31976R2371

No L 268/ 12 Official Journal of the European Communities 1 . 10 . 76

COMMISSION REGULATION (EEC) No 2371 /76

of 30 September 1976 fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN 832/76 (7), defines the specific criteria to be taken into COMMUNITIES, account when the refund on these products is being calculated ; Having regard to the Treaty establishing the European Economic Community, Whereas, on the basis of the criteria laid down in Having regard to Council Regulation (EEC) No Regulation (EEC) No 2744/75, particular account 2727/75 of 29 October 1975 on the common organiza­ should be taken of the prices and quantities of basic tion of the market in cereals ('), as last amended by products used to calculate the variable component of Regulation (EEC) No 1 143/76 (2), and in particular the the levy ; whereas, therefore, as is laid down for the fourth subparagraph of Article 1 6 (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 1975 (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 existing situation and the future trend with regard to should be taken of the quantities of raw materials prices and availabilities of cereals, rice and broken rice used to determine the variable component of the on the Community market on the one hand and levy ; whereas the quantities of raw materials used for 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 and the natural development of prices and trade on main product are obtained, the quantity and value of 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 proposed exports, and the need to avoid disturbances tion of the refunds on the various products manufac­ 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 system for products processed from cereals and from should therefore be limited to an amount which, rice (6), as amended . by Regulation (EEC) No while allowing access to the world market, will ensure that the aims of the common organization of the (') OJ No L 281 , 1 . II . 1975, p. 1 . markets are respected ; 2) OJ No L 130 . 19 . 5 . 1976, p. 1 . / (3) OJ No L 166, 25. 6 . 1976, p . 1 . (") OJ No L 281 , 1 . 11 . 1975, p . 78 . (7) OJ No L 100, 14. 4 . 1976, p. 1 . (5 OJ No L 166, 25 . 6. 1976, p . 36. (8) OJ No L 181 , 27 . 7 . 1968 , p. 1 . (6) OJ No L 281 , 1 . 11 . 1975, p. 65 . (9) OJ No L 283, 24 . 12, 1971 , p. 30 .

1 . 10 . 76 Official Journal of the European Communities No L 268 / 13

Whereas the refund to be granted in respect of certain within a band of 2-25 % , a rate of exchange based processed products should be graduated on the basis on their effective parity ; of the ash, crude fibre, tegument, protein, fat and — for other currencies an exchange rate based on the starch content of the individual product concerned, arithmetic mean of the spot market rates of each this content being a particularly good indicator of the of these currencies recorded for a given period, in quantity of basic product actually incorporated in the relation to the Community currencies referred to processed product ; in the previous subparagraph ;

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

Whereas the world market situation or the specific requirements of certain markets may make it neces­ Article 1 sary to vary the refund for certain products according to destination ; The expbrt refunds on the products listed in Article 1 (d) of Regulation (EEC) No 2727/75 and in Article 1 Whereas Regulation (EEC) No 2806/71 ( 1) lays down ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to additional rules for granting export refunds for certain Regulation (EEC) No 2744/75 are hereby fixed as products processed from cereals and rice ; shown in the Annex to this Regulation.

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 October 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, 30 September 1976.

For the Commission

P.J. LARDINOIS

Member of the Commission

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

No L 268/ 14 Official Journal of the European Communities 1 . 10. 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 24-75 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 °/o by 33-41 weight, of a crude fibre content, referred to dry matter, not exceeding 1*8 °/o by weight, of a moisture content not exceeding 11 °/o 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 42-68 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 36-58 exceeding 1 -7 % 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) 26-52

11.01 F Rice flour 61-17

11.02 A III ( a) Barley groats and meal, of an ash content, referred to dry matter, not exceeding 25-57 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 AIV ( a) Oat groats and meal, of an ash content, referred to dry matter, not exceeding 33-41 2*3 °/o by weight, of a tegument content not exceeding 0-1 °/o, 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

11.02 A V (a) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 60-97 0*9 % 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 47-42 1-3 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by weight (J)

11.02 A V (c) Maize groats and meal, of a fat content, referred to dry matter, exceeding 40-64 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 (*)

11.02 A VI Rice groats and meal 61-17

11.02 B I a) 1 ( aa) Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not 24-75 exceeding 1 %> by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 p/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 ) Hulled (shelled or husked ) oats, of an ash content, referred to dry matter, not 29-69 exceeding 2·3 % 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 (*)

1 1.02 B I «) 2 bb) (22) Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (·) 0

1 . 10. 76 Official Journal of the European Communities No L 268/ 15

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

11.02 B I b ) 1 (aa) Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 24-75 exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight ('Grütze' or 'Grutten') (*)

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) 0 ('Grütze' or 'Grutten') (2)

Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not 31-55 11.02 B I b ) 2 (aa ) exceeding 2-3 %> 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 ('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 32-99 weight (without talc) — 1st category (8)

11.02 C III (b) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 ·/» by 26-40 weight (without talc) — 2nd category (')

11.02 C IV Pearled oats (') 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 24-75 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 e/o by 37-12 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 29-69 weight, of a tegument content exceeding 0·1 °/o but not exceeding 1*5 %, of a moisture content not exceeding 12®/o 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 48-77 weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 °/o by weight

ex 11.02 E II c) (2) Flaked maize, of a fat content, referred to dry matter, not exceeding 1*3 % by 39-63 weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 °/o by weight

ex 11.02 E II c) (3) Flaked maize, of a fat content, referred to dry matter, exceeding 1*3 ®/o but not — exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 °/e weight

11.02 E II e) i Flaked rice 61-17

11.02 F III — Barley pellets

11.02 F IV Oat pellets —

11.02 F V — Maize pellets

11.02 G I 12-56 Wheat germ, whole, rolled, flaked or ground

11.02 G II Gem of cereals other than wheat, whole, rolled, flaked or ground 7-62

11.07 A I a) Unroasted malt, obtained from wheat, in the form of flour 66-59

No L 268/ 16 Official Journal of the European Communities 1 . 10 . 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 Aïïa) Unroasted malt, other than that obtained from wheat, in the form of flour 29-37

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 25-58

11.08 A I Maize starch 31-99

11.08 A II Rice starch 71-32

11.08 A III Wheat starch 78-85

11.08 AIV Potato starch 31-99

11.08 A V Starches other than maize, rice, wheat, or potato starch 31-99

11.09 A Dried wheat gluten, of a protein content, referred to dry matter, not exceeding 143-36 82 °/o by weight (N X 6-25 )

17.02 B II a) Glucose other than glucose containing, in the dry state, 99 % or more by weight 41-73 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 % or more by 31-99 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 41-73 or not agglomerated

17.05 B II Flavoured or coloured glucose and glucose syrup, other than in the form of 31-99 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 % 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 39-74 steeping liquors), of a protein content, calculated on dry matter, not exceeding 63 % by weight (N X 6-25)

C) 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. (. Ml, p. 40 . (*) 'Pearled grain*' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149 , 29 . t. IMS . P- 4«). (*) Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading 17.02 B I enjoys the same export refund as the sroduct falling within aubheading 17.02 B II.