31977R2396

No L 279 / 14 Official Journal of the European Communities 1 . 11 . 77

COMMISSION REGULATION ( EEC) No 2396/77 of 28 October 1977 fixing the rates of the refunds applicable from 1 November 1977 to certain cereal and rice products exported in the form of goods not covered by Annex II to the Treaty

THE COMMISSION OF THE EUROPEAN Whereas, in accordance with the first subparagraph of COMMUNITIES, Article 4 ( 1 ) of Regulation (EEC) No 2682/72, the rate of the refund per 100 kilograms for each of the basic products in question must be fixed for each month ; Having regard to the Treaty establishing the European Economic Community, whereas, in accordance with paragraph 2 of that Article, that rate must be determined with particular reference to : Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiza­ (a) the average costs incurred by processing industries tion of the market in cereals (*), as last amended by in obtaining supplies of the basic products in ques­ Regulation (EEC) No 1386/77 (2), and in particular the tion on the Community market and the prices first sentence of the fourth subparagraph of Article 1 6 ruling on the world markets ; (2) thereof, (b) the level of the refunds on exports of processed agricultural products covered by Annex II to the Having regard to Council Regulation (EEC) No Treaty which are manufactured under similar 1418/76 of 21 June 1976 on the common organiza­ conditions ; tion of the market in rice (3), as amended by Regula­ tion (EEC) No 11 58/77 (4), and in particular the first (c) the need to ensure equality of competition for the sentence of the fourth subparagraph of Article 17 (2) industries which use Community products and thereof, those which use third-country products under inward processing arrangements ;

Whereas Article 16 ( 1 ) of Regulation (EEC) No Whereas Article 4 (3) of Regulation (EEC) No 2682/72 2727/75 and Article 17 ( 1 ) of Regulation (EEC) No provides that, when the rate of the refund is being 1418/76 provides that the difference between quota­ fixed, account should be taken, where appropriate, of tions of prices on the world market for the products production refunds, aids or other measures having listed in Article 1 of each of those Regulations and equivalent effect applicable in all Member States in the prices within the Community may be covered by accordance with the Regulation on the common an export refund ; organization of the market in the product in question to the basic products listed in Annex A to that Regula­ tion or to assimilated products ; whereas a production Whereas Council Regulation (EEC) No 2682/72 of 12 refund is granted in respect of common wheat, maize December 1972 laying down general rules for and broken rice under the conditions laid down in granting export refunds on certain agricultural Council Regulation (EEC) No 2742/75 of 29 October products exported in the form of goods not covered 1975 on production refunds in the cereals and rice by Annex II to the Treaty, and the criteria for fixing sectors (7), as last amended by Regulation (EEC) No the amount of such refunds (5), as last amended by 2139/77 (8) ; whereas, for the purposes of applying the Regulation (EEC) No 3138/76 (6), specifies the provisions of Article 4 (3) of Regulation (EEC) No* products for which a rate of refund should be fixed, to 2682/72, the amount of the production refund appli­ be applied where these products are exported in the cable during the month of exportation should be form of goods listed in Annex B to Regulation (EEC) taken into account ; No 2727/75 or in Annex B to Regulation (EEC) No 1418/76 as appropriate ; Whereas the measures provided for in this Regulation 0) OJ No L 281 , 1 . 11 . 1975, p. 1 . are in accordance with the opinion of the Manage­ (2) OJ No L 158 , 29 . 6. 1977, p. 1 . ment Committee for Cereals, (3) OJ No L 166, 25. 6 . 1976, p. 1 . (4) OJ No L 136, 2. 6. 1977, p. 13 . (5) OJ No L 289 , 27. 12. 1972, p. 13 . O OJ No L 281 , 1 . 11 . 1975, p. 57. (<•) OJ No L 354, 24. 12. 1976, p. 1 . (8) OJ No L 249, 30 . 9 . 1977, p. 1 .

1 . 11 . 77 Official Journal of the European Communities No L 279/ 15

HAS ADOPTED THIS REGULATION : exported in the form of goods listed in Annex B to Regulation (EEC) No 2727/75 or in Annex B to Regu­ Article 1 lation (EEC) No 1418/76 respectively, are hereby fixed as shown in the Annex to this Regulation. The rates of the refunds applicable from 1 November 1977 to the basic products appearing in Annex A to Article 2 Regulation (EEC) No 2682/72 and listed either in Article 1 of Regulation (EEC) No 2727/75 or in This Regulation shall enter into force on 1 November Article 1 (1 ) of Regulation (EEC) No 1418/76, 1977.

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

Done at Brussels, 28 October 1977.

For the Commission fitienne DAVIGNON

Member of the Commission

ANNEX

to the Commission Regulation of 28 October 1977 fixing the rates of the refunds appli­ cable from 1 November 1977 to certain cereal and rice products exported in the form of goods not covered by Annex II to the Treaty

(u.a./ 100 kg) CCT heading Rate of refund No Description of products

10.01 A Common wheat, and mesiin (mixed wheat and rye) : — For the manufacture of starch 6-450 — Other than for the manufacture of starch 7-991 10.01 B Durum wheat 10-940 10.02 Rye 6-830 10.03 Barley 6-791 10.04 Oats 5-932 10.05 B Maize, other than hybrid maize for sowing : — For the manufacture of starch 6-399 — Other than for the manufacture of starch 7-289 10.06 A II Round grain husked rice 6-555 Long grain husked rice 10-396 10.06 B II Round grain wholly milled rice 8-458 Long grain wholly milled rice 15-067 10.06 C Broken rice : — For the manufacture of starch 4-568 — Other than for the manufacture of starch 5-991 11.01 A Wheat or mesiin flour 10-045 11.01 B Rye flour 10-569 1 1.02 A I a) Durum wheat groats and meal 16-957 1 1.02 A I b) Common wheat groats and meal 10-045