31975R3097

No L 309/ 16 Official Journal of the European Communities 29 . 11 . 75

REGULATION ( EEC) No 3097 / 75 OF THE COMMISSION

of 28 November 1975

fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN export system for products processed from cereals and COMMUNITIES, from rice, defines the specific criteria to be taken into account when the refund on these products is being Having regard to the Treaty establishing the European calculated ; Economic Community ;

Having regard to Council Regulation (EEC) No 2727/75 ( J ) of 29 October 1975 on the common organ­ Whereas, on the basis of the criteria laid down in ization of the market in cereals, and in particular the Regulation (EEC) No 2744/75, particular account first sentence of the fourth subparagraph of Article 16 should be taken of the prices and quantities of basic ( 2) thereof ; products used to calculate the variable component of the levy ; whereas, therefore, as is laid down for the Having regard to Council Regulation No 359/ determination of the variable component, account 67/ EEC (2) of 25 July 1967 on the common organiza­ should be taken of the average of the levies on the tion of the market in rice, as last amended by Regula­ basic products concerned during a representative tion (EEC) No 668 /75 (3), and in particular the first period, namely the first 25 days of the month sentence of the fourth subparagraph of Article 17 (2) preceding the month of exportation ; whereas this thereof ; average should be adjusted for the threshold price for Having regard to the Opinion of the Monetary these basic products which will be in force during the Committee ; month of exportation ; whereas Article 8 of Regula­ tion (EEC) No 2744/75 and Article 1 of Regulation Whereas Article 16 of Regulation (EEC) No 2727/75 (EEC) No 1077/68 (8), amended by Regulation (EEC) and Article 17 of Regulation No 359/67/ EEC provide No 2764/71 (9), provide that the amount of the export that the difference between quotations or prices on refund should, for certain products, be reduced by an the world market for the products listed in Article 1 amount equal to the production refund granted in of those Regulations and prices for those products respect of the basic product ; within the Community may be covered by an export refund ;

Whereas Article 2 of Council Regulation (EEC) No Whereas it follows from applying these rules and 2746/75 (4) of 29 October 1975, and Article 2 of criteria to the present situation on the market in Council Regulation No 366/67/EEC (5) of 25 July products processed from cereals and rice that the 1967 laying down general rules for granting export export refund should be fixed at an amount which refunds on cereals and rice respectively and criteria for will cover the difference between Community prices fixing the amount of such refunds , as last amended by and world market prices ; Regulation ( EEC) No 478 /75 (6), provide that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to Whereas when the refund is being calculated account prices and availabilities of cereals, rice and broken rice should be taken of the quantities of raw materials on the Community market on the one hand and used to determine the variable component of the prices for cereals, rice and broken rice on the world levy ; whereas the quantities of raw materials used for market on the other ; whereas the same Articles certain processed products may vary according to the provide that it is also important to ensure equilibrium end use of the product ; whereas, depending on the and the natural development of prices and trade on manufacturing process used, products other than the the markets in cereals and rice and, furthermore, to main product are obtained, the quantity and value of take into account the economic aspect of the which may vary with the nature and quality of the proposed exports, and the need to avoid disturbances main products being manufactured ; whereas cumula­ on the Community market ; tion of the refunds on the various products manufac­ Whereas Article 6 of Council Regulation (EEC) No tured by a single process from the same basic product 2744/75 (7) of 29 October 1975 on the import and may make it possible , in certain cases, to export to third countries at prices which are lower than world (>) OJ No L 281 , 1 . 11 . 1975 , p. 1 . market prices ; whereas the refund on certain products (2) OJ No 174, 31 . 7 . 1967, p. 1 . should therefore be limited to an amount which , (3 ) OJ No L 72, 20 . 3 . 1975, p. 18 . while allowing access to the world market, will ensure (4 ) OJ No L 281 , 1 . 11 . 1975, p. 78 . (5) OJ No 174, 31 . 7. 1967, p . 34. (b) OJ No L 52, 28 . 2. 1975, p. 34. (8) OJ No L 181 , 27 . 7. 1968 , p . 1 . (7) OJ No L 28 !, 1 . 11 . 1975, p . 65 . (») OJ No L 283 , 24. 12. 1971 , p. 30 .

29 . 11 . 75 No L 309 / 17 Official Journal of the European Communities

that the aims of the common organization of the within a band of 2-25 % , a rate of exchange based markets are respected ; on their effective parity ;

— 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 quantity of basic product actually incorporated in the Whereas the refund must be fixed once a month ; processed product ; whereas it may be altered in the intervening period ; Whereas there is no need at present to fix an export refund for manioc, other tropical roots and tubers or Whereas the measures provided for in this Regulation flours obtained therefrom, given the economic aspect are in accordance with the Opinion of the Manage­ ment Committee for Cereals, of potential exports and in particular the nature and origin of these products ; whereas, for certain products processed from cereals, the insignificance of Commu­ nity participation in world trade makes it unnecessary HAS ADOPTED THIS REGULATION : to fix an export refund at the present time ;

Whereas the world market situation or the specific Article 1 requirements of certain markets may make it neces­ sary to vary the refund for certain products according The export refunds on the products listed in Article 1 to destination ; (d) of Regulation (EEC) No 2727/75 and in Article 1 ( 1 ) (c) of Regulation No 359/67/EEC and subject to Whereas Regulation (EEC) No 2806/71 (*) lays down Regulation (EEC) No 2744/75 are hereby fixed as additional rules for granting export refunds for certain shown in the Annex to this Regulation . products processed from cereals and rice ;

Whereas, if the refund system is to operate normally, Article 2 refunds should be calculated on the following basis :

— in the case of currencies which are maintained in This Regulation shall enter into force on 1 December 1975 . relation to each other, at any g;ven moment,

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

Done at Brussels, 28 November 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission

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

No L 309/ 18 Official Journal of the European Communities 29 . 11 . 75

ANNEX

Number Refund in in nomenclature Nomenclature in simplified wording u. a./metric ton used for refunds [third countries)

11.01 C (I) 17-10 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 %> 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 20-52 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) 0

11.01 E (I) Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 % by 36-76 weight and of a crude fibre content, referred to dry matter, not exceeding - 0-8 °/o by weight

11.01 E (II) Maize flour, of a fat content, referred to dry matter, exceeding 1-3 % but not 31-51 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) 22-85

11.01 F Rice flour 0

11.01 H Millet flour 0

11.02 A III ( a) Barley groats and meal, of an ash content, referred to dry matter, not exceeding 17-67 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o by weight

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

11.02 A IV ( a) Oat groats and meal, of an ash content, referred to dry matter, not exceeding 20-52 2-3 % by 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

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 47-27 0-9 °/o 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 36-76 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 31-51 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 ( l )

11.02 A VI Rice groats and meal 0

11.02 B I a) 1 ( aa ) Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not 17-10 exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o by weight (*)

11.02 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

11.02 B I a) 2 bb) ( 11 18-24 i 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 % of a moisture content not exceeding 11 °/o and of which the peroxydase is virtually inactivated (*)

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

29 . 11 . 75 Official Journal of the European Communities No L 309/ 19

Number Refund in in nomenclature u. a. /metric ton Nomenclature in simplified wording 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 17-10 exceeding 1 %> by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 %> by weight ('Grütze' or 'Grutten') (*)

0 11.02 Bib) 1 (bb) Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa) (' Grütze' or 'Grutten') (2)

19-38 11.02 Bib) 2 (aa) Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not 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)

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

11.02 B II a) ( 1 ) Hulled (shelled or husked ) wheat, not sliced or kibbled (*) 24-96

11.02 C III (a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 22-80 weight (without talc) — 1st category (3)

11.02 C III (b ) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by 18-24 weight (without talc) — 2nd category (s)

11.02 CIV Pearled oats (3) 0

11.02 D II — Rye not otherwise worked than kibbled

11.02 E lb) 1 (aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by 17-10 weight and of a crude fibre content, referred to dry matter, not exceeding 0.9 % by weight

11.02 E lb ) 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 % by 22-80 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 */o by 18-24 weight, of a tegument content exceeding 0-1 %> but not exceeding 1-5 %>, of a moisture content not exceeding 12 % 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 % by 42-02 weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 %> by weight

34-14 ex 11.02 E lie) (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 o/o 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 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % weight

Flaked rice — 11.02 E II e) 1

11.02 Fill — Barley pellets

11.02 F IV Oat pellets —

11.02 FV — Maize pellets

11.02 G I 6-12 Wheat germ, whole, rolled, flaked or ground

11.02 G II 6-57 Germ of cereals other than wheat, whole, rolled, flaked or ground

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

No L 309/20 Official Journal of the European Communities 29 . 11 . 75

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

11.07 A I b) Unroastcd malt, obtained from wheat, other than in the form of flour

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

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

11.07 B Roasted malt —

11.08 A I Maize starch 31-46

11.08 A III Wheat starch 24-71 11.08 A IV Potato starch 31-46

11.08 A V Starches other than maize, rice, wheat, or potato starch 31-46 11.09 A Dried wheat gluten , of a protein content, referred to dry matter, not exceeding 44-92 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 41-03 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 °/o or more by 31-46 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 41-03 or not agglomerated

17.05 B II Flavoured or coloured glucose and glucose syrup, other than in the form of 31-46 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 4-97 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 4-97 maize or rice, of a starch content exceeding 35 °/o 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 4-9 " maize or rice, of a starch content exceeding 35 % by weight, and not having undergone a denaturing process, or of a starA content exceeding 45 °/o by weight and having undergone denaturing process

23.02 A II a) Brans, sharps and other residues derived from the sifting, milling or working 4-97 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 4-97 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 39-08 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. 1961. 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). (') Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading 17.02 B I enjoys the same export refund as the product falling within subheading 17.02 B II .