31987R3582

No L 339/ 10 1 . 12. 87 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3582/87 of 30 November 1987 fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES, system for products processed from cereals and from rice Q, as last amended by Regulation (EEC) No 1906/87 (8), defines the specific criteria to be taken into Having regard to the Treaty establishing the European account when the refund on these products is being Economic Community, calculated ;

Having regard to the Act of Accession of Spain and Portugal, Whereas, on the basis of the criteria laid down in Regula­ tion (EEC) No 2744/75, particular account should be Having regard to Council Regulation (EEC) No 2727/75 taken of the prices and quantities of basic products used of 29 October 1975 on the common organization of the to calculate the variable component of the levy ; whereas market in cereals (!), as last amended by Regulation (EEC) Article 8 of Regulation (EEC) No 2744/75 and Article 1 No 1900/87 (2), and in particular the fourth subparagraph of Commission Regulation (EEC) No 1077/68 (*), as of Article 16 (2) thereof, amended by Regulation (EEC) No 2764/71 (10), provide that the amount of the export refund should, for certain products, be reduced by an amount equal to the produc­ Having regard to Council Regulation (EEC) No 1418 /76 tion refund granted in respect of the basic products ; of 21 June 1976 on the common organization of the market in rice (3), as last amended by Regulation (EEC) No 1907/87 (4), 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 from cereals and rice that the export refund should be Having regard to the opinion of the Monetary Committee, 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 Whereas when the refund is being calculated account market for the products listed in Article 1 of those Regu­ should be taken of the quantities of raw materials used to lations and prices for those products within the Commu­ determine the variable component of the levy ; whereas nity may be covered by an export refund ; 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 (*), and Article 2 of Council Regulation (EEC) No process used, products other than the main product are 1431 /76 (^ laying down general rules for granting export obtained, the quantity and value of which may vary with the nature and quality of the main products being manu­ refunds on cereals and rice respectively and criteria for factured ; whereas cumulation of the refunds on the fixing the amount of such refunds, provide that when various products manufactured by a single process from refunds are being fixed account must be taken of the exis­ ting situation and the future trend with regard to prices the same basic product may make it possible, in certain and availabilities of cereals, rice and broken rice on the cases, to export to third countries at prices which are lower than world market prices ; whereas the refund on Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world certain products should therefore be limited to an amount market on the other ; whereas the same Articles provide which, while allowing access to the world market, will ensure that the aims of the common organization of the that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in markets are respected ; 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 product actually incorporated in the processed product ; (') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 182, 3 . 7 . 1987, p. 40 . (3) OJ No L 166, 25. 6 . 1976, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 65. (4) OJ No L 182, 3 . 7. 1987, p . 51 . (8) OJ No L 182, 3 . 7. 1987, p. 49 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . 0 OJ No L 181 , 27. 7. 19'68, p. 1 . (*) OJ No L 166, 25. 6. 1976, p . 36 . (10) OJ No L 283, 24. 12. 1971 , p. 30.

1 . 12 . 87 Official Journal of the European Communities No L 339/ 11

Whereas there is no need at present to fix an export Whereas the refund must be fixed once a month ; refund for manioc, other tropical roots and tubers or whereas it may be altered in the intervening period ; flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin Whereas, pursuant to Article 275 of the Act of Accession of these products ; whereas, for certain products processed of Spain and Portugal, refunds may be granted in the case from cereals, the insignificance of Community participa­ of exports to Portugal ; whereas, in the light of the situa­ tion in world trade makes it unnecessary to fix an export tion and the level of prices no refund should be fixed in refund at the present time ; the case of exports to Portugal ;

Whereas the world market situation or the specific requi­ Whereas the measures provided for in this Regulation are rements of certain markets may make it necessary to vary in accordance with the opinion of the Management the refund for certain products according to destination ; Committee for Cereals,

Whereas Commission 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, if the refund system is to operate normally, Article 1 refunds should be calculated on the following basis : — in the case of currencies which are maintained in rela­ The export refunds on the products listed in Article 1 (d) tion to each other at any given moment within a band of Regulation (EEC) No 2727/75 and in Article 1 (1 ) (c) of of 2,25 % , a rate of exchange based on their central Regulation (EEC) No 1418/76 and subject to Regulation rate, multiplied by the corrective factor provided for in (EEC) No 2744/75 are hereby fixed as shown in the the last paragraph of Article 3 ( 1 ) of Council Regula­ Annex to this Regulation. tion (EEC) No 1676/85 (2), as last amended by Regula­ The refund on export to Portugal has not been fixed. tion (EEC) No 1 636/87 (3), — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of Article 2 these currencies recorded for a given period in rela­ tion to the Community currencies referred to in the This Regulation shall enter into force on 1 December previous indent, and the aforesaid coefficient ; 1987.

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

Done at Brussels , 30 November 1987.

For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 284, 28 . 12. 1971 , p. 9. 0 OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 153, 13 . 6. 1987, p. 1 .

No L 339 / 12 Official Journal of the European Communities 1 . 12. 87

ANNEX

to the Commission Regulation of 30 November 1987 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 172,77 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) 117,48

11.01 D (I) Oat flour, of an ash content, referred to dry matter, not exceeding 2,3 % by weight, 213,10 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

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 13 % by weight 16838 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 14432 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 II Rye groats and meal 178,53

11.02 A III (a) Barley groats and meal, 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 A 111(b) Barley groats and meal not included under No 1 1 .02 A III (a) 213,10

11.02 A IV (a) Oat groats and meal, 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 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) 216,49

1 1.02 A V (a) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0,9 % 16838 by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by weight (') (8)

11.02 A V (b) Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1,3 % 14432 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 13 % 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 172,77

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)

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 18939

1 . 12 . 87 No L 339/ 13 Official Journal of the European Communities

(ECU/tonne)

Number in nomenclature Refund Nomenclature in simplified wording 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 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) 172,77

11.02 Bib) 1 (aa) Hulled and sliced or kibbled 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 ('Grutze' 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) 201,23 ('Grutze' or 'Grutten') (2)

11.02 Bib) 2 (aa) Hulled and sliced or kibbled 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 1 1 % and of which the peroxydase is virtually inactivated ('Grutze ' or 'Grutten') (2)

1 1 .02 B I b) 2 (bb) Hulled and sliced or kibbled oats not included under No 11.02 B Ib)2(aa) ('Grutze' or 'Grutten') (2)

1 1.02 B II a) ( 1 ) Hulled (shelled or husked) wheat, not sliced or kibbled (2) 180,41

1 1.02 B II c) (1 ) Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not 138,31 exceeding 0,9 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0,6 % by weight ('Gruetze' or 'Grutten5) (2) (8)

1 1.02 B lie) (2) Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not 230,36 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 184,29 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 weight (without talc) — 2nd category (3)

11.02 CIV Pearled oats (3) 108,00

11.02 DI Wheat not otherwise worked than kibbled 105,00

11.02 D II Rye not otherwise worked than kibbled 172,77

1 1 .02 E I b) 1 (aa) Flaked 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

11.02EIb)l (bb) Flaked barley not included under 1 1.02 E I b) 1 (aa) 236,74

1 1 .02 E I b) 2 (aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by 189,39 weight, of a tegument content not exceeding 0,1 % , of a moisture content not exceeding 12 % 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 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) 124,44

11.02 E II a Flaked wheat 192,43

ex 1 1.02 E II c) (1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0,9 % by 156,35 weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by weight

Mo L 339 / 14 Official Journal of the European Communities 1 . 12. 87

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

— ex 1 1.02 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 % by weight 11.02 E II d) 1 Flaked rice 124,44 11.02 F I Wheat pellets 117,48 11.02 Fill — Barley pellets 11.02 F IV Oat pellets 122,68 11.02 FV Maize pellets 30,50 11.02 G I Wheat germ, whole, rolled, flaked or ground 30,07 11.02 G II 217,16 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 205,02 11.07 A II a) Unroasted malt, other than that obtained from wheat, in the form of flour 176,43 11.08 A I Maize starch (*) 188,66 11.08 All Rice starch (*) 216,00 11.08 A III Wheat starch 176,43 11.08 A IV — Potato starch (*) 11.08 A V Starches other than maize, rice, wheat, or potato starch (*) 172,80 11.09 A Dried wheat gluten , of a protein content, referred to dry matter, of 82 % or more 230,46 by weight (N x 6,25) 17.02 B II a) Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 % 176,43 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 241,49 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 167,61 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 176,43 dry matter, other than in the form of powder 21.07 F II Flavoured or coloured glucose syrup, and malto-dextrine syrup 28,60 23.02 A I a) Brans sharps and other residues derived from the sifting, milling or working of 28,60 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 28,60 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 , 28,60 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 88,22 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 79,79 steeping liquors), of a protein content, calculated on dry matter, of 63 % or more by weight (N x 6,25)

1 . 12 . 87 Official Journal of the European Communities No L 339/ 15

(') 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. (*) 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 ).