****

( 1 ) OJ NO L 281 , 1 . 11 . 1975 , P . 1 .

( 2 ) OJ NO L 303 , 28 . 11 . 1977 , P . 1 .

( 3 ) OJ NO L 59 , 10 . 3 . 1969 , P . 1 .

( 4 ) OJ NO L 42 , 18 . 2 . 1976 , P . 12 .

COMMISSION REGULATION ( EEC ) NO 269/78

OF 9 FEBRUARY 1978

INCLUDING WHEAT GROATS AND WHEAT MEAL IN THE LIST OF PROCESSED PRODUCTS COVERED BY THE SYSTEM OF ADVANCE PAYMENT OF REFUNDS

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2727/75 OF 29 OCTOBER 1975 ON THE COMMON ORGANIZATION OF THE MARKET IN CEREALS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2560/77 ( 2 ),

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 441/69 OF 4 MARCH 1969 LAYING DOWN ADDITIONAL GENERAL RULES FOR GRANTING EXPORT REFUNDS ON PRODUCTS SUBJECT TO A SINGLE PRICE SYSTEM , EXPORTED UNPROCESSED OR IN THE FORM OF CERTAIN GOODS NOT COVERED BY ANNEX II TO THE TREATY ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 337/76 ( 4 ), AND IN PARTICULAR THE SECOND SUBPARAGRAPH OF ARTICLE 2 ( 3 ) THEREOF ,

WHEREAS THE LIST SET OUT IN ANNEX I TO REGULATION ( EEC ) NO 441/69 CONCERNS PROCESSED PRODUCTS OR GOODS DERIVED FROM THE PROCESSING OR MANUFACTURE OF THE BASIC PRODUCTS COVERED BY THE SYSTEM OF ADVANCE PAYMENT OF REFUNDS SET UP BY THAT REGULATION ; WHEREAS THE SECOND SUBPARAGRAPH OF ARTICLE 2 ( 3 ) THEREOF EMPOWERS THE COMMISSION TO REVIEW AND AMEND AS NECESSARY THIS LIST IN LINE WITH THE CRITERIA FIXED IN PARAGRAPH 2 OF THE SAID ARTICLE ;

WHEREAS COMMUNITY MACARONI , SPAGHETTI AND SIMILAR PRODUCTS , THE PRODUCTION OF WHICH CONSTITUTES A LATER STAGE IN THE PROCESSING CHAIN THAN THE PROCESSING OF WHEAT INTO GROATS AND MEAL , BENEFIT FROM THE SYSTEM OF ADVANCED PAYMENT OF REFUNDS SET UP BY REGULATION ( EEC ) NO 441/69 ; WHEREAS COMMUNITY MANUFACTURERS OF MEAL DO NOT ENJOY THE SAME ADVANTAGES AS COMMUNITY MANUFACTURERS OF MACARONI , SPAGHETTI AND SIMILAR PRODUCTS ALTHOUGH THE SAME BASIC PRODUCT IS INVOLVED BUT AT DIFFERENT STAGES OF PROCESSING ; WHEREAS MANUFACTURERS OF MEAL ARE THUS AT A DISADVANTAGE ;

WHEREAS FURTHERMORE THERE ARE GREAT DIFFICULTIES IN DISPOSING OF COMMUNITY GROATS AND MEAL ON THE WORLD MARKET ; WHEREAS MANUFACTURERS OF COMMUNITY CEREAL GROATS AND MEAL SHOULD BE PUT ON AN EQUAL FOOTING WITH MANUFACTURERS USING THE INWARD PROCESSING ARRANGEMENTS ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR CEREALS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

IN ANNEX I TO REGULATION ( EEC ) NO 441/69 , A HEADING AS FOLLOWS IS INSERTED AFTER THAT RELATING TO CCT HEADING NO 11.01 :

//

CCT HEADING NO // DESCRIPTION //

//

11.02 // CEREAL GROATS AND CEREAL MEAL ; OTHER //

// WORKED CEREAL GRAINS ( FOR EXAMPLE , ROLLED , //

// FLAKED , POLISHED , PEARLED OR KIBBLED BUT //

// NOT FURTHER PREPARED ), EXCEPT RICE FALLING //

// WITHIN HEADING NO 10.06 ; GERM OF CEREALS , //

// WHOLE , ROLLED , FLAKED OR GROUND : //

// A . CEREAL GROATS AND CEREAL MEAL : //

// I . WHEAT //

ARTICLE 2

THIS REGULATION SHALL ENTER FORCE ON THE SEVENTH DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 9 FEBRUARY 1978 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT