derived from the sifting, milling or working of cereals or of leguminous vegetables :

A. Of cereals : I. Of maize : a) With a starch content not exceeding 35 °/o by weight b ) Other : 1 . With a starch content exceeding 35 % but not exceeding 45 ·/· by — weight, and having undergone i denaturing process 2 . Other — II . Of other cereals : a ) Of which the starch content 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 Vo by weight or of which the sieved pro­ duct has an ash content, calculated on the dry product, of 1-5 °/o or more by weight — b ) Other

23.07 Sweetened forage, other preparations of a kind used in animal feeding : B. Other, containing starch, glucose or glucose syrup falling within suhheading Nos 17.02 B and 17.05 B, or milk products, mixed with other products too : 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 e/o but not exceeding 65 ®/· — Exceeding 65 ·/» —

No L 239 / 40 Official Journal of the European Communities 31 . 8 . 7 4

(') 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 ol 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). (4) ' Cereals products ' means the products falling within Chapter 10 and heading Nos 11.01 and 11.02 (excluding subheading No 11.02 G ) o' the Common Customs Tariff.