31986R0208

1 . 2 . 86 Official Journal of the European Communities No L 27/9

COMMISSION REGULATION (EEC) No 208/86 of 31 January 1986 fixing the export refunds on products processed from cereals and rice

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

Whereas, on the basis of the criteria laid down in Regula­ Having regard to Council Regulation (EEC) No 2727/75 tion (EEC) No 2744/75, particular account should be of 29 October 1975 on the common organization of the taken of the prices and quantities of basic products used market in cereals ('), as last amended by Regulation (EEC) to calculate the variable component of the levy ; whereas No 3768/85 (2), and in particular the fourth subparagraph Article 8 of Regulation (EEC) No 2744/75 and Article 1 of Article 16 (2) thereof, of Regulation (EEC) No 1077/68 (8), as amended by Regu­ lation (EEC) No 2764/71 (9), provide that the amount of the export refund should, for certain products, be reduced Having regard to Council Regulation (EEC) No 1418/76 by an amount equal to the production refund granted in of 21 June 1976 on the common organization of the respect of the basic products ; market in rice (3), as last amended by Regulation (EEC) No 3768/85, and in particular the fourth subparagraph of Article 17 (2) thereof, Whereas it follows from applying these detailed rules to the present situation on the market in products processed Having regard to the opinion of the Monetary Committee, from cereals and rice that the export refund should be fixed at an amount which will cover the difference between Community prices and world market prices ; Whereas Article 16 of Regulation (EEC) No 2727/75 and 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 Whereas when the refund is being calculated account lations and prices for those products within the Commu­ should be taken of the quantities of raw materials used to nity may be covered by an export refund ; determine the variable component of the levy ; whereas the quantities of raw materials used for certain processed products may vary according to the end use of the Whereas Article 2 of Council Regulation (EEC) No product ; whereas, depending on the manufacturing 2746/75 of 29 October 1975 (4), and Article 2 of Council process used, products other than the main product are Regulation (EEC) No 1431 /76 of 21 June 1976 (*) laying obtained, the quantity and value of which may vary with down general rules for granting export refunds on cereals the nature and quality of the main products being manu­ and rice respectively and criteria for fixing the amount of factured ; whereas cumulation of the refunds on the such refunds, provide that when refunds are being fixed various products manufactured by a single process from account must be taken of the existing situation and the the same basifc product may make it possible, in certain future trend with regard to prices and availabilities of cases, to export to third countries at prices which are cereals, rice and broken rice on the Community market lower than world market prices ; whereas the refund on on the one hand and prices for cereals, rice, broken rice certain products should therefore be limited to an amount and cereal products on the world market on the other ; which, while allowing access to the world market, will whereas the same Articles provide that it is also important ensure that the aims of the common organization of the to ensure equilibrium and the natural development of markets are respected ; prices and trade on the markets in cereals and rice and, 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 the ash, crude fibre, tegument, protein, fat and starch Whereas Article 6 of Council Regulation (EEC) No content of the individual product concerned, this content 2744/75 of 29 October 1975 on the import and export being a particularly good indicator of the quantity of basic system for products processed from cereals and from rice product actually incorporated in the processed product ;

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 362, 31 . 12. 1985, p. 8 . (6) OJ No L 281 , 1 . 11 . 1975, p. 65. (3) OJ No L 166, 25. 6. 1976, p. 1 . 0 OJ No L 107, 19 . 4. 1984, p. 15. (<) OJ No L 281 , 1 . 11 . 1975, p. 78 . (8) OJ No L 181 , 27. 7. 1968, p. 1 . h OJ No L 166, 25. 6. 1976, p. 36. (') OJ No L 283, 24. 12. 1971 , p. 30 .

No L 27/ 10 Official Journal of the European Communities 1 . 2. 86

K Whereas there is no need at present to fix an export — for other currencies, an exchange rate based on the refund for manioc, other tropical roots and tubers or arithmetic mean of the spot market rates of each of flours obtained therefrom, given the economic aspect of these currencies recorded for a given period in rela­ potential exports and in particular the nature and origin tion to the Community currencies referred to in the of these products ; whereas, for certain products processed previous indent, and the aforesaid coefficient ; from cereals, the insignificance of Community participa­ Whereas the refund must be fixed once a month ; tion in world trade makes it unnecessary to fix an export whereas it may be altered in the intervening period ; refund at the present time ; Whereas the Management Committee for Cereals has not Whereas the world market situation or the specific requi­ delivered an opinion within the time limit set by its rements of certain markets may make it necessary to vary chairman, the refund for certain products according to destination ;

Whereas Regulation (EEC) No 2806/71 (') lays down addi­ HAS ADOPTED THIS REGULATION : 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 Regulation (EEC) No 1418/76 and subject to Regulation — in the case of currencies which are maintained in rela­ (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 corrective factor provided for in Article 2 the last paragraph of Article 3 ( 1 ) of Regulation (EEC) No 1676/85 (2), This Regulation shall enter into force on 1 February 1986.

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

Done at Brussels, 31 January 1986. For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 284, 28 . 12. 1971 , p. 9 . h) OJ No L 164, 24. 6. 1985, p. 1 .

1 . 2. 86 Official Journal of the European Communities No L 27/ 11

ANNEX

to the Commission Regulation of 31 January 1986 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 147,69 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, 130,48 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 145,38 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

Barley groats and meal, of an ash content, referred to dry matter, not exceeding 152,61 11.02 A III (a) 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 1 1 .02 A III (a)

Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2,3 % 130,48 11.02 A IV (a) 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)

Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0,9 % 186,91 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 % 145,38 1 1 .02 A V (b) by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight (') (8)

124,61 11.02 A V (c) Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by 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

Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not 147,69 11.02 B I a) 1 (aa) 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 27/ 12 1 . 2. 86 Official Journal of the European Communities

(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 115,98 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 B I b) 1 (aa) Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 147,69 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 1 1 .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 123,23 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)

— 11.02 Bib) 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 ) Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not 155,76 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 lie) (2) Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not 119,42 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 196,92 weight (without talc) — 1 st category (3)

1 1.02 C 111(b) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by 157,54 weight (without talc) — 2nd category (3)

— 11.02 C IV Pearled oats (3)

1 1 .02 D I 71,00 Wheat not otherwise worked than kibbled

11.02 D II Rye not otherwise worked than kibbled 92,00

11.02 E lb) 1 (aa) Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by 147,69 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)

Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by 144,98 1 1 .02 E I b) 2 (aa) 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 115,98 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

— 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 166,14 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

1 . 2. 86 Official Journal of the European Communities No L 27/ 13 I (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 134,99 weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight

— ex 1 1.02 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 — 11.02 E II d) 1 11.02 Fill — Barley pellets 11.02 F IV — Oat pellets 11.02 FV — Maize pellets 11.02G I 24,13 Wheat germ, whole, rolled, flaked or ground 1 1.02 G II 25,96 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 171,81 11.07 A II a) Unroasted malt, other than that obtained from wheat, in the form of flour 175,26 11.08 A I Maize starch (*) 135,93 11.08 All Rice starch 189,15 11.08 A III Wheat starch (*) 151,21 11.08 A IV Potato starch (6) 135,93 11.08 A V — Starches other than maize, rice, wheat, or potato starch (*) 11.09 A 184,20 Dried wheat gluten, of a protein content, referred to dry matter, of 82 % or more by weight (N x 6,25) 17.02 B II a) Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 % 177,30 or more by weight of the pure product, in the form of white crystalline powder, whether or not agglomerated (4) 17.02 B lib) Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­ 135,93 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 185,75 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 129,18 dry matter, other than in the form of powder 21.07 F II Flavoured or coloured glucose syrup, and malto-dextrine syrup 135,93 23.02 A I a) Brans sharps and other residues derived from the sifting, milling or working of 23,91 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 23,91 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 23,91 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 23,91 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 67,54 steeping liquors), of a protein content, calculated on dry matter, of 63 % or more by weight (N X 6,25)

No L 27/ 14 Official Journal of the European Communities 1 . 2. 86

(') 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).

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).