31976R1000

No L 115/ 18 1 . 5 . 76 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1000/76

of 30 April 1976

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, 2744/75 of 29 October 1975 on the import and export system for products processed from cereals and from Having regard to the Treaty establishing the European rice (8), defines the specific criteria to be taken into Economic Community, account when the refund on these products is being calculated ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals (1), as amended by Regula­ Whereas, on the basis of the criteria laid down in tion (EEC) No 3058/75 (*), and in particular the first Regulation (EEC) No 2744/75, particular account sentence of the fourth subparagraph of Article 16 (2) should be taken of the prices and quantities of basic 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 359/67/EEC determination of the variable component, account of 25 July 1967 on the common organization of the should be taken of the average of the levies on the market in rice (3), as last amended by Regulation basic products concerned during a representative (EEC) No 668/75 (4), 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 these basic products which will be in force during the Having regard to the opinion of the Monetary month of exportation ; whereas Article 8 of Regula­ Committee, tion (EEC) No 2744/75 and Article 1 of Regulation (EEC) No 1077/68 (9), as amended by Regulation Whereas Article 16 of Regulation (EEC) No 2727/75 (EEC) No 2764/71 ( 10), provide that the amount of the and Article 17 of Regulation No 359/67/EEC provide export refund should, for certain products, be reduced that the difference between quotations or prices on by an amount equal to the production refund granted the world market for the products listed in Article 1 in respect of the basic product ; of those Regulations and prices for those products within the Community may be covered by an export refund ; Whereas it follows from applying these rules and criteria to the present situation on the market in Whereas Article 2 of Council Regulation (EEC) No products processed from cereals and rice that the 2746/75 (5) of 29 October 1975, and Article 2 of export refund should be fixed at an amount which Council Regulation No 366/67/EEC of 25 July 1967 will cover the difference between Community prices laying down general rules for granting export refunds and world market prices ; on cereals and rice respectively and criteria for fixing the amount of such refunds (6), as last amended by Regulation (EEC) No 478/75 (7), provide that when Whereas when the refund is being calculated account refunds are being fixed account must be taken of the should be taken of the quantities of raw materials existing situation and the future trend with regard to used to determine the variable component of the prices and availabilities of cereals, rice and broken rice levy ; whereas the quantities of raw materials used for on the Community market on the one hand and certain processed products may vary according to the prices for cereals, rice and broken rice on the world end use of the product ; whereas, depending on the market on the other ; whereas the same Articles manufacturing process used, products other than the provide that it is also important to ensure equilibrium main product are obtained, the quantity and value of and the natural development of prices and trade on which may vary with the nature and quality of the the markets in cereals and rice and, furthermore , to main products being manufactured ; whereas cumula­ take into account the economic aspect of the tion of the refunds on the various products manufac­ proposed exports, and the need to avoid disturbances tured by a single process from the same basic product on the Community market ; 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 L 306, 26. 11 . 1975, p. 3 . should therefore be limited to an amount which, (>) OJ No 174, 31 . 7. 1967, p. 1 . (4) OJ No L 72, 20 . 3 . 1975, p. 18 . (5) OJ No L 281 , 1 . 11 . 1975, p. 78 . (8) OJ No L 281 , 1 . 11 . 1975, p. 65. (<>) OJ No 174, 31 . 7. 1967, p. 34. O OJ No L 181 , 27. 7 . 1968 , p. 1 . (7) OJ No L 52, 28 . 2. 1975, p. 34. 0°) OJ No L 283, 24. 12. 1971 , p. 30 .

• 1 . 5 . 76 No L 115/ 19 Official Journal of the European Communities

while allowing access to the world market, will ensure — in the case of currencies which are maintained in that the aims of the common organization of the relation to each other, at any given moment, markets are respected ; within a band of 2-25 % , a rate of exchange based on their effective parity ; Whereas the refund to be granted in respect of certain — for other currencies an exchange rate based on the processed products should be graduated on the basis arithmetic mean of the spot market rates of each of the ash, crude fibre, tegument, protein, fat and of these currencies recorded for a given period, in starch content of the individual product concerned, relation to the Community currencies referred to this content being a particularly good indicator of the in the previous subparagraph ; quantity of basic product actually incorporated in the processed product ; Whereas the refund must be fixed once a month ; 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 of potential exports and in particular the nature and ment Committee for Cereals, 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 ; Article 1 Whereas the world market situation or the specific requirements of certain markets may make it neces­ The export refunds on the products listed in Article 1 sary to vary the refund for certain products according (d) of Regulation (EEC) No 2727775 and in Article 1 to destination ; ( 1 ) (c) of Regulation No 359/67/EEC and subject to Regulation (EEC) No 2744/75 are hereby fixed as Whereas Regulation (EEC) No 2806/71 (') lays down shown in the Annex to this Regulation . additional rules for granting export refunds for certain products processed from cereals and rice ; Article 2 Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis : 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, 30 April 1976.

For the Commission

P.J. LARDINOIS

Member of the Commission

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

No L 115 /20 Official Journal of the European Communities 1 . 5 . 76

ANNEX

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

1 1.01 C (I) Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by 48.11 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 58.41 weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 %> 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 55.47 weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by weight

11.01 E (II) 47.54 Maize flour, 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 %> by weight

11.01 E (III) Maize flour not included under No 11.01 E (I) and (II) 34.47

11.01 F Rice flour 34.33

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 49.71 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 %> 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 58.41 2-3 % by weight, of a tegument content not exceeding 0-1 %, of a moisture content not exceeding 11 % 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

tl.02 A V ( a) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 71.32 0-9 % by weight and a crude fibre content, referred to dry matter, not exceeding 0-6 %> by weight (*)

11.02 A V (b ) 55.47 Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1*3 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by weight (1 )

11.02 A V (c) Maize groats and meal, of a fat content, referred to dry matter, exceeding 47.54 1-3 % by weight but not exceeding 1-7% 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 34.33

11.02 B I a) 1 ( aa ) Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not 48.11 exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight (z)

0 11.02 B I a) 1 (bb ) Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (•)

11.02 B I a) 2 ( aa) Clipped oats

11.02 B I a) 2 bb) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not 51.92 exceeding 2-3 % by weight, of a tegument content not exceeding 0-5 % of a moisture content not exceeding 11 % and of which the peroxydase is virtually inactivated (2 )

\ l.02B I a) 2 bb) (22) Hulled (shelled or husked ) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (•) 0

1 . 5 . 76 Official Journal of the European Communities No L 115/21

Number Refund in in nomenclature Nomenclature in simplified wording u.a./metric ton 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 48.11 exceeding 1 %> by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight (' Grütze' or 'Grutten') (2)

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)

55.17 11.02 Bib ) 2 (aa) Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not 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 ) 0 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 (s) 0

11.02 C III ( a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 64.14 weight (without talc) — 1st category ( 3)

11.02 C III (b ) 51.31 Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by weight (without talc) — 2nd category (s)

11.02 C IV Pearled oats (3) 0

11.02 D II Rye not otherwise worked than kibbled

11.02 E I b) 1 (aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by 48.11 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 64.90 weight, of a tegument content not exceeding 0-1 %>, of a moisture content not exceeding 12 % and of which the peroxydase is virtually inactivated

11,012 E lb ) 2 (bb ) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by 51.92 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 lie) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by 63.39 weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 % by weight

51.51 ex 11.02 E II c) (2) Flaked maize, of a fat content, referred to dry matter, not exceeding 1*3 % 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 exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % weight

11.02 E II e) i Flaked rice 34.33

11.02 F III Barley pellets

11.02 F IV Oat pellets

11.02 FV Maize pellets

11.02 G I 10.67 Wheat germ, whole, rolled, flaked or ground

11.02 G II 9.91 Germ of cereals other than wheat, whole, rolled, flaked or ground

11.07 A It) Unroasted malt, obtained from wheat, in the form of flour

No L 115/22 Official Journal of the European Communities 1 . 5 . 76

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

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

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

I.1.07 A II h) Unroasted malt, other than that obtained from wheat, other than in the form of flour

II.07 B Roasted malt

11.08 A I Maize starch 47.69

11.08 All Rice starch 30.54

11.08 A III Wheat starch 58.04

11.08 A IV Potato starch 47.69

11.08 A V Starches other than maize, rice, wheat, or potato starch 47.69

11.09 A Dried wheat gluten, of a protein content, referred to dry matter, not exceeding 105.52 82 °/o by weight (N X 6-25 ) 62.20 17.02 B II a) Glucose other than glucose containing, in the dry state, 99 °/o or more by weight 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 47.69 weight of the pure product, other than glucose in the form of white crystalline powder, whether or not agglomerated (4)

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

17.05 B II Flavoured or coloured glucose and glucose syrup, other than in the form of 47.69 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 9.15 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 9.15 maize or rice, of a starch content exceeding 35 % 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 9.15 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 ) Brans, sharps and other residues derived from the sifting, milling or working 9.15 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 ) 9.15 Brans, sharps and other residues derived from the sifting, milling or working of 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 59.24 steeping liquors), of a protein content, calculated on dry matter, not exceeding 63 °/o by weight (N X 6-25 ) V

(') 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. 1968, p. 46). O 'Pearled 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). (4) 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 .