31978R1164

1 . 6 . 78 No L 145/ 9 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1164/ 78 of 31 May 1978 fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN rice (7), as last amended by Regulation (EEC) No COMMUNITIES, 2560/77 (8), defines the specific criteria to be taken into account when the refund on these products is Having regard to the Treaty establishing the European being 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 (1), as last amended by should be taken of the prices and quantities of basic Regulation (EEC) No 1125/78 (2), and in particular the products used to calculate the variable component of fourth subparagraph of Article 16 (2) thereof, the levy ; whereas Article 8 of Regulation (EEC) No 2744/75 and Article 1 of Regulation (EEC) No Having regard to Council Regulation (EEC) No 1077/68 (9), as amended by Regulation (EEC) No 1418/76 of 21 June 1976 on the common organiza­ 2764/71 (10), provide that the amount of the export tion of the market in rice (3), as last amended by Regu­ refund should, for certain products, be reduced by an lation (EEC) No 11 26/78 (4), and in particular the amount equal to the production refund granted in fourth 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 Whereas when the refund is being calculated account an export refund ; should be taken of the quantities of raw materials Whereas Article 2 of Council Regulation (EEC) No used to determine the variable component of the 2746/75 of 29 October 1975 (5), and Article 2 of levy ; whereas the quantities of raw materials used for Council Regulation (EEC) No 1431 /76 of 21 June certain processed products may vary according to the 1976 (6) laying down general rules for granting export end use of the product ; whereas, depending on the manufacturing process used, products other than the refunds on cereals and rice respectively and criteria for fixing the amount of such refunds, provide that when main product are obtained, the quantity and value of refunds are being fixed account must be taken of the which may vary with the nature and quality of the existing situation and the future trend with regard to main products being manufactured ; whereas cumula­ prices and availabilities of cereals, rice and broken rice tion of the refunds on the various products manufac­ on the Community market on the one hand and tured by a single process from the same basic product prices for cereals, rice and broken rice on the world may make it possible, in certain cases, to export to market on the other ; whereas the same Articles third countries at prices which are lower than world provide that it is also important to ensure equilibrium market prices ; whereas the refund on certain products should therefore be limited to an amount which , and the natural development of prices and trade on the markets in cereals and rice and , furthermore, to while allowing access to the world market, will ensure take into account the economic aspect of the that the aims of the common organization 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, this content being a particularly good indicator of the (!) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 142, 30 . 5 . 1978 , p. 21 . (3) OJ No L 166, 25 . 6 . 1976, p. 1 . ( 7) OJ No L 281 , 1 . 11 . 1975, p. 65 . (4) OJ No L 142, 30 . 5 . 1978 , p. 23 . (8) OJ No L 303 , 28 . 11 . 1977, p. 1 . O OJ No L 281 , 1 . 11 . 1975, p. 78 . (») OJ No L 181 , 27 . 7. 1968 , p . 1 . (6) OJ No L 166, 25 . 6 . 1976, p . 36 . ( ,0) OJ No L 283 , 24. 12. 1971 , p . 30,

No L 145/ 10 1 . 6 . 78 Official Journal of the European Communities

quantity of basic product actually incorporated in the — for other currencies, an exchange rate based on the processed product ; arithmetic mean of the spot market rates of each of these currencies recorded for a given period in Whereas there is no need at present to fix an export relation to the Community currencies referred to refund for manioc, other tropical roots and tubers or in the previous subparagraph ; flours obtained therefrom, given the economic aspect 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 Whereas the measures provided for in this Regulation nity participation in world trade makes it unnecessary are in accordance with the opinion of the Manage­ to fix an export refund at the present time ; ment Committee for Cereals, Whereas the world market situation or the specific requirements of certain markets may make it neces­ HAS ADOPTED THIS REGULATION : sary to vary the refund for certain products according to destination ; Article 1 Whereas Regulation (EEC) No 2806/71 (*) lays down additional rules for granting export refunds for certain The export refunds on the products listed in Article 1 products processed from cereals and rice ; (d) of Regulation (EEC) No 2727/75 and in Article 1 ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to Whereas, if the refund system is to operate normally, Regulation (EEC) No 2744/75 are hereby fixed as refunds should be calculated on the following basis : shown in the Annex to this Regulation. — in the case of currencies which are maintained in relation to each other at any given moment within Article 2 a band of 2-25 % , a rate of exchange based on their effective parity ; This Regulation shall enter into force on 1 June 1978 .

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

Done at Brussels, 31 May 1978 .

For the Commission Finn GUNDELACH Vice-President

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

1 . 6. 78 Official Journal of the European Communities No L 145/ 11

ANNEX

to the Commission Regulation of 31 May 1978 fixing the export refunds on products processed from cereals and rice (u .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 103.50 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 128.68 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 91.26 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 78-22 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 ) 56-71

11.01 F Rice flour 16-08

11.02 A III ( a) Barley groats and meal , of an ash content, referred to dry matter, not exceeding 106-95 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) Oat groats and meal , of an ash content, referred to dry matter, not exceeding 128.68 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 117.34 0.9 % by weight and a crude fibre content, referred to dry matter, not exceeding 0.6 % by weight ( J )

11.02 A V (b ) Maize groats and meal , of a fat content, referred to dry matter, not exceeding 91-26 1.3 % 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 78-22 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 ( J ) 11.02 A VI Rice groats and meal 16.08 11.02 B I a) 1 ( aa ) Hulled ( shelled or husked ) barley , of an ash content, referred to dry matter, not 103.50 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 114.38 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 145 / 12 Official Journal of the European Communities 1 . 6 . 78

(u.a . /tonne)

Number in nomenclature Nomenclature in simplified wording Refund used for refunds

11.02 Bib ) 1 ( aa ) Hulled and sliced or kibbled barley , of an ash content, referred to dry matter, not 103.50 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 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)

11.02 Bib ) 2 ( aa) Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not 121.53 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 138.01 weight ( without talc) — 1st category (3)

11.02 C III ( b ) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 110.40 weight (without talc) — 2nd category (3)

11.02 CIV 0 Pearled oats (3) 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 103.50 weight and of a crude fibre content, referred to dry matter, not exceeding 0.9 % by weight 11.02 E lb ) 1 ( bb ) Flaked barley not included under 11.02 E I b ) 1 ( aa)

11.02 E lb ) 2 ( aa) Flaked oats , of an ash content, referred to dry matter, not exceeding 2-3 % by 142.97 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 114-38 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 ) Flaked maize , of a fat content, referred to dry matter, not exceeding 0-9 % by 104.30 weight and of a crude fibre content, referred to dry matter, not exceeding 0.7 % by weight 84-74 ex 11.02 E lie) ( 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 16.08

11.02 Fill Barley pellets

11.02 F IV Oat pellets

11.02 F V Maize pellets

11.02 G I 19-87 Wheat germ, whole, rolled, flaked or ground

11.02 G II 16.30 Germ of cereals other than wheat, whole, rolled, flaked or ground

1 . 6 . 78 Official Journal of the European Communities No L 145 / 13

(u.a. / tonne,

Number in nomenclature Nomenclature in simplified wording Refund used for refunds

11.07 Ala) Unroasted malt, obtained from wheat, in the form of flour 105.29

11.07 A II a ) Unroasted malt, other than that obtained from wheat, in the form of flour 91.44

11.08 A I Maize starch 89.24

11.08 All Rice starch —

11.08 A III Wheat starch 140.80

11.08 A IV Potato starch 89-24

11.08 A V Starches other than maize , rice, wheat, or potato starch 89.24

11.09 A Dried wheat gluten, of a protein content, referred to dry matter, not exceeding 128.00 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 116.40 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 89.24 weight of the pure product, other than glucose in the form of white crystalline powder, whether or not agglomerated (4 ) 21.07 F II 89-24 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 ) 17.09 Brans, sharps and other residues derived from the sifting, milling or working of 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 17.09 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 17.09 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 17.09 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 110.86 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 , r — 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). I') ' 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). [') 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 .