31976R0974

29 . 4. 76 Official Journal of the European Communities No L 112/ 21

COMMISSION REGULATION (EEC) No 974/76 of 28 April 1976 fixing the import levies on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN from rice and for the advance fixing of this levy for COMMUNITIES, these products and for compound feedingstuffs manu­ factured from cereals (6), as last amended by Regula­ tion (EEC) No 1997/75 (7), provides that the levy thus Having regard to the Treaty establishing the European determined, increased by the fixed component, is Economic Community, valid in general for one month but is altered where the levy applicable to the basic product concerned differs by not less than 2-5 units of account per metric Having regard to Council Regulation (EEC) No ton from the average of the levies calculated as 2727/75 of 29 October 1975 on the common organi­ described above ; zation of the market in cereals ( !), as amended by Regulation (EEC) No 3058/75 (2), and in particular Article 14 (4) thereof, Whereas in accordance with Article 5 of Regulation (EEC) No 2744/75 and Article 2 of Regulation (EEC) Having regard to Council Regulation No 359/ No 1579/74, the levy on certain processed products 67/EEC of 25 July 1967 on the common organiza­ must be reduced by an amount equal to the produc­ tion of the market in rice (3 ), as last amended by Regu­ tion refund granted in respect of basic products for lation (EEC) No 668/75 (4), and in particular Article processing ; whereas Regulation (EEC) No 1921 /75 (8) 12 (4) thereof, laid down certain transitional measures in respect of starches ;

Having regard to the opinion of the Monetary Committee , Whereas the fixed component of the levy is specified in Regulation (EEC) No 2744/75 ; Whereas the rules to be applied to calculating the vari­ able component of the import levy on products processed from cereals and rice are laid down in Whereas, in order that account may be taken of the Article 14 ( 1 ) (A) of Regulation (EEC) No 2727/75 and interests of the African , Caribbean and Pacific States Article 12 ( 1 ) (a) of Regulation No 359/67/EEC ; or in the 'overseas countries and territories', the levy whereas Article 2 of Council Regulation (EEC) No relating to them in respect of certain products 2744/75 of 29 October 1975 on the import and processed from cereals must be reduced by the export system for products processed from cereals and amount of the fixed component and, in respect of rice (5), provides that the incidence on the prime costs some of these products, by part of the variable compo­ of these products of the levies applicable to their basic nent ; whereas this reduction must be made in accor­ products should be calculated on the basis of the dance with Article 12 of Council Regulation (EEC) average of the levies applicable to these basic products No 706/76 of 30 March 1976 on the arrangements for the first twenty-five days of the month preceding applicable to agricultural products and certain goods that of importation ; whereas this average, adjusted on resulting from the processing of agricultural products the basis of the threshold price valid for the basic originating in the African, Caribbean and Pacific products in question during the month of importa­ States or in the 'overseas countries and territories' (9) ; tion, is calculated on the basis of the quantities of basic products considered to have been used in the manufacture of the processed product or the Whereas Article 4 (2) of Regulation (EEC) No 2744/75 competing product which serves as a reference for provides that the levy to be charged on the products processed products not containing cereals ; listed in the Annex to that Regulation under subheading 07.06 A is limited, with effect from the Whereas Commission Regulation (EEC) No 1579/74 date of entry into force of the Geneva Protocol ( 1967) of 24 June 1974 on the procedure for calculating the annexed to the General Agreement on Tariffs and import levy on products processed from cereals and Trade, to the amount resulting from application of the rate of duty bound within GATT ; ( i) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 306, 26 . 11 . 1975, p. 3 . (6) OJ No L 168 , 25. 6. 1974, p. 7. (}) OJ No 174, 31 . 7. 1967, p. 1 . (7) OJ No L 202, 1.8 . 1975, p. 57. (4) OJ No L 72, 20 . 3 . 1975, p. 18 . (8) OJ No L 195, 26. 7. 1975, p. 25. (5 OJ No L 281 , 1 . 11 . 1975, p. 65. (9) OJ No L 85, 31 . 3 . 1976, p. 2.

No L 112/ 22 29 . 4. 76 Official Journal of the European Communities

Whereas, if the levy system is to operate normally, HAS ADOPTED THIS REGULATION : levies should be calculated on the following basis : — in the case of currencies which are maintained in relation to each other, at any given moment, Article 1 within a band of 2-25 % , a rate of exchange based on their effective parity ; The import levies to be charged on the products listed — for other currencies an exchange rate based on the in Article 1 (d) of Regulation (EEC) No 2727/75 and arithmetic mean of the spot market rates of each in Article 1 ( 1 ) (c) of Regulation No 359/67/EEC and of these currencies recorded for a given period, in subject to Regulation (EEC) No 2744/75 are hereby relation to the Community currencies referred to fixed as shown in the Annex to this Regulation. in the previous subparagraph ;

Whereas, in accordance with Article 18(1 ) of Regula­ Article 2 tion (EEC) No 2727/75, the nomenclature provided for in this Regulation is incorporated in the Common Customs Tariff, This Regulation shall enter into force on 1 May 1976.

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

Done at Brussels, 28 April 1976. For the Commission

P. J. LARDINOIS Member of the Commission

29 . 4. 76 Official Journal of the European Communities No L 112/23

ANNEX

Levies in u. a. /metric ton

Third countries CCT heading No Nomenclature in simplified wording (other than ACP and ACP and OCT OCT)

07.06 A Manioc, arrowroot, salep and other similar roots and tubers 5.77 (») 4.27 H (5) with high starch content, excluding sweet potatoes

11.01 C Barley flour (•) 62.73 57.73

11.01 D Oat flour (•) 63.41 58.41

76.32 71.32 11.01 EI Maize flour, of a fat content not exceeding 1-5 */o by weight (*)

11.01 E II 42.91 40.41 Maize flour, of a fat content exceeding 1-5 */o by weight (*)

11.01 F Rice flour (*) 36.83 34.33

11.01 G Buckwheat flour (•) 27.10 22.10

11.01 H Millet flour (*) 34.07 31.57

U.01IJ Canary seed flour (') 2.50 0

11.01 K Grain sorghum flour (*) 45.91 43.41

11.01 L Cereals flours, other than flour of wheat, meslin , rye, barley , oats, 2.50 0 maize, rice, buckwheat, millet, canary seed or grain sorghum (f)

11.02 A II Rye groats and meal (*) 95.45 90.45

11.02 A III Barley groats and meal (*) 62.73 57.73

11.02 A IV Oat groats and meal (*) 63.41 58.41

11.02 A Va ) 1 Maize groats and meal, of a fat content not exceeding 1*5 % by 76.32 71.32 weight, for the brewing industry (*)

11.02 A V a) 2 Maize groats and meal, of a fat content not exceeding 1-5 % by 76.32 71.32 weight, other than for the brewing industry (*)

11.02 A Vb) Maize groats and meal, of a fat content exceeding 1*5 % by 42.91 40.41 weight (')

11.02 A VI Rice groats and meal (') 36.83 34.33

11.02 A VII Buckwheat groats and meal (•) 27.10 22.10

11.02 A VIII Millet groats and meal (*) 34.07 31.57

No L 112/24 Official Journal of the European Communities 29. 4. 76

Levies in u.a. /metric ton

Third countries CCT heading No Nomenclature in simplified wording ACP and (other than ACP and OCT OCT)

1 1.02 A IX Grain sorghum groats and meal (*) 45-91 43.41

11.02 AX Cereals groats and meal , other than groats and meal of wheat, 2.50 0 meslin , rye, barley, oats, maize, rice, buckwheat, millet or grain sorghum (*)

11.02 B I a) 1 53.81 51.31 Hulled (shelled or husked ) barley (*)

11.02 B I a) 2 aa) Clipped oats 35.60 33.10

60.91 58.41 1 1.02 B I a) 2 bb) Hulled (shelled or husked) oats other than clipped oats (*)

1 1.02 B I a) 3 Hulled (shelled or husked ) buckwheat (*) 22.15 19.65

Hulled (shelled or husked ) millet (') 52.02 49.52 1 1.02 B I a) 4

53.81 51.31 11.02 Bib) 1 Hulled and sliced or kibbled barley ('Grütze' or ' Grutten') (*)

60.91 58.41 11.02 Bib) 2 Hulled and sliced or kibbled oats (' Grütze' or 'Grutten') (*)

22.15 19.65 11.02 Bib) 3 Hulled and sliced or kibbled buckwheat (' Grütze' or ' Grutten') (l)

52.02 49.52 11.02 Bib) 4 Hulled and sliced or kibbled millet ('Grütze' or ' Grutten') (*)

59.26 56.76 11.02 B II a) Hulled (shelled or husked) wheat, whether or not sliced or kibbled (*)

69.33 66.83 11.02 B lib ) Hulled (shelled or husked) rye, whether or not sliced or kibbled (*)

65.89 63.39 11.02 B II c) Hulled (shelled or husked) maize, whether or not sliced or kibbled (')

70.60 68.10 Hulled (shelled or husked) grain sorghum , whether or not sliced or 11.02 B II d) kibbled (l)

2.50 0 11.02 Bile) Hulled (shelled or husked ) grains, whether or not sliced or kibbled, other than those of wheat, rye, maize, barley, oats, buckwheat, millet or grain sorghum (*)

11.02 CI Pearled wheat (*) 70.79 68.29

11.02 C II Pearled rye (*) 82.90 80.40

11.02 C III 85.18 80.18 Pearled barley (*)

11.02 CIV Pearled oats (*) 54.42 51.92

11.02 C V 65.89 63.39 Pearled maize (')

11.02 C VI Pearled buckwheat (*) 22.15 19.65

1 1.02 C VII 52.02 49.52 Pearled millet (*)

11.02 C VIII Pearled grain sorghum (*) 70.60 68.10

11.02 C IX Pearled grains, other than grains of wheat , rye, barley , oats, maize, 2.50 0 buckwheat, millet or grain sorghum (*)

29 . 4 . 76 Official Journal of the European Communities No L 112/25

Levies in u.a. /metric ton

Third countries CCT heading No Nomenclature in simplified wording ACP and (other than ACP and OCT OCT)

Wheat not otherwise worked than kibbled (*) 46.03 43.53 11.02 D I

1 1.02 D II Rye not otherwise worked than kibbled (*) 53.76 51.26

35.21 32.71 11.02 Dili Barley not otherwise worked than kibbled (*)

11.02 D IV Oats not otherwise worked than kibbled (*) 35.60 33.10

11.02 D V 42.91 40.41 Maize not otherwise worked than kibbled (')

11.02 D VI 15.03 12.53 Buckwheat not otherwise worked than kibbled (*)

11.02 D VII Millet not otherwise worked than kibbled (*) 34.07 31.57

1 1.02 D VIII Grain sorghum not otherwise worked than kibbled (*) 45.91 43.41

11.02 D IX Grains not otherwise worked than kibbled, other than grains of 2.50 0 wheat, rye, barley, oats, maize, buckwheat, millet or grain sor­ ghum (2)

35.21 32.71 11.02 El a ) 1 Rolled barley (•)

35.60 33.10 11.02 EI a) 2 Rolled oats (*)

15.03 12.53 11.02 EI a) 3 Rolled buckwheat (*)

34.07 31.57 11.02 EI a ) 4 Rolled millet (*)

69.14 64.14 1 1.02 E lb ) 1 Flaked barley (*)

11.02 E lb) 2 Flaked oats (*) 69.90 64.90

27.10 22.10 11.02 E lb) 3 Flaked buckwheat (*)

11.02 E lb) 4 60.71 55.71 Flaked millet (*)

11.02 E II a) 81.82 76.82 Rolled or flaked wheat (•)

1 1.02 E lib ) 95.45 90.45 Rolled or flaked rye (')

11.02 E II c) Rolled or flaked maize (*) 76.32 71.32

11.02 E II d ) Rolled or flaked grain sorghum (*) 81.61 76.61

11.02 E II e) 1 Flake rice (*) 63.30 58.30

11.02 E II e) 2 5.00 0 Rolled or flaked grains other than grains of wheat, rye, barley, oats, maize, rice, buckwheat, millet or grain sorghum , excluding flaked rice (*)

11.02 FI Wheat pellets (*) 81.82 76.82

11.02 F II Rye pellets (*) 95.45 90.45

11.02 F III Barley pellets (*) 62.73 57.73

No L 112/26 Official Journal of the European Communities 29 . 4 . 76

Levies in u. a. /metric ton

Third countries CCT heading No Nomenclature in simplified wording ACP and (other than ACP and OCT OCT)

11.02 F IV Oat pellets (•) 63.41 58.41

11.02 F V Maize pellets (") 76.32 71.32

11.02 F VI Rice pellets (*) 36.83 34.33

11.02 F VII Buckwheat pellets (*) 27.10 22.10

1 1.02 F VIII Millet pellets (*) 34.07 31.57

11.02 F IX Grain sorghum pellets (*) 45.91 43.41

11.02 FX Pellets of cereals other than wheat, rye, barley, oats, maize, rice , 2.50 0 buckwheat, millet or grain sorghum (')

11.02 G I Wheat germ, whole, rolled, flaked or ground 37.01 32.01

11.02 G II 34.72 29.72 Germ of cereals other than wheat, whole, rolled flaked or ground

8.27 2.77 (•) 11.06 A Denatured flour and meal of sago and of manioc, arrowroot, salep and other roots and tubers falling within heading No 07.06, for the manufacture of starches

11.06 B I 64.69 44.69 (5) Undenatured flour and meal of sago and of manioc, arrowroot, salep and other roots and tubers falling within heading No 07.06, for the manufacture of starches

11.06 B II Undenatured flour and meal of sago and of manioc, arrowroot, 80.79 60.79 (5) salep and other roots and tubers falling within heading No 07.06, other than for the manufacture of starches

11.07 Ala) Unroasted malt, obtained from wheat, in the form of flour 84.97 75.97

11.07 Alb) Unroasted malt, obtained from wheat, other than in the form of 65.76 56.76 flour

11.07 All a ) Unroasted malt, other than that obtained from wheat, in the form 66.08 (4) 57.08 of flour

11.07 A II b) Unroasted malt, other than that obtained from wheat, other than in 51.65 42.65 the form of flour

Roasted malt 58.71 {*) 49.71 11.07 B

11.08 A I Maize starch 64.69 47.69

11.08 A II Rice starch 56.04 30.54

11.08 A III Wheat starch 75.04 58.04

11.08 A IV Potato starch 64.69 47.69

11.08 A V Starches other than maize, rice, wheat or potato starch 64.69 23.85 (5 )

11.09 A Dried wheat gluten 255.52 105.52

29 . 4 . 76 Official Journal of the European Communities No L 112/27

Levies in u.a. /metric ton

Third countries CCT heading No Nomenclature in simplified wording (other than ACP ana ACP and OCT OCT)

11.09 B Wheat gluten, other than dried 255.52 105.52

17.02 B II a ) Glucose other than glucose containing, in the dry state, 99% or 142.20 62.20 more by weight of the pure product ('), in the form of white crystalline powder, whether or not agglomerated

102.69 47.69 17.02 B lib) Glucose and glucose syrup not containing, in the dry state, 99% or more by weight of the pure product (3), other than glucose in the form of white crystalline powder, whether or not agglomerated

142.20 62.20 17.05 B 1 Flavoured or coloured glucose, in the form of white crystalline powder, whether or not agglomerated

102.69 47.69 17.05 B II Flavoured or coloured glucose syrup, other than in the form of white crystalline powder, whether or not agglomerated

11.44 11.44 23.02 A 1 i ) Brans, sharps and other residues derived from the sifting, milling or working of maize or rice, with a starch content not exceeding 35 % by weight

18.30 18.30 23.02 A 1 b) Brans, sharps and other residues derived from the sifting, milling or working of maize or rice, with a starch content exceeding 35 % but not exceeding 45 % by weight, and having undergone a denaturing process

36-60 36-60 23.02 A I b) 2 Brans, sharps and other residues derived from the sifting, milling or working of maize or rice, with a starch content exceeding 35 % but not exceeding 45 % by weight, not having undergone a denaturing process, or with a starch content exceeding 45 % by weight

9.15 9.15 23.02 A II a ) Brans, sharps and other residues derived from the sifting, milling or working of cereals other than maize or rice, of which the starch content does not exceed 28 % by weight, and of which the percen­ tage which passes through a sieve with an aperture of 0*2 mm does not exceed 10% by weight or of which the sieved product has an ash content, calculated on the dry product, of 1*5% or more by weight

36-60 36-60 23.02 A II b ) Brans, sharps and other residues derived from the sifting, milling or working of cereals other than maize or rice, not falling within subheading No 23.02 A II a)

23.03 A I Residues from the manufacture of starch from maize (excluding 209.24 59.24 concentrated steeping liquors), of a protein content, calculated on the dry product, exceeding 40 % by weight

(') This levy is limited to 6 'It of the value for customs purposes . C) For the purpose of distinguishing between products falling within headings Nos 11.01 and 11.02 and those falling within subheading 23.02 A , products falling within headings Nos 11.01 and 11.02 shall be those meeting the following specifications : — a starch content ( determined by the modified Ewers polarimetric method), referred to dry matter , exceeding 45 '/• by weight — an ash content , by weight, referred to dry matter (after deduction of any added minerals), not exceeding 1-6 "/• for rice , 2*5 '/o for wheat , 3 •/• for barley, 4 •/• for buckwheat, J % for oats and 2 '/» for other cereals . Germ of cereals , whole, rolled , flaked or ground , falls in all cases within heading No 11.02 . (') Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading No 17.02 B I is subject to the same levy as products falling within subheading No 17.02 B II . (4) In accordance with Regulation (EEC) No 2755/75 this levy is reduced by 0-45 u.a. / 100 kg for products originating in Turkey . (5) In accordance with Regulation ( EEC) No 706/76 the levy shall not be charged on the following products originating in the countries and territories : — arrow-root falling within sub-heading ex 07.06 A — flours and meal of arrow-root falling within sub-headings ex 11.06 A , ex 11.06 B I and II — arrow-root starch falling within sub-heading ex 11.08 A V.