31985R3352

30 . 11 . 85 Official Journal of the European Communities No L 321 /9

COMMISSION REGULATION (EEC) No 3352/85 of 29 November 1985 fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES, rice I7), as last amended by Regulation (EEC) No 1027/84 (8), defines the specific criteria to be taken into account when the refund on these products is being Having regard to the Treaty establishing the European calculated ; Economic Community,

Having regard to Council Regulation (EEC) No 2727/75 Whereas, on the basis of the criteria laid down in Regula­ of 29 October 1975 on the common organization of the tion (EEC) No 2744/75, particular account should be market in cereals ('), as last amended by Regulation (EEC) taken of the prices and quantities of basic products used No 101 8/84 (2), and in particular the fourth subparagraph to calculate the variable component of the levy ; whereas of Article 16 (2) thereof, Article 8 of Regulation (EEC) No 2744/75 and Article 1 of Regulation (EEC) No 1077/68 ('), as amended by Regu­ lation (EEC) No 2764/71 (10), provide that the amount of Having regard to Council Regulation (EEC) No 1418/76 the export refund should, for certain products, be reduced of 21 June 1976 on the common organization of the by an amount equal to the production refund granted in market in rice (3), as last amended by Regulation (EEC) respect of the basic products ; No 1025/84 (4), and in particular the fourth subparagraph of Article 17 (2) thereof,

Whereas it follows from applying these detailed rules to Having regard to the opinion of the Monetary Committee, the present situation on the market in products processed from cereals and rice that the export refund should be fixed at an amount which will cover the difference Whereas Article 16 of Regulation (EEC) No 2727/75 and between Community prices and world market prices ; Article 17 of Regulation (EEC) No 1418/76 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regu­ lations and prices for those products within the Commu­ Whereas when the refund is being calculated account nity may be covered by an export refund ; should be taken of the quantities of raw materials used to determine the variable component of the levy ; whereas the quantities of raw materials used for certain processed Whereas Article 2 of Council Regulation (EEC) No products may vary according to the end use of the 2746/75 of 29 October 1975 (^ and Article 2 of Council product ; whereas, depending on the manufacturing Regulation (EEC) No 1431 /76 of 21 June 1976 (^ laying process used, products other than the main product are down general rules for granting export refunds on cereals obtained, the quantity and value of which may vary with and rice respectively and criteria for fixing the amount of the nature and quality of the main products being manu­ such refunds, provide that when refunds are being fixed factured ; whereas cumulation of the refunds on the account must be taken of the existing situation and the various products manufactured by a single process from future trend with regard to prices and availabilities of the same basic product may make it possible, in certain cereals, rice and broken rice on the Community market cases, to export to third countries at prices which are on the one hand and prices for cereals, rice, broken rice lower than world market prices ; whereas the refund on and cereal products on the world market on the other ; certain products should therefore be limited to an amount whereas the same Articles provide that it is also important which, while allowing access to the world market, will to ensure equilibrium and the natural development of ensure that the aims of the common organization of the prices and trade on the markets in cereals and rice and, markets are respected ; furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market ; Whereas the refund to be granted in respect of certain processed products should be graduated on the basis of Whereas Article 6 of Council Regulation (EEC) No the ash, crude fibre, tegument, protein, fat and starch 2744/75 of 29 October 1975 on the import and export content of the individual product concerned, this content system for products processed from cereals and from being a particularly good indicator of the quantity of basic product actually incorporated in the processed product ; (') OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 107, 19 . 4. 1984, p. 1 . (3) OJ No L 166, 25. 6. 1976, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 65. (j OJ No L 107, 19. 4. 1984, p. 13. (8) OJ No L 107, 19 . 4. 1984, p. 15. 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . 0 OJ No L 181 , 27. 7. 1968, p. 1 . M OJ No L 166, 25. 6. 1976, p. 36. (10) OJ No L 283, 24. 12. 1971 , p. 30.

No L 321 / 10 Official Journal of the European Communities 30 . 11 . 85

Whereas there is no need at present to fix an export these currencies recorded for a given period in rela­ refund for manioc, other tropical roots and tubers or tion to the Community currencies referred to in the flours obtained therefrom, given the economic aspect of previous indent, and the aforesaid coefficient ; potential exports and in particular the nature and origin Whereas the refund must be fixed once a month ; of these products ; whereas, for certain products processed from cereals, the insignificance of Community participa­ whereas it may be altered in the intervening period ; tion in world trade makes it unnecessary to fix an export Whereas the Management Committee for Cereals has not refund at the present time ; delivered an opinion within the time limit set by its Whereas the world market situation or the specific requi­ chairman, rements of certain markets may make it necessary to vary the refund for certain products according to destination ; HAS ADOPTED THIS REGULATION : Whereas Regulation (EEC) No 2806/71 (') lays down addi­ tional rules for granting export refunds for certain products processed from cereals and rice ; Article 1

\ Whereas, if the refund system is to operate normally, The export refunds on the products listed in Article 1 (d) refunds should be calculated on the following basis : of Regulation (EEC) No 2727/75 and in Article 1 ( 1 ) (c) of — in the case of currencies which are maintained in rela­ Regulation (EEC) No 1418/76 and subject to Regulation (EEC) No 2744/75 are hereby fixed as shown in the tion to each other at any given moment within a band Annex to this Regulation. of 2,25 % , a rate of exchange based on their central rate, multiplied by the coefficient provided for in Article 2b (2) of Regulation (EEC) No 974/71 (2), as Article 2 last amended by Regulation (EEC) No 855/84 (3), — for other currencies, an exchange rate based on the This Regulation shall enter into force on 1 December 1985 . arithmetic mean of the spot market rates of each of

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

Done at Brussels, 29 November 1985 .

For the Commission Frans ANDRIESSEN Vice-President

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

30. 11 . 85 Official Journal of the European Communities No L 321 / 11

ANNEX

to the Commission Regulation of 29 November 1985 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 142,77 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, 133,94 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 127,50 and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight Q

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 Q

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

11.01 F Rice flour —

11.02 A III (a) Barley groats and meal, of an ash content, referred to dry matter, not exceeding 147,53 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 % 133,94 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)

Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0,9 % 163,93 1 1.02 A V (a) by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by weight (') (8)

Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1 ,3 % 127,50 11.02 A V(b) by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight (') (8)

Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by 109,28 11.02 A V(c) weight but not exceeding 1 ,7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % by weight (') (8)

— 11.02 A VI Rice groats and meal

142,77 11.02 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)

— 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)

— 1 1 .02 B I a) 2 (aa) Clipped oats

No L 321 / 12 Official Journal of the European Communities 30 . 11 . 85

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

1 1.02 B I a) 2 bb) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not 119,06 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)

— 1 1 .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)

11.02 Bib) 1 (aa) Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 142,77 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 B I b) 1 (bb) Hulled and sliced or kibbled barley, not included under No 1 1 .02 B I b) 1 (aa) ('Griitze' 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 126,50 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 ('Griitze' 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) ('Griitze' 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 ) Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not 136,60 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) (8)

1 1.02 B II c) (2) Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not 104,73 exceeding 1 ,3 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight ('Gruetze' or 'Grutten') (2) (8)

1 1.02 C III (a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 190,36 weight (without talc) — 1st category (3)

1 1.02 C 111(b) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 152,29 weight (without talc) — 2nd category (3)

— 11.02 CIV Pearled oats (3)

11.02 D I Wheat not otherwise worked than kibbled 67,00

1 1.02 D II Rye not otherwise worked than kibbled 82,00

1 1 102 E I b) 1 (aa) Flaked barley, of an ash content , referred to dry matter, not exceeding 1 % by 142,77 weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by weight

— 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 148,82 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 119,06 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

— 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)

Flaked maize, of a fat content, referred to dry matter, not exceeding 0,9 % by 145,71 ex 1 1.02 E II c) ( 1 ) weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by weight

30. 11 . 85 Official Journal of the European Communities No L 321 / 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 118,39 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 — 1 1 .02 E II d) 1 11.02 Fill — Barley pellets 11.02 F IV — Oat pellets 1 1.02 F V — Maize pellets 11.02G I 20,75 Wheat germ, whole, rolled, flaked or ground 11.02 G II 22,77 Germ of cereals other than wheat, whole, rolled, flaked or ground 1 1 .07 A I a) Unroasted malt, obtained from wheat, in the form of flour 147,72 11.07 A II a) Unroasted malt, other than that obtained from wheat, in the form of flour 169,42 11.08 A I Maize starch (*) 115,37 11.08 All Rice starch (*) 152,32 11.08 A III Wheat starch (*) 121,44 11.08 A IV Potato starch (6) 115,37 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 147,92 by weight (N x 6,25) 17.02 B II a) Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 % 150,49 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 115,37 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 157,65 dry matter, in the form of powder, whether or not agglomerated 17.02 F lib) Caramel, other than caramel containing 50 % or more by weight of sucrose in the 109,64 dry matter, other than in the form of powder 21.07 F II Flavoured or coloured glucose syrup, and malto-dextrine syrup 115,37 23.02 A I a) Brans sharps and other residues derived from the sifting, milling or working of 21,54 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 21,54 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 21,54 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 21,54 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 57,32 steeping liquors), of a protein content, calculated on dry matter, of 63 % or more by weight (N x 6,25)

No L 321 / 14 Official Journal of the European Communities 30 . 11 . 85

(') 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). (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. (*) 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 analytical method to be used for the determination of the fatty matter content is that printed in Annex I (method A) to Directive 84/4/EEC (OJ No L 15, 18 . 1 . 1984, p. 28). v (8) 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 I (Method A) to Directive 84/4/EEC (OJ No L 15, 18 . 1 . 1984, p. 28).