31977R2978

31 . 12 . 77 Official Journal of the European Communities No L 351 / 15

COMMISSION REGULATION ( EEC) No 2978 / 77 of 29 December 1977 fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN 2560/77, 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 2560/77 (2), and in particular the the levy ; whereas Article 8 of Regulation (EEC) No fourth subparagraph of Article 16 (2) thereof, 2744/75 and Article 1 of Regulation (EEC) No Having regard to Council Regulation (EEC) No 1077/68 (8), as amended by Regulation (EEC) No 1418/76 of 21 June 1976 on the common organiza­ 2764/71 (9), provide that the amount of the export tion of the market in rice (3), as amended by Regula­ refund should, for certain products, be reduced by an tion (EEC) No 1 158/77 (4), and in particular the fourth amount equal to the production refund granted in subparagraph of Article 17 (2) thereof, respect of the basic product ;

Having regard to the opinion of the Monetary Committee, Whereas it follows from applying these rules and criteria to the present situation on the market in Whereas Article 16 of Regulation (EEC) No 2727/75 products processed from cereals and rice that the and Article 17 of Regulation (EEC) No 1418/76 export refund should be fixed at an amount which provide that the difference between quotations or will cover the difference between Community prices prices on the world market for the products listed in and world market prices ; Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund ; Whereas when the refund is being calculated account Whereas Article 2 of Council Regulation (EEC) No should be taken of the quantities of raw materials 2746/75 of 29 October 1975 (5), and Article 2 of used to determine the variable component of the Council Regulation (EEC) No 1431 /76 of 21 June levy ; whereas the quantities of raw materials used for 1976 (6) laying down general rules for granting export certain processed products may vary according to the refunds on cereals and rice respectively and criteria for end use of the product ; whereas, depending on the fixing the amount of such refunds, provide that when manufacturing process used, products other than the refunds are being fixed account must be taken of the main product are obtained, the quantity and value of existing situation and the future trend with regard to which may vary with the nature and quality of the prices and availabilities of cereals, rice and broken rice main products being manufactured ; whereas cumula­ on the Community market on the one hand and tion of the refunds on the various products manufac­ prices for cereals, rice and broken rice on the world tured by a single process from the same basic product market on the other ; whereas the same Articles may make it possible, in certain cases, to export to provide that it is also important to ensure equilibrium third countries at prices which are lower than world and the natural development of prices and trade on market prices ; whereas the refund on certain products the markets in cereals and rice and, furthermore, to should therefore be limited to an amount which, take into account the economic aspect of the while allowing access to the world market, will ensure proposed exports, and the need to avoid disturbances that the aims of the common organization of the on the Community market ; markets are respected ;

Whereas Article 6 of Council Regulation ( EEC) No 2744/75 of 29 October 1975 on the import and export Whereas the refund to be granted in respect of certain system for products processed from cereals and from processed products should be graduated on the basis rice (7), as last amended by Regulation (EEC) No of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . this content being a particularly good indicator of the (2) OJ No L 303 , 28 . 11 . 1977, p. 1 . quantity of basic product actually incorporated in the (3) OJ No L 166, 25. 6 . 1976, p. 1 . processed product ; (4) OJ No L 136, 2. 6 . 1977, p. 13 . (5) OJ No L 281 , 1 . 11 . 1975, p. 78 . (6) OJ No L 166, 25 . 6. 1976, p. 36. (8) OJ No L 181 , 27 . 7 . 1968 , p. 1 . 7 OJ No L 281 , 1 . 11 . 1975, p. 65. (9) OJ No L 283 , 24. 12. 1971 , p. 30 .

No L 351 / 16 Official Journal of the European Communities 31 . 12 . 77

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

Whereas Regulation (EEC) No 2806/71 ( !) lays down Article 1 additional rules for granting export refunds for certain products processed from cereals and rice ; The export refunds on the products listed in Article 1 (d) of Regulation (EEC) No 2727/75 and in Article 1 Whereas, if the refund system is to operate normally, ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to refunds should be calculated on the following basis : Regulation (EEC) No 2744/75 are hereby fixed as — in the case of currencies which are maintained in shown in the Annex to this Regulation . relation to each other at any given moment within a band of 2-25 % , a rate of exchange based on Article 2 their effective parity ; — for other currencies, an exchange rate based on the This Regulation shall enter into force on 1 January 1978 . arithmetic mean of the spot market rates of each

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

Done at Brussels, 29 December 1977 .

For the Commission

Finn GUNDELACH Vice-President

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

31 . 12 . 77 Official Journal of the European Communities No L 351 / 17

ANNEX

to the Commission Regulation of 29 December 1977 fixing the export refunds on products processed from cereals and rice (u.a.ltonne)

Number in nomenclature Nomenclature in simplified wording Refund used for refunds

11.01 C (I ) Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 °/o by 101-00 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) u

11.01 D (I) Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 % by 100-4U 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) u

11.01 E (I) Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 % by 91-98 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 % but not 78-8f 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 ) 57-lo

11.01 F Rice flour 65-66 11.02 A III ( a) Barley groats and meal, of an ash content, referred to dry matter, not exceeding 104-36 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 AIV ( a) Oat groats and meal , of ari ash content, referred to dry matter, not exceeding 100-40 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

11.02 A V (a) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 131-40 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 91-98 1-3 % by weight and of a crude fibre content, referred to dry matter, not1 exceeding 0-8 % by weight (*)

11.02 A V (c) Maize groats and meal , of a fat content, referred to dry matter, exceeding 78-84 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 H

11.02 A VI Rice groats and meal 65-66

11.02 B I a) 1 (aa) Hulled ( shelled or husked ) barley, of an ash content, referred to dry matter, not 101-00 exceeding 1 % 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) (2) 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 89-25 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)

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

No L 351 / 18 Official Journal of the European Communities 31 . 12 . 77

(u.a . ¡tonne)

Number in nomenclature Nomenclature in simplified wording Refund used for refunds

11.02 B I b) 1 ( aa) Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 101-00 exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight ('Grütze' or 'Grutten') (2) Q 11.02 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) 94-83 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 % , of a moisture content not exceeding 11 % and of which the peroxydase is virtually inactivated ('Grütze' or ' Grutten') (2) 0 11.02 B I b) 2 (bb) Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa) ('Grütze' or ' Grutten') (2 )

Hulled (shelled or husked ) wheat, not sliced or kibbled (2) 0 - 11.02 B II a) ( 1 ) 11.02 C III ( a ) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 134-66 weight (without talc) — 1st category (3) 107-73 11.02 C III (b) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by weight (without talc) — 2nd category (3) 11.02 C IV 0 Pearled oats (3)

— 11.02 D II Rye not otherwise worked than kibbled 101-00 11.02 E I b) 1 ( aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % 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 % by 111-56 weight, of a tegument content not exceeding 0-1 % , of a moisture content not exceeding 12 % and of which the peroxydase is virtually inactivated

11.02 E I b ) 2 (bb) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by 89-25 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 II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by 105-12 weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 % by weight 85-41 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 Flaked rice 65-66 11.02 E II d) 1

— 11.02 F III Barley pellets

— 11.02 F IV Oat pellets

11.02 F V Maize pellets —

11.02 G I Wheat germ, whole, rolled, flaked or ground 19-40

11.02 G II Germ of cereals other than wheat, whole, rolled, flaked or ground 16-43

31 . 12 . 77 Official Journal of the European Communities No L 351 / 19

(u.a.itonnc,

Number in nomenclature Nomenclature in simplified wording Refund used for refunds

11.08 AI Maize starch 90-16

11.08 A II Rice starch 72-85

11.08 AIII Wheat starch 136-16

11.08 A IV Potato starch 90-16

11.08 A V Starches other than maize , rice, wheat, or potato starch 90-16

11.09 A Dried wheat gluten , of a protein content, referred to dry matter, not exceeding 123-78 82 % 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 117-60 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 90-16 weight of the pure product, other than glucose in the form of white crystalline powder, whether or not agglomerated (4 ) 21.07 F II 90-16 Flavoured or coloured glucose and glucose syrup, other than in the form of 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 18-72 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 18-72 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 % by weight and having undergone denaturing process 23.02 A II a) Brans, sharps and other residues derived from the sifting, milling or working of 18-72 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) Brans, sharps and other residues derived from the sifting, milling or working of 18-72 cereals other than maize or rice, not included under No 23.02 A II a) 23.03 A I 112-00 Residues from the manufacture of starch from maize (excluding concentrated steeping liquors ), of a protein content, calculated on dry matter, not exceeding 63 % by weight (N X 6-25 )

(') The export refund is paid in respect of maize , groats and meal : — of which a percentage not exceeding 30 °/o passes through a sieve with an aperture of 315 microns , — of which a percentage not exceeding 5 % 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). (') ' Pearled 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). (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 .