31984R3355

1 . 12. 84 Official Journal of the European Communities No L 313/9

COMMISSION REGULATION ( EEC) No 3355 /84 of 30 November 1984 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 f7), as last amended by Regulation (EEC) No Having regard to the Treaty establishing the European 1027/84 (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 organ­ ization of the market in cereals ('), as last amended by Whereas, on the basis of the criteria laid down in Regulation ( EEC) No 1018 /84 (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 organization 2744/75 and Article 1 of Regulation (EEC) No of the market in rice (3), as last amended by Regulation 1077/68 (9), as amended by Regulation (EEC) No (EEC) No 1025/84 (4), and in particular the fourth 2764/71 (10), provide that the amount of the export 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 products ; 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 an market prices ; export refund ;

Whereas Article 2 of Council Regulation (EEC) No Whereas when the refund is being calculated account 2746/75 of 29 October 1975 Q, and Article 2 of should be taken of the quantities of raw materials used Council Regulation (EEC) No 1431 /76 of 21 June to determine the variable component of the levy ; 1976 (6) laying down general rules for granting export whereas the quantities of raw materials used for certain refunds on cereals and rice respectively and criteria for processed products may vary according to the end use fixing the amount of such refunds, provide that when of the product ; whereas, depending on the manufac­ refunds are being fixed account must be taken of the turing process used, products other than the main existing situation and the future trend with regard to product are obtained, the quantity and value of which prices and availabilities of cereals, rice and broken rice may vary with the nature and quality of the main on the Community market on the one hand and products being manufactured ; whereas cumulation of prices for cereals, rice, broken rice and cereal products the refunds on the various products manufactured by a on the world market on the other ; whereas the same single process from the same basic product may make Articles provide that it is also important to ensure it possible, in certain cases, to export to third countries equilibrium and the natural development of prices and trade on the markets in cereals and rice and, further­ at prices which are lower than world market prices ; whereas the refund on certain products should there­ more, to take into account the economic aspect of the fore be limited to an amount which, while allowing proposed exports, and the need to avoid disturbances access to the world market, will ensure that the aims of on the Community market ; the common organization of the markets are respected ; (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 107, 19 . 4. 1984, p. 1 . (J) OJ No L 166, 25 . 6 . 1976, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 65. 0 OJ No L 107, 19 . 4. 1984, p. 13 . (») OJ No L 107, 19 . 4 . 1984, p . 15. O OJ No L 281 , 1 . 11 . 1975 , p. 78 . 0 OJ No L 181 , 27 . 7 . 1968 , p. 1 . (6) OJ No L 166, 25 . 6 . 1976, p. 36 . H OJ No L 283 , 24 . 12 . 1971 , p. 30,

No L 313/ 10 Official Journal of the European Communities 1 . 12 . 84

Whereas the refund to be granted in respect of certain No 974/71 (2), as last amended by Regulation (EEC) processed products should be graduated on the basis of No 855/ 84 (3), the ash, crude fibre, tegument, protein, fat and starch — for other currencies, an exchange rate based on the content of the individual product concerned, this arithmetic mean of the spot market rates of each of content being a particularly good indicator of the 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, and the aforesaid coeffi­ cient ; 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 origin of these products ; whereas, for certain products Whereas the Management Committee for Cereals has processed from cereals, the insignificance of Commu­ not delivered an opinion within the time limit set by nity participation in world trade makes it unnecessary its chairman , to fix an export refund at the present time ;

Whereas the world market situation or the specific requirements of certain markets may make it necessary HAS ADOPTED THIS REGULATION : 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 central rate, multiplied by the coefficient This Regulation shall enter into force on 1 December 1984 . provided for in Article 2b (2) of Regulation (EEC)

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

Done at Brussels, 30 November 1984 .

For the Commission Poul DALSAGER Member of the Commission

2) OJ No L 106, 12. 5. 1971 , p. 1 . (') OJ No L 284, 28 . 12. 1971 , p. 9 . 0 OJ No L 90, 1 . 4. 1984, p. 1 .

1 . 12. 84 No L 313/ 11 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 30 November 1984 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 62,54 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, 65,41 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 weight 91,87 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

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

11.01 F Rice flour 47,41

11.02 A III (a) Barley groats and meal , of an ash content, referred to dry matter, not exceeding 64,62 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by weight

— 11.02 A 111(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 2,3 % 65,41 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

— 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 0,9 % 118,12 by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by weight (') 0

Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1,3 % 91,87 11 .02 A V (b) by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight (') Q

11.02 A V (c) Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by 78,74 weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % by weight (') (J)

11.02 A VI Rice groats and meal 47,41

1 1 .02 B I a) 1 (aa) Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not 62,54 exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by weight (2)

— 1 1 .02 B I a) 1 (bb) Hulled (shelled or husked) barley not included under No 1 1 .02 B I a) 1 (aa) (2)

— 1 1 .02 B I a) 2 (aa) Clipped oats

No L 313/ 12 Official Journal of the European Communities 1 . 12. 84

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

11.02 B I a) 2 bb) (1 1 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not 58,14 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)

— 1 1 .02 B I a) 2 bb) (22) Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) (1 1 ) (2)

11.02 Bib) 1 (aa) Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 62,54 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 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)

11.02 Bib) 2 (aa) Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not 61,78 exceeding 2,3 % 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 ('Grütze' or 'Grutten ') (2)

— 1 1 .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)

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

11.02 B II c) ( 1 ) Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not 98,43 exceeding 0,9 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0,6 % by weight (' gruetze' or 'grutten') (2)

11.02 C III (a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 83,38 weight (without talc) — 1st category (■')

11.02 C 111(b) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 66,70 weight (without talc) — 2nd category (-')

11.02 C IV — Pearled oats (3)

11.02 D I Wheat not otherwise worked than kibbled 9,00

11.02 D II Rye not otherwise worked than kibbled 10,00

11.02 E lb) 1 (aa) Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by 62,54 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 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 72,68 weight, of a tegument content not exceeding 0,1 % , of a moisture content not exceeding 1 2 % and of which the peroxydase is virtually inactivated

1 1 .02 E I b) 2 (bb) Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by 58,14 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 EIb)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 1 04,99 weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by weight

1 . 12. 84 Official Journal of the European Communities No L 313/ 13

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

ex 11.02 E lie) (2) Flaked maize , of a fat content, referred to dry matter, not exceeding 1,3 % by 85,31 weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight ex 11.02 E lie) (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 — 1 1 .02 E II d) 1 11.02 Fill — Barley pellets 11.02 F IV — Oat pellets 11.02FV — Maize pellets 11.02G I Wheat germ , whole, rolled, flaked or ground 3,57 11.02 G II 16,41 Germ of cereals other than wheat, whole, rolled, flaked or ground 11.07 A I a) Unroasted malt, obtained from wheat, in the form of flour 25,44 11.07 A II a) Unroasted malt, other than that obtained from wheat, in the form of flour 74,21 1 1 .08 A I Maize starch (*) 74,40 11.08 A ll Rice starch (*) 31,65 11.08 A III Wheat starch 0,00 11.08 A IV Potato starch (6) 74,40 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 0,00 by weight (N x 6,25) 17.02 B II a) Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 % 97,04 or more by weight of the pure product, in the form of white crystalline powder, whether or not agglomerated (4) 17.02 B II b) Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­ 74,40 ing, in the dry state, 99 % or more by weight of the pure product, other than glucose in the form of white crystalline powder, whether or not agglomerated (4) 17.02 F II a) Caramel , other than caramel containing 50 % or more by weight of sucrose in the 101,66 dry matter, in the form of powder, whether or not agglomerated 17.02 F II b) Caramel, other than caramel containing 50 % or more by weight of sucrose in the 70,70 dry matter, other than in the form of powder 21 .07 F II Flavoured or coloured glucose syrup, and malto-dextrine syrup 74,40 23.02 A I a) Brans sharps and other residues derived from the sifting, milling or working of 9,73 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 9,73 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 Alia) Brans, sharps and other residues derived from the sifting, milling or working of 9,73 cereals other than 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 9,73 cereals other than maize or rice , not included under No 23.02 A II a) 23.03 A I 36,97 Residues from the manufacture of starch from maize (excluding concentrated steeping liquors), of a protein content, calculated on dry matter, of 63 % or more by weight (N x 6,25)

No L 313/ 14 Official Journal of the European Communities 1 . 12 . 84

(') 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 1 50 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). (*) 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. Q The procedure to be followed for the determination of the fatty matter content is as follows : — the sample has to be crushed so that 90 % or more can pass through a sieve with an aperture of 500 microns and 100 % can pass through a sieve with an aperture of 1 000 microns, — the analytical method to be used afterwards is that which is printed in Annex 1 (Method A) to Commission Directive 84/4/ EEC (OJ No L 15, 18 . 1 . 1984, p. 28).