31980R1323

31 . 5. 80 No L 135/9 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1323/80

of 30 May 1980

fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN whereas Article 6 of Council Regulation (EEC) No COMMUNITIES, 2744/75 of 29 October 1975 on the import and export system for products processed from cereals and from rice (7), as last amended by Regulation (EEC) No Having regard to the Treaty establishing the European 2245/78 (8), defines the specific criteria to be taken Economic Community, into account when the refund on these products is being calculated ; Having regard to Council Regulation ( EEC) No 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals (*), as last amended by whereas, on the basis of the criteria laid down in Regulation (EEC) No 1 547/79 (2), and in particular the fourth subparagraph of Article 16 (2) thereof, Regulation (EEC) No 2744/75, particular account should be taken of the prices and quantities of basic products used to calculate the variable component of Having regard to Council Regulation (EEC) No the levy ; whereas Article 8 of Regulation (EEC) No 1418/76 of 21 June 1976 on the common organiza­ 2744/75 and Article 1 of Regulation (EEC) No tion of the market in rice (3), as last amended by Regu­ 1 077/68 (9), as amended by Regulation (EEC) No lation (EEC) No 11 3/80 (4), and in particular the 2764/71 ( 10), provide that the amount of the export fourth subparagraph of Article 17 (2) thereof, refund should, for certain products, be reduced by an amount equal to the production refund granted in Having regard to the opinion of the Monetary respect of the basic product ; Committee,

Whereas Article 16 of Regulation (EEC) No 2727/75 Whereas it follows from applying these detailed rules and Article 17 of Regulation (EEC) No 1418/76 to the present situation on the market in products provide that the difference between quotations or processed from cereals and rice that the export refund prices on the world market for the products listed in should be fixed at an amount which will cover the Article 1 of those Regulations and prices for those difference between Community prices and world products within the Community may be covered by market prices ; an export refund ;

Whereas Article 2 of Council Regulation ( EEC) No Whereas when the refund is being calculated account 2746/75 of 29 October 1975 (5), and Article 2 of should be taken of the quantities of raw materials Council Regulation (EEC) No 1431 /76 of 21 June used to determine the variable component of the 1976 (6) laying down general rules for granting export levy ; whereas the quantities of raw materials used for refunds on cereals and rice respectively and criteria for certain processed products may vary according to the fixing the amount of such refunds, provide that when end use of the product ; whereas, depending on the refunds are being fixed account must be taken of the manufacturing process used, products other than the existing situation and the future trend with regard to main product are obtained, the quantity and value of prices and availabilities of cereals, rice and broken rice which may vary with the nature and quality of the on the Community market on the one hand and main products being manufactured ; whereas cumula­ prices for cereals, rice, broken rice and cereal products on the world market on the other ; whereas the same tion of the refunds on the various products manufac­ tured by a single process from the same basic product Articles provide that it is also important to ensure may make it possible, in certain cases, to export to equilibrium and the natural development of prices third countries at prices which are lower than world and trade on the markets in cereals and rice and, market prices ; whereas the refund on certain products furthermore, to take into account the economic aspect should therefore be limited to an amount which , of the proposed exports, and the need to avoid distur­ while allowing access to the world market, will ensure bances on the Community market ; that the aims of the common organization of the markets are respected ; (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 188 , 26. 7 . 1979, p. 1 . (3 ) OJ No L 166, 25. 6. 1976, p. 1 . (7) OJ No L 281 , 1 . 11 . 1975, p. 65. («) OJ No L 16, 22. 1 . 1980, p. 1 . (») OJ No L 273, 29 . 9 . 1978, p. 1 . (s) OJ No L 281 , 1 . 11 . 1975, p. 78 . O OJ No L 181 , 27. 7. 1968, p. 1 . (') OJ No L 166, 25. 6. 1976, p. 36. ( 10) OJ No L 283, 24. 12. 1971 , p. 30 .

No L 135/ 10 Official Journal of the European Communities 31 . 5. 80

Whereas the refund to be granted in respect of certain a band of 2-25 %, a rate of exchange based on processed products should be graduated on the basis 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 indent ;

Whereas there is no need at present to fix an export refund for manioc, other tropical roots and tubers or Whereas the refund must be fixed once a month ; flours obtained therefrom, given the economic aspect whereas it may be altered in the intervening period ; 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 processed from cereals, the insignificance of Commu­ ment Committee for Cereals, 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 sary to vary the refund for certain products according Article 1 to destination ; The export refunds on the product^ listed in Article 1 Whereas Regulation (EEC) No 2806/71 (') lays down (d) of Regulation (EEC) No 2727/75 and in Article 1 additional rules for granting export refunds for certain ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to products processed from cereals and rice ; Regulation (EEC) No 2744/75 shall be as set out in the Annex hereto . Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis : Article 2 — in the case of currencies which are maintained in relation to each other at any given moment within This Regulation shall enter into force on 1 June 1980.

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

Done at Brussels, 30 May 1980.

For the Commission

Finn GUNDELACH

Vice-President

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

31 . 5 . 80 Official Journal of the European Communities No L 135 / 11

ANNEX

to the Commission Regulation of 30 May 1980 fixing the export refunds on products processed from cereals and rice

(ECU /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 133-11 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)

11.01 D (I) Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 % by 135-00 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) —

11.01 E (I) Maize flour, of a fat content, referred to dry matter, not exceeding 1.3 % by 137-03 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 117-4$ 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) 85-16

11.01 F Rice flour 34-77

11.02 A III (a) Barley groats and meal, of an ash content, referred to dry matter, not exceeding 137-55 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) —

11.02 A IV (a) Oat groats and meal, of an ash content, referred to dry matter, not exceeding 135-00 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) —

11.02 A V (a) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 176-18 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 137-03 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 117-4-6 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 (x )

11.02 A VI Rice groats and meal 34-77

11.02 B I a) 1 (aa) Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not 133-11 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) (*) —

11.02 B I a) 2 (aa) Clipped oats —

11.02 B 1 a) 2 bb) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not 12C-C0 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 (l) 11.02 B I •) 2 bb) (22) Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) (11 ) (') \

No L 135 /12 31 . 5 . 80 Official Journal of the European Communities

lECU1tonne )

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 133-11 exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight (' Griitze' 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) ('Griitze' or 'Grutten') (2)

11.02 B I b) 2 (aa) Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not 127-50 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 ('Griitze' 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) ('Griitze' or 'Grutten') (2)

11.02 B II a) ( 1 ) Hulled (shelled or husked ) wheat, not sliced or kibbled (2) —

11.02 C III (a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 177-48 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 141-98 weight (without talc) — 2nd category (3)

11.02 CIV — Pearled oats (3)

11.02 D I Wheat not otherwise worked than kibbled 0

11.02 D II Rye not otherwise worked than kibbled 35-00

11.02 E lb) 1 ( aa) 133-11 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 lb) 2 (aa) 150-00 Flaked oats, 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 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 12C-C0 weight, of a tegument content exceeding 01 % 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 156-61 weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 % by weight

127-24 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 34-77

— 11.02 Fill 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 22-38

11.02 G il Germ of cereals other than wheat, whole, rolled, flaked or ground 24-47

31 . 5 . 80 Official Journal of the European Communities No L 135 / 13

(ECU/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 :106-76

11.07 A II a) Unroasted malt, other than that obtained from wheat, in the form of flour 105-83

11.08 A I Maize starch (6) 157-59 (5)

11.08 All Rice starch (8) 11-46

11.08 A III Wheat starch (fl) 196-94 (5 )

11.08 A IV Potato starch (7) 157-59 (5 )

11.08 A V Starches other than maize, rice, wheat, or potato starch (*) —

11.09 A Dried wheat gluten , of a protein content, referred to dry matter, of 82 % or more 278-68 (5 ) 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 205-55 ( 5) 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 157-59 ( 5) weight of the pure product, other than glucose in the form of white crystalline powder, whether or not agglomerated [*)

21.07 F II Flavoured or coloured glucose and glucose syrup, other than in the form of 157-59 ( 5) 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 22-09 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 22-09 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 22-09 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 22-09 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 180-29 (5) steeping liquors), of a protein content, calculated on dry matter, of 63 % or more 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 . — 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 . (') The export refund to be granted shall be arrived at by first applying the monetary coefficient to the amount shown in this column and, thereafter, deducting a sum equal to the production refund per tonne of finished product as follows : — 11.08 A I , 11.08 A IV , 11.08 A V, 17.02 B II b) and 21.07 F : 33-09 ECU/tonne , — 11.08 A III : 64-60 ECU/tonne, — 11.09 A : 117-48 ECU/tonne, — 17.02 B II a) : 43-16 ECU/tonne, — 23.03 A I : 41-10 ECU/tonne . (') The export refund is granted on products falling within this subheading which have a starch content of not less than 85 •/• by weight. 0 The export refund is granted on products falling within this subheading which have a starch content of not less than 78 •/« by weight.