31976R2140

No L 240 / 12 Official Journal of the European Communities 1 . 9 . 76

COMMISSION REGULATION ( EEC) No 2140/ 76 of 31 August 1976 fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN rice (6), as amended by Regulation (EEC) No COMMUNITIES , 832/76 ( 7), 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 Whereas, on the basis of the criteria laid down in 2727/75 of 29 October 1975 on the common organiza­ Regulation (EEC) No 2744/75, particular account tion of the market in cereals ('), as last amended by should be taken of the prices and quantities of basic Regulation (EEC) No 1 143/76 (2), and in particular the products used to calculate the variable component of first sentence of the fourth subparagraph of Article 16 the levy ; whereas, therefore, as is laid down for the (2) thereof ; determination of the variable component, account should be taken of the average of the levies on the Having regard to Council Regulation (EEC) No basic products concerned during a representative 1418/76 of 21 June 1976 on the common organiza­ period, namely the first 25 days of the month tion of the market in rice (3), and in particular the preceding the month of exportation ; whereas this fourth subparagraph of , Article 17 (2) 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 (8), as amended by Regulation Whereas Article 16 of Regulation (EEC) No 2727/75 (EEC) No 2764/71 (9), provide that the amount of the and Article 17 of Regulation (EEC) No 1418 /76 export refund should, for certain products, be reduced provide that the difference between quotations or by an amount equal to the production refund granted prices on the world market for the products listed in in respect of the basic product ; Article 1 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 of 29 October 1 975 (4), and Article 2 of export refund should be fixed at an amount which Council Regulation (EEC) No 1431 /76 of 21 June will cover the difference between Community prices 1 976 (5) laying down general rules for granting export and world market prices ; refunds on cereals and rice respectively and criteria for fixing the amount of such refunds, provide that when refunds are being fixed account must be taken of the Whereas when the refund is being calculated account should be taken of the quantities of raw materials existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice used to determine the variable component of the levy ; whereas the quantities of raw materials used for on the Community market on the one hand and prices for cereals, rice and broken rice on the world certain processed products may vary according to the market on the other ; whereas the same Articles end use of the product ; whereas, depending on the provide that it is also important to ensure equilibrium manufacturing process used , products other than the main product are obtained, the quantity and value of and the natural development of prices and trade on the markets in cereals and rice and , furthermore, to which may vary with the nature and quality of the take into account the economic aspect of the main products being manufactured ; whereas cumula­ tion of the refunds on the various products manufac­ proposed exports, and the need to avoid disturbances on the Community market ; tured by a single process from the same basic product may make it possible, in certain cases, to export to Whereas Article 6 of Council Regulation ( EEC) No third countries at prices which are lower than world 2744/ 75 of 29 October 1975 on the import and export market prices ; whereas the refund on certain products should therefore be limited to an amount which , system for products processed from cereals and from while allowing access to the world market, will ensure (') OJ No L 281 , 1 . 11 . 1975, p . 1 . (2) OJ No L 130 . 19 . 5 . 1976, p . 1 . (<>) OJ No L 281 , 1 . 11 . 1975, p . 65 . (3) OJ No L 166, 25 . 6 . 1976, p . 1 . ( 7) OJ No L 100, 14. 4 . 1976, p. 1 . (4 ) OJ No L 281 , 1 . 11 . 1975, p . 78 . (8) OJ No L 181 , 27 . 7 . 1968 , p . 1 . (5) OJ No L 166, 25 . 6 . 1976, p . 36 . (») OJ No L 283 , 24 ; 12 . 1971 , p . 30.

1 . 9 . 76 Official Journal of the European Communities No L 240 / 13

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 ; 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 these currencies recorded for a given period, in of the ash, crude fibre, tegument, protein , fat and 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 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 (EEC) No 1418/76 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 September relation to each other, at any given moment, 1976 .

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

Done at Brussels , 31 August 1976 . - For the Commission

P.J. LARDINOIS Member of the Commission

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

No L 240/ 14 Official Journal of the European Communities 1 . 9 . 76

ANNEX

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

11.01 C (I) Barley flour,- of an ash content, referred to dry matter, not exceeding 0-9 °/o by 29-97 weight and of a crude fibre content, referred to dry mattet, not exceeding 0-9 °/o 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 °/o by 25-61 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 41-45 weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by weight 11.01 E ( II) Maize flour, of a fat content, referred to dry matter, exceeding 1-3 °/o but not 35-53 exceeding 1-7°/o 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) 25-76

11.01 F Rice flour 56-78

11.02 A III ( a ) Barley groats and meal, of an ash content, referred to dry matter, not exceeding 30-97 1% by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 %> by weight 11.02 A III (h) Barley groats and meal not included under No 11.02 A III (a) 0

11.02 AIV ( a ) Oat groats and meal, of an ash content, referred to dry matter, not exceeding 25-61 2-3 °/o 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 1 1 .02 A V ( a) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 53-30 0-9 % by weight and a crude fibre content, referred to dry matter, not exceeding 0-6 % by weight i 1 )

11.02 A V (b ) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 41-45 1-3 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by weight (') 11.02 A V (c) Maize groats and meal, of a fat content, referred to dry matter, exceeding 35-53 1-3 % by weight but not exceeding 1-7 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 1 Ό % weight ( x ) 11.02 A VI Rice groats and meal 56-78 11.02 B I a ) 1 ( aa ) Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not 29-97 exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight (2) 11.02 B I a) 1 (bb ) Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (*) 0 Clipped oats — 11.02 B I a) 2 ( aa ) 11.02 B I a) 2 bb ) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not 22-77 exceeding 2·3 °/o 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) 1 1.02 B I a) 2 bb) (22) Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (■) 0

1 . 9 . 76 Official Journal of the European Communities No L 240/ 15

Number Refund in in nomenclature Nomenclature in simplified wording u.a. /metric ton u*ed for refunds (third countrie»)

11.02 B I b ) 1 ( aa) Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 29-97 exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o by weight (' Grütze' or ' Grutten') (*) 0 1 1.02 B I b ) 1 (bb ) Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa) ('Grütze' or ' Grutten') (2) 24-19 11.02 B I b ) 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 °/o, of a moisture content not exceeding 11 °/o and of which the Peroxydase is virtually inactivated (' Grütze' or ' Grutten') (2 )

11.02 B I b ) 2 ( bb ) Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa) 0 ('Grütze' or ' Grutten') (2 ) 11.02 B II a) ( 1 ) Hulled (shelled or husked) wheat, not sliced or kibbled (*) 0

11.02 C III (a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by 39-96 weight (without talc) — 1st category (3) 11.02 C III ( b ) 31-97 Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by weight (without talc) — 2nd category (') 11.02 C IV 0 Pearled oats (')

11.02 D II — Rye not otherwise worked than kibbled 11.02 E I b ) 1 ( aa) 29-97 Flaked oats, of an ash content, referred to dry matter, not exceeding 1 e/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 °/o by weight

11.02 E I b ) 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 */o by 28-46 weight, of a tegument content not exceeding 0-1 °/o, of a moisture content not exceeding 12 % and of which the Peroxydase is virtually inactivated

11,012 E I b) 2 (bb ) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 ®/o by 22-77 weight, of a tegument content exceeding 0-1 °/o 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 47-38 weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 °/o by weight 38-49 ex 11.02 E II c) (2) Flaked maize, of a fat content, referred to dry matter, not exceeding 1·3 e/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 exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 °/o weight 11.02 E II e) 1 Flaked rice 56-78

11.02 F III — Barley pellets 11.02 F IV — Oat pellets

11.02 F V — Maize pellets 11.02 G I 10-89 Wheat germ, whole, rolled, flaked or ground 11.02 G II Gem of cereals other than wheat, whole, rolled, flaked or ground 7-40 11.07 A I a) Unroasted malt, obtained from wheat, in the form of flour 77-50

No L 240/16 Official Journal of the European Communities 1 . 9 . It

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

11.07 A I b) Unroasted malt, obtained from wheat, other than in the form of flour 57-91 11.07 A Π a) Unroasted malt, other than that obtained from wheat, in the form of flour 40-15

11.07 A II b) Unroasted malt, other than that obtained from wheat, other than in the form 30-00 of flour 11.07 B Roasted malt 34-96

11.08 AI Maize starch 25-13 11.08 A II Rice starch 55-28

11.08 AIII Wheat starch 51-79 11.08 AIV Potato starch 25-13

11.08 AV Starches other than maize, rice, wheat, or potato starch 25-13 11.09 A Dried wheat gluten, of a protein content, referred to dry matter, not exceeding 94-16 82 % by weight (N X 6-25 ) 17.02 B II a) Glucose other than glucose containing, in the dry state, 99 e/o or more by weight 32-78 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 % or more by 25-13 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 32-78 or not agglomerated 17.05 B II Flavoured or coloured glucose and glucose syrup, other than in the form of 25-13 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 maize or rice of a starch content not exceeding 35 %> by weight

23.02 A I b) 2 Brans, sharps and other residues derived from the sifting, milling or working of 0 maize or rice, of a starch content exceeding 35 °/o 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 0 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 °/o by weight 23.02 A II b) Brans, sharps and other residues derived from the sifting, milling or working of 0 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 31-22 steeping liquors ), of a protein content, calculated on dry matter, not exceeding 63 % by weight (N X 6-25 )

O 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. t. IMS, p. 46). (*) 'Pearled grain*' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. (. 1961 , 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 Mibheading 17.02 B II .