31981R1748

1 . 7. 81 Official Journal of the European Communities No L 175/9

COMMISSION REGULATION (EEC) No 1748/81 of 30 June 1981 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 (J), as last amended by Whereas, on the basis of the criteria laid down in Regulation (EEC) No 1187/81 (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 the 1 077/68 (9), as amended by Regulation (EEC) No Act of Accession of Greece (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 tion of the refunds on the various products manufac­ on the world market on the other ; whereas the same 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 . I2) OJ No L 121 , 5. 5. 1981 , p. 1 . P) OJ No L 166, 25. 6. 1976, p. 1 . (7) OJ No L 281 , 1 . 11 . 1975, p. 65. (4) OJ No L 291 , 19 . 11 . 1979, p. 17. (8) OJ No L 273, 29 . 9 . 1978 , p. 1 . (5) OJ No L 281 , 1 . 11 . 1975, p. 78 . (9) OJ No L 181 , 27. 7. 1968 , p. 1 . (') OJ No L 166, 25. 6. 1976, p. 36. ( I0) OJ No L 283, 24. 12. 1971 , p. 30 .

No L 175/ 10 Official Journal of the European Communities 1 . 7 . 81

Whereas the refund to be granted in respect of certain specific requirements laid down by Regulation (EEC) processed products should be graduated on the basis No 663 /81 P); of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, Whereas, if the refund system is to operate normally, this content being a particularly good indicator of the refunds should be calculated on the following basis : quantity of basic product actually incorporated in the — in the case of currencies which are maintained in processed product ; relation to each other at any given moment within a band of 2-25 % , a rate of exchange based on Whereas there is no need at present to fix an export their effective parity, refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of potential exports and in particular the nature and of these currencies recorded for a given period in origin of these products ; whereas, for certain products processed from cereals, the insignificance of Commu­ relation to the Community currencies referred to nity participation in world trade makes it unnecessary in the previous indent ; to fix an export refund at the present time ; Whereas the refund must be fixed once a month ; Whereas the world market situation or the specific whereas it may be altered in the intervening period ; requirements of certain markets may make it neces­ sary to vary the refund for certain products according Whereas the measures provided for in this Regulation to destination ; are in accordance with the opinion of the Manage­ ment Committee for Cereals, Whereas Regulation (EEC) No 2806/71 (*) lays down additional rules for granting export refunds for certain products processed from cereals and rice ; HAS ADOPTED THIS REGULATION :

Whereas the Commission has decided to grant a special refund for the export to Poland of a maximum Article 1 of 10 000 tonnes of husked barley, of 10 000 tonnes of The export refunds on the products listed in Article 1 barley flakes and of 5 000 tonnes of oat flakes and (d) of Regulation (EEC) No 2727/75 and in Article 1 made such grant subject to compliance with specific ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to requirements laid down in Regulation (EEC) No Regulation (EEC) No 2744/75 are hereby fixed as 1688 / 81 (2) ; shown in the Annex to this Regulation. Whereas the Commission has decided to grant a special refund for the export to Poland of a maximum Article 2 of 10 000 tonnes of certain processed barley products and made such grant subject to compliance with the This Regulation shall enter into force on 1 July 1981 .

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

Done at Brussels , 30 June 1981 .

For the Commission

The President

Gaston THORN

(>) OJ No L 284, 28 . 12. 1971 , p. 9 . (•2) OJ No L 169, 26. 6 . 1981 , p. 22. (3) OJ No L 69, 14. 3 . 1981 , p. 19 .

1 . 7 . 81 Official Journal of the European Communities No L 175/ 11

ANNEX

to the Commission Regulation of 30 June 1981 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 82-85 weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by 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 weight, 22-57 of a crude fibre content, referred to dry matter, not exceeding 1 -8 % by weight, of a moisture content not exceeding 1 1 % and of which the peroxydase is virtually inactivated

Oat flour not included under No 11.01 D (I) — 11.01 D (II)

11.01 E (I) Maize flour, of a fat content, referred to dry matter, not exceeding 1 -3 % by weight 83-26 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 exceeding 1 -7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % by weight

Maize flour not included under No 11.01 E (I) and (II) — 11.01 E (III)

11.01 F Rice flour —

1 1.02 A III (a) Barley groats and meal, of an ash content, referred to dry matter, not exceeding 85-61 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight

— 1 1.02 A III (b) Barley groats and meal not included under No 1 1 .02 A III (a)

1 1.02 A IV (a) Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2-3 % 22-57 by weight, of a tegument content not exceeding 0-1 % , of a moisture content not exceeding 1 1 % and of which the peroxydase is virtually inactivated

— 1 1.02 A IV (b) Oat groats and meal not included under No 1 1.02 A IV (a)

1 1.02 A V (a) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0-9 % 107-05 by weight and a crude fibre content, referred to dry matter, not exceeding 0-6 % by weight (')

1 1 .02 A V (b) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1 -3 % 83-26 by weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by weight (')

1 1.02 A V (c) Maize groats and meal, of a fat content, referred to dry matter, exceeding 1-3 % by 71-36 weight but not exceeding 1 -7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % by weight (')

1 1.02 A VI — Rice groats and meal

1 1.02 B I a) 1 (aa) Hulled (shelled or husked) barley, 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 (2) For export to : — Poland 109-22 0 — Other destinations 82-85

11.02 B I a) 1 (bb) — Hulled (shelled or husked) barley not included under No 1 1.02 B I a) 1 (aa) (2) 11.02 B I a) 2 (aa) — Clipped oats

No L 175/ 12 Official Journal of the European Communities 1 . 7 . 81

(ECU/tonne) Number in nomenclature Nomenclature in simplified wording Refund used for refunds

1 1.02 B I a) 2 bb) (1 1 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not 20-06 exceeding 2-3 % by weight, of tegument content not exceeding 0-5 % of a moisture content not exceeding 1 1 % 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 1 1.02 B I a) 2 bb) (1 1 ) (2)

1 1.02 B I b) 1 (aa) Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 82-85 exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight ('Grütze' or 'Grutten ') (2)

— 1 1.02 B lb) 1 (bb) Hulled and sliced or kibbled barley, not included under No U .02 B I b) 1 (aa) ('Grütze' or 'Grutten') (2)

1 1.02 B I b) 2 (aa) Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not 21-32 exceeding 2-3 % by weight, of a tegument content not exceeding 01 % , of a moisture content not exceeding 1 1 % and of which the peroxydase is virtually inactivated ('Grütze' or 'Grutten ') (2)

— 1 1.02 B I b) 2 (bb) Hulled and sliced or kibbled oats not included under No 1 1.02 B I b) 2 (aa) ('Grütze' or 'Grutten') (2)

— 1 1.02 B II a) ( 1 ) Hulled (shelled or husked) wheat, not sliced or kibbled (2)

1 1.02 B II c) ( 1 ) ( 1 ) Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not exceeding 0-9 0/0 by weight and of a crude fibre content, referred to dry matter, not exceeding 0-6 % by weight ('gruetze' or 'grutten') (2) 89-21

1 1.02 C III (a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 110-46 weight (without talc) — 1st category (3)

1 1.02 C III (b) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 88-37 weight (without talc) — 2nd category (3)

1 1.02 C IV — Pearled oats (3)

11.02 D I Wheat not otherwise worked than kibbled

1 1.02 D II Rye not otherwise worked than kibbled 1 8 ■()()

1 1.02 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 For export to : — Poland 109-22 0 — Other destinations 82-85

— 1 1.02 E I b) 1 (bb) Flaked barley not included under 1 1 .02 E I b) 1 (aa)

1 1.02 E I b) 2 (aa) 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 For export to : — Poland 72-08 0 — Other destinations 25-08

11.02 E I b) 2 (bb) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by weight, of a tegument content exceeding 0-1 % but not exceeding 1-5 % , of a moisture content not exceeding 1 2 % and of which the peroxydase is virtually inactivated For export to : — Poland 57-66 Q — Other destinations 20-06

— 1 1.02 E I b) 2 (cc) Flaked oats not included under Nos 1 1.02 E I b) 2 (aa) and 1 1.02 E I b) 2 (bb)

ex 1 1 .02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0 9 % by 95-15 weight and of a crude fibre content, referred to dry matter, not exceeding 0 '7 % by weight

1 . 7 . 81 Official Journal of the European Communities No L 175 / 13

(ECU/tonne) Number in nomenclature Nomenclature in simplified wording Refund used for refunds

ex 1 1.02 E II c) (2) Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 % by 77-31 weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by weight ex 1 1.02 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 % by weight

Flaked rice — 11.02 E II d) 1 1 1.02 F III — Barley pellets 11.02 F IV — Oat pellets 11.02 F V — Maize pellets 1 1.02 G I Wheat germ, whole, rolled, flaked or ground 18-23 1 1.02 G II Germ of cereals other than wheat, whole, rolled, flaked or ground 14-87 1 1.07 A I a) Unroasted malt, obtained from wheat, in the form of flour 129-76 11.07 A II a) Unroasted malt, other than that obtained from wheat, in the form of flour 98-31

11.08 AI Maize starch 0 68 01 11.08 All Rice starch (*) — 11.08 AHI Wheat starch (*) 106-11 11.08 AIV Potato starch (*) 68-01

11.08 AV — 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 129-26 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 of 88-70 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 68-01 weight of the pure product, other than glucose in the form of white crystalline powder, whether or not agglomerated (4) 21.07 F II Flavoured or coloured glucose and glucose syrup, other than in the form of white 68-01 crystalline powder, whether or not agglomerated 23.02 A I a) Brans sharps and other residues derived from the sifting, milling or working of 15-01 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 15-01 maize or rice, of a starch content exceeding 35 % by weight, and not having under­ gone 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 15-01 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, calcu­ lated 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 15-01 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 33-79 steeping liquors), of a protein content, calculated on dry matter, of 63 % or more by weight (N x 6-25)

No L 175/ 14 Official Journal of the European Communities 1 . 7 . 81

(') 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. (2) '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). (3) '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 is granted on products falling within this subheading which have a starch content of not less than 85 % by weight. (6) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by weight. P) Grant of this refund is subject to the provisions of Article 2 of Regulation (EEC) No 1688/81 .