31975R2228

No L 227/ 26 Official Journal of the European Communities 29 . 8 . 75

REGULATION ( EEC) No 2228 /75 OF THE COMMISSION of 28 August 1975 fixing the export levies on cereals

THE COMMISSION OF THE EUROPEAN duced for common wheat, durum wheat, wheat flour, COMMUNITIES, rye flour, barley, rye, oats, maize, durum wheat groats and meal ; Having regard to the Treaty establishing the European Economic Community ; Whereas , in view of the relationship between the basic product and the products processed from it and given Having regard to Council Regulation No 120/ the market situation for certain processed products, an 67/ EEC (') of 13 June 1967 on the common organiza­ export levy for certain of these products must also be tion of the market in cereals, as last amended by Regu­ fixed ; lation ( EEC) No 665/75 (2) ;

Whereas the threshold prices for the 1975/76 Having regard to Council Regulation (EEC) No marketing year were fixed by Council Regulation 1 968 /73 (3) of 19 July 1973 laying down general rules (EEC) No 1173/75(5 ) of 28 April 1975 ; to be applied in the event of the cereals market being disturbed, as last amended by Regulation (EEC) No 86/75 (4) and in particular Article 4 (2) thereof ; Whereas Article 3 of Regulation (EEC) No 1968/73 specifies that when the export levy is being fixed Having regard to the Opinion of the Monetary account must be taken of the existing situation and Committee ; the future trend with regard to prices and availabilities of cereals on the Community market on the one hand and prices for cereals and cereal products on the word Whereas Article 19 of Regulation No 120/ 67/ EEC market on the other ; whereas the same article provides that measures may be taken when the quota­ provides that it is also important to ensure equili­ tions or prices on the world market for one or more brium and the natural development of prices and products reach the level of Community prices ; trade on cereal markets and furthermore, to take into whereas that situation is likely to continue and to dete­ account the economic aspect of the proposed exports riorate, thereby disturbing or threatening to disturb and the need to avoid disturbances on the Commu­ the Community market ; nity market ; Whereas Regulation (EEC) No 1968 /73 specifies that the quotations or prices on the world market shall be Whereas for the products, other than starches, listed regarded as having reached the level of Community in Article 1 (c) and (d) of Regulation No 120/67/EEC prices when they approach or exceed the threshold the specific factors set out in Article 3 (2) of Regula­ price ; whereas the continuation and the deterioration tion ( EEC) No 1968 / 73 must also be taken into of that situation may be regarded as being likely to account ; continue where an imbalance between supply and demand is established and where this imbalance is likely to persist, having regard to foreseeable produc­ Whereas the export levy may be varied if the world tion and market price trends ; market situation or the specific requirements of certain markets make this necessary ; Whereas the high level of prices in international trade could impede importation of common wheat, durum Whereas , if the levy system is to operate normally, the wheat, wheat flour, rye flour, barley, rye, oats, maize, following should be used to calculate the levies : durum wheat groats and meal into the Community or provoke exportation from the Community ; — for currencies the exchange rates for which are kept at any given moment within a band of Whereas the situation described above can be said to 2 25 % , at a conversion rate based on their actual exist at the present time ; whereas to ensure supplies parity ; in the Community an export levy should be intro­ — for other currencies a conversion rate based on the (>) OJ No 117 , 19 . 6 . 1967 , p. 2269/ 67 . arithmetic mean of the spot market rates for each (-') OJ No L 72, 20 . 3 . 1975, p. 14 . (3 ) O J No L 201 , 21 . 7 . 197.?, p. 10 . H Oj No L 11 , 16. I. 1975, p. 2. (5 ) OJ No L 1 1 7, 7 . 5 . 1 975, p. 6 .

29 . 8 . 75 Official Journal of the European Communities No L 227/27

of these currencies against the Community curren­ HAS ADOPTED THIS REGULATION : cies referred to in the preceding paragraph over a specified period ; Article 1 Whereas it follows from applying the rules outlined above to the present situation on the market in The export levies referred to in the first indent of cereals, and in particular to quotations or prices for Article 2(1 ) of Regulation (EEC) No 1968/73 are these products within the Community and on the hereby fixed at the amounts shown in the Annex. world market, that the export levies, should be fixed as shown in the Annex to this Regulation ; 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 29 August ment Committee for Cereals, 1975 .

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

Done at Brussels, 28 August 1975. For the Commission P.J. LARDINOIS Member of the Commission

No L 227/28 Official Journal of the European Communities 29 . 8. 75

ANNEX

to the Commission Regulation of 28 August 1975 fixing the export levies in the cereals sector

CCT heading No Description u. a. /metric ton

ex 10.01 A Common wheat and meslin, excluding officially certified seeds (*) 17-00

ex 10.01 B Durum wheat, excluding officially certified seeds (*) 17-00

ex 10.02 Rye, excluding officially certified seeds (*) 0

ex 10.03 Barley, excluding officially certified seeds ( 1) 20-00

ex 10.04 12-00 Oats, excluding officially certified seeds (*)

10.05 B 12-00 Maize other than hybrid maize for sowing

10.07 B Millet —

10.07 C — Grain sorghum

ex 11.01 A Wheat flour 0

11.01 B 0 Rye flour

11.02 A I a ) Durum wheat groats and meal 15-00

11.02 A lb) Common wheat groats and meal 0

11.01 Flour of cereals :

C. Barley flour 0

D. Oat flour 0

E. Maize flour : I. Of a fat content not exceeding 1-5 % by weight 0 I II . Other 0

H. Millet flour 0

K. Grain sorghum flour 0

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 0 • III. Barley : a ) Of an ash content not exceeding 1 % by weight 0 b ) Barley groats and meal not included under No 11.02 A III a ) 0 IV. Oats : , a) Of an ash content not exceeding 2-3 % by weight 0 b) Oat groats and meal not included under No 11.02 A IV a) 0

29 . 8 . 75 Official Journal of the European Communities No L 227/29

CCT heading u .a ./metric ton No Description

11.02 V. Maize : (cont'd) a) Of a fat content not exceeding 1-5 */o by weight : 0 1 . For the brewing industry 2. Other 0 0 b) Other VIII. Millet 0 0 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 (*) 0 2 . Oats : aa) Clipped oats (*) ,0 bb ) Other : ( 11 ) Of an ash content not exceeding 2-3 % by weight (*) 0 (22) Other (*) 0 4. Millet 0 b) Hulled and sliced or kibbled ('Grütze or grutten') : 1 . Barley (*) 0 2 . Oats : aa) Of an ash content not exceeding 2-3 °/o by weight (l) 0 bb) Other (') 0 4. Millet (2) 0 II. Other cereals : a) Wheat (l) 0 b) Rye (*) 0 c) Maize (*) 0 d) Grain sorghum (•) 0

C. Pearled grains : I. Wheat (*) 0 II. Rye (*) 0 III. Barley : a) Of an ash content (without talc) not exceeding 1 °/o by weight — 1st category 3) 0 b) Other 3) 0 IV. Oats (3) 0 V. Maize (s) 0 VII. Millet («) 0 0 VIII. Grain sorghum (")

No L 227/30 Official Journal of the European Communities . 29 . 8 . 75

CCT heading Description u . a . /metric ton No

11.02 D. Grains not otherwise worked than kibbled : (cont'd) I. Wheat 0 II. Rye 0 III. Barley 0 IV. Oats 0 V. Maize 0 VII. Millet 0 0 VIII. Grain sorghum E. Rolled grains ; flaked grains : I. Barley, oats, buckwheat and millet : a) Rolled : 0 1 . Barley 2 . Oats 0 4 . Millet 0 b) Flaked : 0 1. Barley 2. Oats 0 4. Millet 0 II. Other cereals : 0 a) Wheat 0 b) Rye 0 c) Maize 0 d) Grain sorghum F. Pellets : I. Wheat 0 0 II. Rye 0 III. Barley IV. Oats 0 V. Maize 0 VIII. Millet 0 0 IX. Grain sorghum G. ' Germ of cereals, whole, rolled, flaked or ground I. Wheat 0 0 II. Other

11.07 Malt, roasted or not i A. Unroasted : I. Obtained from wheat : a) In the form of flour 0 b) Other 0

No L 227/31 29 . 8 . 75 Official Journal of the European Communities

CCT heading u. a. / metric ton Description No 1 i

11.07 17. Other : (eonfd) a) In the form of flour 0 b) Other 0

B. Roasted 0

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

A. Of cereals :

I. Of maize : 0 a) With a starch content not exceeding 35 °/o by weight b) Other : 1 . With a starch content exceeding 35 °/o but not exceeding 45 °/o by 0 weight, and having undergone a denaturing process 2. Other 0 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% by weight or of which the sieved pro­ duct has an ash content, calculated on the dry product, of 1-5% or 0 more by weight 0 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 subheadings 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 °/o by weight and of cereal products (*) content by weight : — Exceeding 5 °/o but not exceeding 15 °/o 0 — Exceeding 15 °/o but not exceeding 30 °/o 0 — Exceeding 30 °/o but not exceeding 50 °/o 0 — Exceeding 50 % but not exceeding 65 % 0 0 — Exceeding 65 %

{*) 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). (4) 'Cereals products' means the products falling within Chapter 10 and heading Nos 11.01 and 11.02 (excluding subheading 11.02 G) of the Common Customs Tariff.