31975R1131

No L 112/ 26 1 . 5 . 75 Official Journal of the European Communities

REGULATION (EEC) No 1131 /75 OF THE COMMISSION

of 29 April 1975

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, 1 052/68 (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 ; 980/75 ( l0), defines the specific criteria to be taken Having regard to Council Regulation No 120/ into account when the refund on these products is 67/ EECC ) of 13 June 1967 on the common organiza­ being calculated ; tion of the market in cereals, as last amended by Regu­ lation ( EEC) No 85/75 (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 476/75 (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 these basic products which will be in force during the Whereas Article 16 of Regulation * No 120/67/ EEC 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 1 077/68 (' '), amended by Regulation ( EEC) of those Regulations and prices for those products No 2764/71 ( l2 ), 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 last amended by Regu­ lation ( EEC) No 87/75 (6), 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 last amended by Regula­ will cover the difference between Community prices tion ( EEC) No 478 / 75 (s ), provide that when refunds and world market prices ; are being fixed account must be taken of the existing situation 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 Whereas when the refund is being calculated account for cereals, rice and broken rice on the world market should be taken of the quantities of raw materials on the other ; whereas the same Articles provide that used to determine- the variable component of the it is also important to ensure equilibrium and the levy ; whereas the quantities of raw materials used for natural development of prices and trade on the certain processed products may vary according to the markets in cereals and rice and , furthermore , to take end use of the product ; whereas, depending on the into account the economic aspect of the proposed manufacturing process used , products other than the exports, and the need to avoid disturbances on the main product are obtained , the quantity and value of Community 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 (-) OJ No L II , 16 . I. 1975 , p. I. tured by a single process from the same basic product (3 ) OJ No 174 , 31 . 7 . 1967 , p. 1 . H OJ No L 52, 2H . 2 . 1975, p. 31 . (5 ) OJ No 125, 26 . 6 . 1967, p . 2453/ 67 . O OJ No L 179 , 25 . 7 . 1968 , p. 8 . (o) OJ No L 11 , 16 . I. 1975, p. 3 . ( I0) OJ No L 95, 17 . 4 . 1975, p . 1 . ( 7) OJ No 174, 31 . 7 . 1967, p . 34. (") OJ No L 181 , 27 . 7 . 1968 , p . 1 . (s ) OJ No L 52, 28 . 2 . 1975, p. 34 . OJ No L 283 , 24 . 12 . 1971 , p . 30 .

1 . 5 . 75 No L 112/ 27 Official Journal of the European Communities

may make it possible, in certain cases, to export to Whereas, if the refund system is to operate normally, third countries at prices which are lower than world refunds should be calculated on the following basis : market prices ; whereas the refund on certain products — in the case of currencies which are maintained in should therefore be limited to an amount which , relation to each other, at any given moment, while allowing access to the world market, will ensure within a band of 2-25 % , a rate of exchange based that the aims of the common organization of the on their effective parity ; markets are respected ; — for other currencies an exchange rate based on the Whereas the refund to be granted in respect of certain arithmetic mean of the spot market rates of each processed products should be graduated on the basis of these currencies recorded for a given period, in of the ash , crude fibre, tegument, protein, fat and relation to the Community currencies referred to starch content of the individual product concerned, in the previous subparagraph ; this content being a particularly good indicator of the Whereas the refund must be fixed once a month ; quantity of basic product actually incorporated in the whereas it may be altered in the intervening period ; processed product ; Whereas the measures provided for in this Regulation Whereas there is no need at present to fix an export are in accordance with the Opinion of the Manage­ refund for manioc, other tropical roots and tubers or ment Committee for Cereals, 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 A rtic/e 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 ) 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 (') 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 May 1975.

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

Done at Brussels, 29 April 1975.

For the Commission

P.J. LARDINOIS

Member of the Commission

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

No L 112/28 1 . 5 . 75 Official Journal of the European Communities

ANNEX

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

5-342 11.01 C ( I) Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o weight

. 3-432 11.01 C ( II) Barley flour not included under No 11.01 C (I)

6-246 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 %> by weight, of a moisture content not exceeding 11 °/o and of which the peroxydase is virtually inactivated

11.01 D (II) Oat flour not included under No 11.01 D (I) 3-539

11.01 E ( I) 3-714 Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 °/o by weight

11.01 E ( II) 3-184 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 ) 2-308

11.01 F Rice flour 0

11.01 H — Millet flour

11.02 A III ( a ) 5-520 Barley groats and meal, of ah 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 %> by weight

11.02 A III ( b ) 3-632 Barley groats and meal not included under No 11.02 A III (a )

4-246 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 °/o, of a moisture content 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) 3-539

11.02 A V ( a) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 4-775 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 3-714 1-3 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 °/o by weight (*)

11.02 A V (c) Maize groats and meal, of a fat content, referred to dry matter, exceeding 3-184 1-3 °/o by weight but not exceeding 1-7 °/o 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

5-342 11.02 B I a ) 1 ( aa ) Hulled (shelled or husked) 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 (2)

3-632 11.02 B I a ) 1 ( bb ) Hulled (shelled or husked ) barley not included under No 11.02 B I a) 1 (aa) (')

Clipped oats 0-510 11.02 B I a ) 2 ( aa )

5-552 11.02 B I a ) 2 bb ) ( 11 ) Hulled (shelled or husked ) oats, of an ash content, referred to dry matter, not exceeding 2-3 °/o by weight, of a tegument content not exceeding 0.5 °/o of a moisture content not exceeding 11 °/o and of which the peroxydase is virtually inactivated (2) *

3-539 11.02B la ) 2 bb ) (22) Hulled (shelled or husked ) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (*)

1 . 5. 75 Official Journal of the European Communities No L 112/29

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

11.02 Bib ) 1 (aa) Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 5-342 exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o by weight (' Grutze' or 'Grutten') (2)

11.02 Bib) 1 (bb) 3-632 Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa) ('Grutze' or 'Grutten') (2)

Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not 5-899 11.02 Bib) 2 (aa) exceeding 2-3 %> 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)

11.02 Bib) 2 (bb ) 3-539 Hulled and sliced or kibbled oats not included under No 11.02 B I b ) 2 (aa) ('Grütze' or 'Grutten ') (2)

11.02 B II a) ( 1 ) Hulled (shelled or husked) wheat, not sliced or kibbled (2) 3-385

11.02 C III (a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by 7-122 weight (without talc) — 1st category (s)

11.02 C III (b) 5-698 Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by weight (without talc) — 2nd category (3)

11.02 C IV 3-539 Pearled oats (3)

11.02 D II Rye not otherwise worked than kibbled 1-224

11.02 E lb) 1 ( aa ) Flaked oats, of an ash content, referred to dry matter, not exceeding 1 °/o by 5-342 weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o by weight

1 1.02 E lb) 1 (bb ) Flaked barley not included under 11.02 E I b) 1 (aa) 3-632

11.02 E I b ) 2 (aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 °/o by 6-940 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 5-552 weight, of 'k tegument content exceeding 0-1 °/o but not exceeding 1-5. %>, of a moisture content not exceeding 1 2 °/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 ) 3-539

ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 %> by 4-245 weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 °/o by weight

3-449 ex 11.02 E II c) (2) Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 °/o 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 2-918 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 F III Barley pellets 3-060

11.02 F IV Oat pellets 0-510

11.02 FV — Maize pellets

11.02 G I 0-830 Wheat germ , whole, rolled, flaked or ground

11.02 G II Germ of cereals other than wheat, whole, rolled , flaked or ground 0-663

11.07 A I a) Unroasted malt, obtained from wheat, in the form of flour 0-500

No L 112/30 1 . 5 . 75 Official Journal of the European Communities

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

11.07 A lb ) Unroasted malt, obtained from wheat, other than in the form of flour 0-500

11.07 A II a) Unroasted malt, other than that obtained from wheat, in the form of flour 0-500

11.07 A II b) Unroasted malt, other than that obtained from wheat, other than in the form 0-500 of flour

11.07 B Roasted malt 0-500

11.08 A I Maize starch -1-591

11.08 A III 0-284 Wheat starch

11.08 A IV Potato starch 1-591

11.08 A V Starches other than maize, rice, wheat, or potato starch 1-591

11.09 A Dried wheat gluten, of a protein content, referred to dry matter, not exceeding 0-516 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 2-075 of the pure product, in the form of white crystalline powder, whether or not agglomerated (4 )

17.02 B II b ) Glucose and glucose syrup not containing, in the dry state, 99 °/o or more by 1-591 weight of the pure product, other than glucose in the form of white crystalline powder, whether or not agglomerated (4 )

17.05 B I 2-075 Flavoured or coloured glucose, in the form of. white crystalline powder, whether or not agglomerated

17.05 B II 1-591 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 0-763 maize or rice of a starch content not exceeding 35 °/o by weight

23.02 A I b) 1 Brans, sharps and other residues derived from the sifting, milling or working of 0-763 r maize or rice, of a starch content exceeding 35 °/o but not exceeding 45 °/o by weight, and having undergone a denaturing process

23.02 A I b) 2 0-763 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 °/o by weight and having undergone denaturing process

23.02 A II a) 0-763 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 % by weight

23.02 A II b) Brans, sharps and other residues derived from the sifting, milling or working of 0-763 cereals other than maize or rice, not included under No 23.02 A II a )

23.03 A I 1-976 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 )

1 (') 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 ISO 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. 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). (6) 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 .