31978R0875

29 . 4 . 78 Official Journal of the European Communities No L 117/9

COMMISSION REGULATION ( EEC) No 875/ 78

of 28 April 1978

fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN 2560/77 (7), defines the specific criteria to be taken COMMUNITIES , into 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 ( J ), as last amended by products used to calculate the variable component of Regulation ( EEC) No 709 /78 (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 1077/68 (8), as amended by Regulation (EEC) No Having regard to Council Regulation (EEC) No 2764/71 (9), provide that the amount of the export 1418 /76 of 21 June 1976 on the common organiza­ refund should, for certain products, be reduced by an tion of the market in rice (3), as last amended by Regu­ amount equal to the production refund granted in lation (EEC) No 709/78 , and in particular the fourth respect of the basic product ; subparagraph of Article 17 (2) thereof,

Having regard to the opinion of the Monetary Whereas it follows from applying these rules and Committee , criteria to the present situation on the market in products processed from cereals and rice that the Whereas Article 16 of Regulation ( EEC) No 2727/75 export refund should be fixed at an amount which and Article 17 of Regulation (EEC) No 1418/76 will cover the difference between Community prices provide that the difference between quotations or and world market prices ; prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by Whereas when the refund is being calculated account an export refund ; should be taken of the quantities of raw materials used to determine the variable component of the Whereas Article 2 of Council Regulation (EEC) No levy ; whereas the quantities of raw materials used for 2746/75 of 29 October 1975 (4), and Article 2 of certain processed products may vary according to the Council Regulation (EEC) No 1431 /76 of 21 June end use of the product ; whereas, depending on the 1976 (5 ) laying down general rules for granting export manufacturing process used, products other than the refunds on cereals and rice respectively and criteria for main product are obtained, the quantity and value of fixing the amount of such refunds, provide that when which may vary with the nature and quality of the refunds are being fixed account must be taken of the main products being manufactured ; whereas cumula­ existing situation and the future trend with regard to tion of the refunds on the various products manufac­ prices and availabilities of cereals , rice and broken rice tured by a single process from the same basic product on the Community market on the one hand and may make it possible, in certain cases, to export to prices for cereals, rice and broken rice on the world third countries at prices which are lower than world market on the other ; whereas the same Articles market prices ; whereas the refund on certain products provide that it is also important to ensure equilibrium should therefore be limited to an amount which , and the natural development of prices and trade on while allowing access to the world market, will ensure the markets in cereals and rice and , furthermore , to that the aims of the common organization of the take into account the economic aspect of the markets are respected ; proposed exports , and the need to avoid disturbances on the Community market ; Whereas the refund to be granted in respect of certain Whereas Article 6 of Council Regulation ( EEC) No processed products should be graduated on the basis 2744/75 of 29 October 1975 on the import and export of the ash , crude fibre, tegument, protein , fat and system for products processed from cereals and from starch content of the individual product concerned , rice (6), as last amended by Regulation ( EEC) No this content being a particularly good indicator of the quantity of basic product actually incorporated in the (') OJ No L 281 , 1 . 1 1 . 1975, p. 1 . processed product ; (2 ) OJ No L 94, 8 . 4 . 1978 , p. 9 . (3 ) OJ No L 166 , 2.5 . 6 . 1976 , p. 1 . (4) OJ No L 281 , 1 . 1 1 . 1975, p. 78 . ( 7) OJ No L 303 , 28 . 11 . 1977, p . 1 . (5 ) OJ No L 166 , 25 . 6 . 1976, p. 36 . (») OJ No L 181 , 27 . 7 . 1968 , p . 1 . (6) OJ No L 28 1 , 1 . 1 1 . 1 975 , p. 65 . O OJ No L 283 , 24 . 12 . 1971 , p . 30

No L 117/ 10 29 . 4 . 78 Official Journal of the European Communities

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 Whereas the world market situation or the specific ment Committee for Cereals, requirements of certain markets may make it neces­ sary to vary the refund for certain products according to destination ; HAS ADOPTED THIS REGULATION :

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

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

Done at Brussels, 28 April 1978 .

For the Commission

Finn GUNDELACH

Vice-President

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

29. 4. 78 Official Journal of the European Communities No L 117/ 11

ANNEX

to the Commission Regulation of 28 April 1978 fixing the export refunds on products processed from cereals and rice

fu.a. /tonne}

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 % by 105.91 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 127.80 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 90.97 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 77.98 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) 56.53

11.01 F Rice flour 32-14

11.02 A III (a) Barley groats and meal, of an ash content, referred to dry matter, not exceeding 109.44 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) 127.80 Oat groats and meal, of an ash content, referred to dry matter, not exceeding 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) 0 Oat groats and meal not included under No 11.02 A IV ( a)

11.02 A V (a) 129-96 Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0.9 % by weight and a crude fibre content, referred to dry matter, not exceeding 0.6 % by weight (*)

11.02 A V (b) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 90-97 1.3 % by weight and of a crude fibre content, referred to dry matter, nor exceeding 0.8 % by weight ( x)

11.02 A V (c) Maize groats and meal, of a fat content, referred to dry matter, exceeding 77-98 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 32-14

11.02 B I a) 1 (aa) Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not 105.91 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

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 113.60 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 (')

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) (*) 0

No L 117/ 12 Official Journal of the European Communities 29 . 4. 78

(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 105.91 exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0.9 % by weight ('Grütze' or 'Grutten') (2)

11.02 Bib ) 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 120.70 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 % 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 (2) 0

11.02 C III ( a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 141.21 weight (without talc) — 1st category (3)

11.02 C III (b) 112.97 Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by weight (without talc) — 2nd category (8)

11.02 C IV Pearled oats (3) 0

11.02 D II — Rye not otherwise worked than kibbled

11.02 E lb) 1 (aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by 105.91 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 142-00 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 lb) 2 (bb) Flaked oats, of an ash content, referred to dry matter, not exceeding 2.3 % by 113.60 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 ) 103.97 Flaked maize, of a fat content, referred to dry matter, not exceeding 0.9 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0.7 % by weight

84-47 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 d) 1 Flaked rice 32-14

11.02 F III Barley pellets —

11.02 F IV Oat pellets —

11.02 FV Maize pellets —

11.02 G I 19.80 Wheat germ, whole, rolled, flaked or ground

11.02 G II Germ of cereals other than wheat, whole, rolled, flaked or ground 16.25

29 . 4. 78 No L 117/ 13 Official Journal of the European Communities

(u.a. /tonne .

Number in nomenclature Nomenclature in simplified wording Refund used for refunds

11.07 A I a) Unroasted malt, obtained from wheat, in the form of flour 104.96

11.07 A II a) Unroasted malt, other than that obtained from wheat, in the form of flour 93.56

11.08 A I Maize starch 88.87

11.08 A II Rice starch 19.46

11.08 A III Wheat starch 140.18

11.08 A IV Potato starch 88.87

11.08 A V Starches other than maize, rice, wheat, or potato starch 88.87

11.09 A Dried wheat gluten, of a protein content, referred to dry matter, not exceeding 127-44 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 115-92 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 88.87 * weight of the pure product, other than glucose in the form of white crystalline powder, whether or not agglomerated (4)

21.07F II 88.87 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 17.19 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 17.19 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 17-19 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 17-19 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 110.40 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 */• passes through a sieve with an aperture of 315 microns. m — 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 .