CELEX: 31973R0853
Language: en
Date: 1973-03-31 00:00:00
Title: Regulation (EEC) No 853/73 of the Commission of 30 March 1973 fixing the export refunds on products processed from cereal and rice

No L 85/22                            Official Journal of the European Communities                               31 . 3 . 73
                                  REGULATION (EEC) No 853/73 OF THE COMMISSION
                                                       of 30 March 1973
                            fixing the export refunds on products processed from cereals and rice
   THE COMMISSION OF THE EUROPEAN                                     thermore, to take into account the economic aspect
   COMMUNITIES,                                                       of the proposed exports and the need to avoid distur­
                                                                      bances on the Community market ;
  Having regard to the Treaty establishing the Euro­
  pean Economic Community ;                                          Whereas Article 6 of Council Regulation (EEC) No
  Having regard to Council Regulation No 120/67/                      1052/68 (8) of 23 July 1968 on the import and ex­
  EEC (*) of 13 June 1967 on the common organiza­                    port system for products processed from cereals and
  tion of the market in cereals, as last amended by                  from rice, as last amended by Regulation (EEC) No
  the Act (2) annexed to the Treaty (8) on the Acces­                2728 /71 (9), defines the specific criteria to be taken
  sion of new Member States to the European Eco­                     into account when the refund on these products is
  nomic Community and the European Atomic Energy                     being calculated ;
  Community, signed at Brussels on 22 January 1972,
  and tin particular the first sentence of the fourth                Whereas, on the basis of the criteria laid down in
  subparagraph of Article 16 (2) thereof ;                           Regulation (EEC) No 1052/68, particular account
                                                                     should be taken of the prices and quantities of basic
 Having regard to Council Regulation No 359/67/                      products used to calculate the variable component
  EEC (4) of 25 July 1967 on the common organiza­                    of the levy ; whereas, therefore, as is laid down for
  tion of the market in rice, as last amended by the                the determination of the variable component, ac­
  Act annexed to the Treaty on the Accession of new                  count should be taken of the average of the levies
  Member States to the European Economic Com­                        on the basic products concerned during a representa­
 munity and the European Atomic Energy Community,                   tive period, namely the first twenty-five days of the
  signed at Brussels on 22 January 1972, and in                      month preceding the month of exportation ; whereas
 particular the first sentence of the fourth subpara­                this average should be adjusted for the threshold
  graph of Article 17 (2) thereof ;                                 price for these basic products which will be in
                                                                    force during the month of exportation ; whereas Art­
 Having regard to the Opinion of the Monetary                       icle 8 of Regulation (EEC) No 1052/68 and Article
  Committee ;                                                        1 of Regulation (EEC) No 1077/68 ( 10), amended by
 Whereas Article 16 of Regulation No 120/67/EEC                     Regulation (EEC) No 2764/71 (n), provide that
 and Article 17 of Regulation No 359/67/EEC pro­                    the amount of the export refund should, for certain
 vide that the difference between quotations or prices              products, be reduced by an amount equal to the pro­
 on the world market for the products listed in Ar­                 duction refund granted in respect of the basic pro­
 ticle 1 of those Regulations and prices for those                  duct ;
 products within the Community may be covered
 by an export refund ;                                              Whereas it follows from applying these rules and cri­
                                                                    teria to the present situation on the market in pro­
 Whereas Article 2 of Council Regulation No 139/67/                 ducts processed from cereals and rice that the export
 EEC (5) of 21 June 1967 and Article 2 of Council                   refund should be fixed at an amount which will
 Regulation No 366/67/EEC (6) of 25 July 1967 lay­                  cover the difference between Community prices and
ing down general rules for granting export refunds                 world market prices ;
on cereals and rice respectively and criteria for fix­
ing the amount of such refunds, as amended by Reg­                 Whereas when the refund is being calculated ac­
ulation No 1019/67/EEC (7), provide that when re­                  count should be taken of the quantities of raw mate­
funds are being fixed account must be taken of the                 rials used to determine the variable component of
existing situation and the future trend with regard                the levy ; whereas the quantities of raw materials
to prices and availabilities of cereals, rice and                  used for certain processed products may vary accord­
broken rice on the Community market on the one                     ing to the end use of the product ; whereas, depend­
hand and prices for cereals, rice and broken rice on              ing on the manufacturing process used, products
the world market on the other ; whereas the same                  other than the main product are obtained, the quan­
Articles provide that it is also important to ensure              tity and value of which may vary with the nature
equilibrium and the natural development of prices                  and quality of the main products being manufac­
and trade on the markets in cereals and rice and, fur­            tured ; whereas cumulation of the refunds on the
                                                                  various products manufactured by a single process
(1)  OJ No  117, 19.6. 1967, p. 2269/67.                          from the same basic product may make it possible,
(2)  OJ No  L 73, 27. 3 . 1972, p. 14.
(3)  OJ No  L 73, 27. 3 . 1972, p. 5 .
(')  OJ No  174, 31 . 7. 1967, p. 1 .                              (8)  OJ  No  L 179, 25. 7. 1968 , p. 8 .
(«)  OJ No  125, 26. 6. 1967, p. 2453/67.                         (9 )  OJ  No  L 282, 23 . 12 . 1971 , p . 15 .
(9)  OJ No  174, 31 . 7. 1967, p. 34.                             ( 10) OJ  No  L 181 , 27. 7. 1968, p. 1 .
(7) OJ No 311 , 21 . 12 . 1967, p . 13 .                          (»)   OJ  No  L 283 , 24. 12 . 1971 , p. 30.
 ---pagebreak--- 31 . 3 . 73                           Offioial Journal of the European Communities                         No L 85/23
in certain cases, to export to third countries at prices        for certain products processed from cereals and
which are lower than world market prices ; whereas              rice ;
the refund on certain products should therefore be
limited to an amount which, while allowing access               Whereas, if the refund system is to operate normally,
to the world market, will ensure that the aims of the           refunds should be calculated on the basis of an
common organization of the markets are respected ;              exchange rate which is based, in the oase of currencies
                                                                which are floating or whose central rate differs from
Whereas the refund to be granted in respect of cer­             the official parity, on the effective rate or the
tain processed products should be graduated on the              central rate of these currencies and, in the case of
basis of the ash, crude fibre, tegument, protein, fat           the US dollar, on the change in parity announced
and starch content of the individual product con­               on 13 February 1973 ;
cerned, this content being a particularly good indica­
tor of the quantity of basic product actually incor­            Whereas the refund must be fixed once a month ;
porated in the processed product ;                              whereas it may be altered in the intervening period ;
                                                                Whereas the measures provided for in this Regula­
Whereas there is no need at present to fix an export            tion are in accordance with the Opinion of the Man­
refund for manioc, other tropical roots and tubers              agement Committee for Cereals ;
or flours obtained therefrom, given the economic
aspect of potential exports and in particular the               HAS ADOPTED THIS REGULATION :
nature and origin of these products ; whereas, for cer­
tain products processed from cereals, the insignifi­                                     Article 1
cance of Community participation in world trade
makes it unnecessary to fix an export refund at the             The export refunds on the products listed in Article
present time ;                                                  1 (d) of Regulation No 120/67/EEC and in Article
                                                                1 ( 1 ) (c) of Regulation No 359/67/EEC and subject
Whereas the world market situation or the specific              to Regulation (EEC) No 1052/68 are hereby fixed as
requirements of certain markets may make it neces­              shown in the Annex to this Regulation.
sary to vary the refund for certain products accord­
ing to destination ;                                                                     Article 2
Whereat Regulation (EEC) No 2806/71 (*) lays                    This Regulation shall enter into force on 1 April
down additional rules for granting export refunds               1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 March 1973 .
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
 (*) OJ No L 284, 28 . 12 . 1971 , p. 9.
 ---pagebreak---  No L 85/24                              Offioial Journal of the European Communities                               31 . 3 . 73
                                                               ANNEX
          Number                                                                                                    Refund in
     in nomenclature                                   Nomenclature in simplified wording                          u.a. /100 kç
     used for refunds                                                                                           (third countries)
 11.01 C (I)                Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 °/o by         4-685
                            weight and of a crude fibre content, referred to dry matter, not exceeding
                            0-9 °/o weight
 11.01 C (II )              Barley flour not included under No 11.01 C (I)                                            3-186
 11.01 D (I)                Oat flour, of an ash content, referred to dry matter, not exceeding 2*3 °/o by            3-634
                            weight, 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)                                               2-059
11.01 E (I)                 Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 % by            5-582
                            weight and of a crude fibre content, referred to dry matter, not exceeding
                            0-8 °/o by weight
11.01 E (II)                Maize flour, of a fat content, referred to dry matter, exceeding 1-3 % but not            4-784
                            exceeding 1-7% by weight and of a crude fibre content, referred to dry matter,
                            not exceeding 1 °/o by weight
11.01 E (III )              Maize flour not included under No 11.01' E (I) and (II)                                   3-469
11.01 F                     Rice flour                                                                                 —
11.01 H                     Millet flour                                                                              3-269
11.02 A III (a)             Barley groats and meal, of an ash content, referred to dry matter, not exceeding          4-841
                            1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                            0-9 % by weight
11.02 A III (b)             Barley groats and meal not included under No 11.02 A III (a)                             3-186
11.02 A IV ( a)             Oat groats and meal, of an ash content, referred to dry matter, not exceeding            3-634
                            2-3 Vo by weight, of a tegument content not exceeding 0-1 %, of a moisture con­
                            tent not exceeding 11 °/o 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)                                 2-059
11.02 A V ( a)              Maize groats and meal, of a fat content, referred to dry matter, not exceeding           7-177
                            0-9 % by weight and a*crude fibre content, referred to dry matter, not exceeding
                           0-6 °/o by weight (*)
11.02 A V (b)               Maize groats and meal, of a fat content, referred to dry matter, not exceeding           5-582
                           1-3 °/o 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                4-784
                           1*3 Vo by weight but not exceeding 1-7 °/o by weight and of a crude fibre content,
                           referred to dry matter, not exceeding 1-0 % weight (*)
11.02 A VI                 Rice groats and meal                                                                        —
11.02 B I a) 1 ( aa)       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not         4-685
                           exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                           not exceeding 0-9 °/o by weight (2)
11.02 B I a ) 1 ( bb )     Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (*)           3-186
11.02 B I a) 2 ( aa)       Clipped oats                                                                                —
1 1.02 B I a) 2 bb) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not           3-230
                           exceeding 2-3 % by weight, of a tegument content not exceeding 0-5 °/o, of a
                           moisture content not exceeding ll°/o and of which the Peroxydase is virtually
                           inactivated (2)
11.02 B I a) 2 bb) (22)    Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (')     2-059
 ---pagebreak---  31 . 3 . 73                         Official Journal of the European Communities                             No L 85/25
          Number                                                                                                 Refund in
      in nomenclature                                 Nomenclature in simplified wording                        u.a ./100 k$
     used for refunds                                                                                        (third countries)
 11.02 B I b) 1 (aa)    Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not        4-685
                        exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                        not exceeding 0*9 %> by weight ('Grütze' or 'Grutten') (2)
'11.02 B I b) 1 (bb)    Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)             3-186
                        (' Grütze' or ' Grutten') (2)
 11.02 B I b) 2 (aa)    Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not         3-432
                        exceeding 2-3 °/o weight, of a tegument content not exceeding 0-1 °/o, of a moisture
                        content not exceeding 11 °/o and of which the Peroxydase is virtually inactivated
                        (' Grütze' or ' Grutten') (*)
 11.02 B I b) 2 (bb)    Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)                2-059
                        ('Grütze' or ' Grutten') (2)
 11.02 B II a) ( 1 )    Hulled (shelled or husked) wheat, not sliced or kibbled (2)                                4-943
 11.02 C III ( a)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by            6-246
                        weight (without talc) — 1st category (3)
 11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by          4-997
                        weight (without talc) — 2nd category (3)
 11.02 C IV              Pearled oats (3)                                                                          2-059
 11.02 D II             Rye not otherwise worked than kibbled                                                      3-570
 11.02 E I b) 1 (aa)     Flaked oats, of an ash content, referred to dry matter, not exceeding 1 °/o by            4-685
                         weight and of a crude fibre content, referred to dry matter, not exceeding
                         0-9 % by weight
  11.02 E I b) 1 (bb)    Flaked barley not included under 11.02 E I b) 1 (aa)                                      3-186
 11.02 E I b) 2 (aa)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2*3 °/o by           4-038
                        weight, of a tegument content not exceeding 0-1 °/o, of a moisture content not
                        exceeding 12 %> and of which the Peroxydase is virtually inactivated
 11.02 E I b) 2 (bb)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 %> by            3-230
                        weight, of a tegument content exceeding 0·1 °/o but not exceeding 1-5 °/o, of a
                        moisture content not exceeding 12 °/o and of which the Peroxydase is virtually
                        inactivated
 11.02 E I b) 2 (cc)    Flaked oats not included under Nos 11.02 E I b) 2 ( aa) and 11.02 E I b) 2 (bb)            2-059
 ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0·9 % by             6-375'
                        weight and of a crude fibre content, referred to dry matter, not exceeding
                        0-7 °/o by weight
                        Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 °/o by           5-183
 ex 11.02 E II c) (2)
                        weight and of a crude fibre content, referred to dry matter, not exceeding
                        0·8 °/o by weight
 ex 11.02 E II c) (3 )  Flaked maize, of a fat content, referred to dry matter, exceeding 1*3 °/o but not          4-386
                        exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter,
                        not exceeding 1% weight
 11.02 E II e) 1        Flaked rice                                                                                   —
  11.02 F m              Barley pellets                                                                            3-570
  11.02 F IV             Oat pellets                                                                                  —
  11.02 F V              Maize pellets                                                                                —
  11.02 G I              Wheat germ, whole, rolled, flaked or ground                                               1-212
  11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                         0-997
  11.07 A I a)           Unroasted malt, obtained from wheat, in the form of flour                                 8-626
 ---pagebreak--- No L 85/26                                  Official Journal of the European Communities                                          31 . 3 . 73
          Number                                                                                                                  Refund in
      in nomenclature                                         Nomenclature in simplified wording                                 u.a ./100 kç
      used for refunds                                                                                                        (third countries)
11.07 A I b)                   Unroasted malt, obtained from wheat, other than in the form of flour                                 6-445
11.07 A II a)                  Unroasted malt, jother than that obtained from wheat, in the form of flour                           5-559
11.07 A II b)                  Unroasted malt, other than that obtained from wheat, other than in the form                          4-154
                               of flour
11.07 B                         Roasted malt                                                                                        4-841
11.08 A I                       Maize starch                                                                                        0-382
11.08 A III                     Wheat starch                                                                                          —
11.08 AIV                       Potato starch                                                                                       0-382
11.08 A V                       Starches other than maize, rice, wheat, or potato starch                                            0-382
11.09 A                         Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                       —
                               82 % by weight (N X 6-25)
17.02 B II a) ;                 Glucose other than glucose containing, in the dry state, 99 % or more by weight                     0-498
                               of the pure product, in the form of white crystalline powder, whether or not
                               agglomerated (4)
17.02 B II b )                  Glucose and glucose syrup not containing, in the dry state, 99 °/o or more by                       0-382
                               weight of the pure product, other than glucose in the form of white crystalline
                               powder, whether or not agglomerated (4)
17.05 B I                      Flavoured or coloured glucose, in the form of white crystalline powder, whether                      0-498
                               or not agglomerated
17.05 B II                      Flavoured or coloured glucose and glucose syrup, other than in the form of white                    0-382
                               crystalline powder, whether or not agglomerated
23.02 A I a)                    Brans, sharps and other residues derived from the sifting, milling or working of                    0-957
                                maize or rice of a starch content not exceeding 35 °/o by weight
23.02 A I b ) 1                 Brans, sharps and other residues derived from the sifting, milling or working of                    0-957
                                maize or rice, of a starch content exceeding 35% but not , exceeding 45% by
                                weight, and having undergone a denaturing process
23.02 A I b) 2                  Brans, sharps and other residues derived from the sifting, milling or working of                    0-957
                                maize or rice, of a starch content exceeding 35% by weight, and not having
                                undergone 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                       0-957
                                of 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                    0-957
                                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                          0-474
                                steeping liquors), of a protein content, calculated on dry matter, not exceeding
                                63 % by weight (N X 6-25 )
 (') The export refund is paid in respect of maize, groats and meal :
     — of which a percentage not exceeding 30 °/o passes through a sieve with an aperture of 315 microns,
     — of which a percentage not exceeding 5 °/o of product passes through a sieve with an aperture of 150 microns.
 (*) '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).
 (') '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).
 (*) Pursuant to Regulation No 189/66/EEC the product falling within subheading No 17.02 B I enjoys the same export refund as the product fal­
     ling within subheading No 17.02 B II.