TO THE QUESTIONS SUBMITTED TO IT BY THE BUNDESFINANZHOF BY ORDER OF 18 NOVEMBER 1980 , HEREBY RULES :
1 . ' ' PEARLED GRAINS OF BARLEY ' ' , WITHIN THE MEANING OF THE ANNEX TO REGULATION NO 19 , ARTICLE 5 ( 1 ) ( D ) OF REGULATION NO 141/64 AND REGULATION NO 11/66 , MUST BE TAKEN TO MEAN GRAINS OF BARLEY WHICH SATISFY , AS A MINIMUM , THE CONDITIONS LAID DOWN IN THE EXPLANATORY NOTES TO THE CUSTOMS COOPERATION COUNCIL NOMENCLATURE CONCERNING HEADING 11.02 .
2.IN MARCH AND APRIL 1966 , PURSUANT TO COMMUNITY LAW AS THEN IN FORCE REGARDING THE EXPORT TO NON-MEMBER COUNTRIES OF CEREAL-BASED PROCESSED PRODUCTS , MEMBER STATES WERE PERMITTED TO TREAT AS CONSIGNMENTS OF PEARLED BARLEY ONLY CONSIGNMENTS OF BARLEY IN WHICH THE PROPORTION OF PEARLED GRAINS CONSIDERABLY EXCEEDED 50% BY WEIGHT OF THE DRY MATTER .