CELEX: 31984R3696
Language: en
Date: 1984-12-29 00:00:00
Title: Commission Regulation (EEC) No 3696/84 of 27 December 1984 fixing the export refunds on products processed from cereals and rice

29. 12. 84                               Official Journal of the European Communities                           No L 341 /21
                                     COMMISSION REGULATION (EEC) No 3696/84
                                                     of 27 December 1984
                     fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                     Whereas Article 6 of Council Regulation (EEC) No
COMMUNITIES,                                                       2744/75 of 29 October 1975 on the import and export
                                                                   system for products processed from cereals and from
Having regard to the Treaty establishing the European              rice (7), as last amended by Regulation (EEC) No
Economic Community,                                                1027/84 (*), defines the specific criteria to be taken
                                                                   into account when the refund on these products is
                                                                   being calculated ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organ­
ization of the market in cereals ('), as last amended by
Regulation (EEC) No 1018/84 (2), and in particular the             whereas, on the basis of the criteria laid down in
fourth subparagraph of Article 16 (2) thereof,                     Regulation (EEC) No 2744/75, particular account
                                                                   should be taken of the prices and quantities of basic
                                                                   products used to calculate the variable component of
Having regard to Council Regulation (EEC) No                       the levy ; whereas Article 8 of Regulation (EEC) No
1418/76 of 21 June 1976 on the common organization
                                                                   2744/75 and Article 1 of Regulation (EEC) No
of the market in rice (3), as last amended by Regulation
                                                                   1077/68 ('), as amended by Regulation (EEC) No
(EEC) No 1025/84 (4), and in particular the fourth                 2764/71 (10), provide that the amount of the export
subparagraph of Article 17 (2) thereof,                            refund should, for certain products, be reduced by an
                                                                   amount equal to the production refund granted in
Having regard to the opinion of the Monetary                       respect of the basic products ;
Committee,
Whereas Article 16 of Regulation (EEC) No 2727/75                  Whereas it follows from applying these detailed rules
and Article 17 of Regulation (EEC) No 1418/76                      to the present situation on the market in products
provide that the difference between quotations or                  processed from cereals and rice that the export refund
prices on the world market for the products listed in              should be fixed at an amount which will cover the
Article 1 of those Regulations and prices for those                difference between Community prices and world
products within the Community may be covered by an                 market prices ;
export refund ;
Whereas Article 2 of Council Regulation (EEC) No
2746/75 of 29 October 1975 0, and Article 2 of                     Whereas when the refund is being calculated account
                                                                   should be taken of the quantities of raw materials used
Council Regulation (EEC) No 1431 /76 of 21 June                    to determine the variable component of the levy ;
 1976 (6) laying down general rules for granting export
refunds on cereals and rice respectively and criteria for          whereas the quantities of raw materials used for certain
                                                                   processed products may vary according to the end use
fixing the amount of such refunds, provide that when               of the product ; whereas, depending on the manufac­
refunds are being fixed account must be taken of the               turing process used, products other than the main
existing situation and the future trend with regard to             product are obtained, the quantity and value of which
prices and availabilities of cereals, rice and broken rice         may vary with the nature and quality of the main
on the Community market on the one hand and
                                                                   products being manufactured ; whereas cumulation of
prices for cereals, rice, broken rice and cereal products          the refunds on the various products manufactured by a
on the world market on the other ; whereas the same
Articles provide that it is also important to ensure               single process from the same basic product may make
                                                                   it possible, in certain cases, to export to third countries
equilibrium and the natural development of prices and              at prices which are lower than world market prices ;
trade on the markets in cereals and rice and, further­
more, to take into account the economic aspect of the              whereas the refund on certain products should there­
                                                                   fore be limited to an amount which, while allowing
proposed exports, and the need to avoid disturbances               access to the world market, will ensure that the aims of
on the Community market ;
                                                                   the common organization of the markets are
                                                                   respected ;
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
I1) OJ No L 107, 19. 4. 1984, p. 1 .
(3) OJ  No  L  166,   25. 6.   1976, p. 1.                         0 OJ No L 281 , 1 . 11 . 1975, p. 65.
(«) OJ  No  L  107,   19. 4.   1984, p. 13.                        0 OJ No L 107, 19. 4. 1984, p. 15.
0   OJ  No  L  281 ,  1 . 11 . 1975, p. 78.                        0 OJ No L 181 , 27. 7. 1968, p. 1 .
(«) OJ  No  L  166,   25. 6.   1976, p. 36.                        H OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak---  No L 341 /22                       Official Journal of the European Communities                            29 . 12. 84
 Whereas the refund to be granted in respect of certain             No 974/71 (2), as last amended by Regulation (EEC)
 processed products should be graduated on the basis of             No 855/84 (%
 the ash, crude fibre, tegument, protein, fat and starch       — for other currencies, an exchange rate based on the
 content of the individual product concerned, this                  arithmetic mean of the spot market rates of each of
 content being a particularly good indicator of the                 these currencies recorded for a given period in
 quantity of basic product actually incorporated in the             relation to the Community currencies referred to
 processed product ;                                                in the previous indent, and the aforesaid coeffi­
 Whereas there is no need at present to fix an export               cient ;
 refund for manioc, other tropical roots and tubers or        Whereas the refund must be fixed once a month ;
 flours obtained therefrom, given the economic aspect
 of potential exports and in particular the nature and        whereas it may be altered in the intervening period ;
 origin of these products ; whereas, for certain products     Whereas the Management Committee for Cereals has
 processed from cereals, the insignificance of Commu­         not delivered an opinion within the time limit set by
 nity participation in world trade makes it unnecessary       its chairman,
 to fix an export refund at the present time ;
 Whereas the world market situation or the specific
 requirements of certain markets may make it necessary        HAS ADOPTED THIS REGULATION :
 to vary the refund for certain products according to
 destination ;
                                                                                        Article 1
 Whereas Regulation (EEC) No 2806/71 (') lays down
 additional rules for granting export refunds for certain     The export refunds on the products listed in Article 1
 products processed from cereals and rice ;                   (d) of Regulation (EEC) No 2727/75 and in Article 1
                                                              (1 ) (c) of Regulation (EEC) No 1418/76 and subject to
 Whereas, if the refund system is to operate normally,        Regulation (EEC) No 2744/75 are hereby fixed as
 refunds should be calculated on the following basis :        shown in the Annex to this Regulation.
 — in the case of currencies which are maintained in
     relation to each other at any given moment within                                  Article 2
     a band of 2,25 % , a rate of exchange based on
     their central rate, multiplied by the coefficient        This Regulation shall enter into force on 1 January
     provided for in Article 2b (2) of Regulation (EEC)        1985.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 27 December 1984.
                                                                          For the Commission
                                                                            Poul DALSAGER
                                                                     Member of the Commission
                                                              0 OJ No L 106, 12. 5. 1971 , p. 1 .
(•) OJ No L 284, 28. 12. 1971 , p. 9.                         (j OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- 29. 12. 84                           Official Journal of the European Communities                                No L 341 /23
                                                             ANNEX
                to die Commission Regulation of 27 December 1984 fixing die 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            61,08
                           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,       84,31
                           of a crude fibre content, referred to dry matter, not exceeding 1,8 % by weight, of a
                           moisture content not exceeding 11 */o 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        91,31
                           and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight
   11.01 E (II)            Maize flour, of a fat content, referred to dry matter, exceeding 13 % but not               —
                           exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not
                           exceeding 1 % by weight
   11.01 E (III)           Maize flour not included under No 11.01 E (I) and (II)                                      —
   11.01 F                 Rice flour                                                                                  —
   11.02 A III (a)         Barley groats and meal, of an ash content, referred to dry matter, not exceeding           63,12
                           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 11.02 A III (a)                                —
                                                                                                                              \
   11.02 A IV (a)          Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2,3 %        84,31
                           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 1 1 .02 A IV (a)                                  —
   1 1 .02 A V (a)         Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0,9 %     117,40
                           by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                           weight (') 0
   11.02 A V (b)           Maize groats and meal, of a fat content, referred to dry matter, not exceeding 13 %        91,31
                           by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
                           by weight OO
   1 1 .02 A V (c)         Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by        78,26
                           weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to
                           dry matter, not exceeding 1 % by weight (') f)
   11.02 A VI              Rice groats and meal                                                                        —
   1 1.02 B I a) 1 (aa)    Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not          61,08
                           exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                           exceeding 0,9 % by weight (2)
   11.02 B I a) 1 (bb)     Hulled (shelled or husked) barley not included under No 11.02BIa)l (aa)(z)                  —
   1 1.02 B I a) 2 (aa)    Clipped oats                                                                                —
 ---pagebreak--- No L 341 /24                          Official Journal of the European Communities                                29. 12. 84
                                                                                                                   (ECU/tonne)
          Number
     in nomenclature                                     Nomenclature in simplified wording                         Refund
     used for refunds
   11.02 B I a) 2 bb) (11 )  Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not         74,94
                             exceeding 2,3 % by weight, of tegument content not exceeding 0,5 % of a
                             moisture content not exceeding 11 % and of which the peroxydase is virtually
                             inactivated (*)
   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     61,08
                             exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                             exceeding 0,9 % by weight (Grütze' or 'Grutten') (*)
   11.02 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)
   11.02 Bib) 2(aa)          Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not       79,63
                             exceeding 2,3 % 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 ("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(£a)               —
                             ('Grütze' or 'Grutten') (2)
   11.02 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        97,83
                             exceeding 0,9 % by weight and of a crude fibre content, referred to dry matter, not
                             exceeding 0,6 % by weight ('gruetze' or 'grutten') (*)
   11.02 C III (a)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by         81,44
                             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         65,15
                             weight (without talc) — 2nd category (J)
   11.02 CIV                 Pearled oats (3)                                                                         —
   11.02DI                   Wheat not otherwise worked than kibbled                                                 16,00
   1 1.02 D II               Rye not otherwise worked than kibbled                                                   10,00
   1 1.02 E I b) 1 (aa)      Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by          61,08
                             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 1 1 .02 E I b) 1 (aa)                                   —
   11.02 E I b) 2(aa)        Flaked oats, of an ash content, referred to dry matter, not exceeding 23 % by           93,68
                             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          74,94
                             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
   11.02 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)         —
ex 11.02 E II c) (1)         Flaked maize, of a fat content, referred to dry matter, not exceeding 0,9 % by         104,35
                             weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                             weight
 ---pagebreak--- 29 . 12. 84                       Official Journal of the European Communities                              No L 341 /25
                                                                                                               (ECU/tonne)
            Number
       in nomenclature                             Nomenclature in simplified wording                           Refund
       used for refunds
ex 11.02 E II c) (2)     Flaked maize, of a fat content, referred to dry matter, not exceeding 1,3 % by          84,79
                        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
     1 1 .02 E II d) 1   Flaked rice                                                                              —
     11.02 F ill         Barley pellets                                                                           —
    1 1.02 F IV         Oat pellets                                                                               —
     1 1.02 F V         Maize pellets                                                                             —
    1 1.02 G I          Wheat germ, whole, rolled, flaked or ground                                               3,32
    1 1.02 G II         Germ of cereals other than wheat, whole, rolled, flaked or ground                        16,31
    11.07 A I a)        Unroasted malt, obtained from wheat, in the form of flour                                23,64
    11.07 A II a)       Unroasted malt, other than that obtained from wheat, in the form of flour                72,48
    11.08 A I           Maize starch Is)                                                                         73,75
    11.08 A II          Rice starch (*)                                                                          40,52
    11.08 A III         Wheat starch (*)                                                                          0,00
    11.08 A IV          Potato starch (6)                                                                        73,75
    11.08 A V           Starches other than maize, rice, wheat, or potato starch (*)                              —
    11.09 A             Dried wheat gluten, of a protein content, referred to dry matter, of 82 % or more         0,00
                        by weight (N x 6,25)
    17.02 B II a)       Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %        96,20
                        or more by weight of the pure product, in the form of white crystalline powder,
                        whether or not agglomerated (*)
    17.02 B lib)        Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­         73,75
                        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        100,78
                        dry matter, in the form of powder, whether or not agglomerated
    17.02 F lib)        Caramel, other than caramel containing 50 % or more by weight of sucrose in the          70,09
                        dry matter, other than in the form of powder
    21 .07 F II         Flavoured or coloured glucose syrup, and malto-dextrine syrup                           73,75
    23.02 A I a)        Brans sharps and other residues derived from the sifting, milling or working of           9,54
                        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          9,54
                        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          9,54
                        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          9,54
                        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               36,65
                        steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                        by weight (N x 6,25)
 ---pagebreak--- No L 341 /26                            Official Journal of the European Communities                                  29 . 12. 84
(') 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.
(*) '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.
0 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 1 (Method A) to Commission Directive
        84/4/EEC (OJ No L 15, 18 . 1 . 1984, p. 28).