CELEX: 31976R2646
Language: en
Date: 1976-10-30 00:00:00
Title: Commission Regulation (EEC) No 2646/76 of 29 October 1976 fixing the export refunds on products processed from cereals and rice

No L 300/24                                Official Journal of the European Communities                             30 . 10. 76
                                      COMMISSION REGULATION (EEC) No 2646/76
                                                         of 29 October 1976
                       fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                       832/76 (7), defines the specific criteria to be taken into
COMMUNITIES,                                                         account when the refund on these products is being
                                                                     calculated ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                     Whereas, on the basis of the criteria laid down in
Having regard to Council Regulation (EEC) No                         Regulation (EEC) No 2744/75, particular account
2727/75 of 29 October 1975 on the common organiza­                   should be taken of the prices and quantities of basic
tion of the market in cereals ('), as last amended by                products used to calculate the variable component of
Regulation (EEC) No 11 43/76 (2), and in particular the              the levy ; whereas, therefore, as is laid down for the
fourth subparagraph of Article 1 6 (2) thereof ;                     determination of the variable component, account
                                                                     should be taken of the average of the levies on the
Having regard to Council Regulation (EEC) No                         basic products concerned during a representative
 1418/76 of 21 June 1976 on the common organiza­                      period, namely the first 25 days of the month
tion of the market in rice (3), and in particular the                preceding the month of exportation ; whereas this
fourth subparagraph of Article 17 (2) thereof,                       average should be adjusted for the threshold price for
                                                                     these basic products which will be in force during the
Having regard to the opinion of the Monetary                          month of exportation ; whereas Article 8 of Regula­
Committee,
                                                                     tion (EEC) No 2744/75 arjd Article 1 of Regulation
Whereas Article 16 of Regulation (EEC) No 2727/75                    (EEC) No 1077/68 (8), as amended by Regulation
and Article 17 of Regulation (EEC) No 1418 /76                       (EEC) No 2764/71 (9), provide that the amount of the
provide that the difference between quotations or                    export refund should, for certain products, be reduced
prices on the world market for the products listed in                by an amount equal to the production refund granted
Article 1 of those Regulations and prices for those                   in respect of the basic product ;
products within the Community may be covered by
an export refund ;                                                   Whereas it follows from applying these rules and
                                                                      criteria to the present situation on the market in
Whereas Article 2 of Council Regulation (EEC) No
                                                                      products processed from cereals and rice that the
2746/75 of 29 October 1975 (4), and Article 2 of
                                                                     export refund should be fixed at an amount which
Council Regulation (EEC) No 1431 /76 of 21 June                      will cover the difference between Community prices
 1 976 (5) laying down general rules for granting export
                                                                      and world market prices ;
refunds on cereals and rice respectively and criteria for
fixing the amount of such refunds, provide that when
refunds are being fixed account must be taken of the                  Whereas when the refund is being calculated account
existing situation and the future trend with regard to                should be taken of the quantities of raw materials
prices and availabilities of cereals, rice and broken rice            used to determine the variable component of the
on the Community market on the one hand and                           levy ; whereas the quantities of raw materials used for
prices for cereals, rice and broken rice on the world                certain processed products may vary according to the
market on the other ; whereas the same Articles                       end use of the product ; whereas, depending on the
provide that it is also important to ensure equilibrium               manufacturing process used, products other than the
and the natural development of prices and trade on                    main product are obtained, the quantity and value of
the markets in cereals and rice and, furthermore, to                 which may vary with the nature and quality of the
take into account the economic aspect of the                          main products being manufactured ; whereas cumula­
proposed exports, and the need to avoid disturbances                  tion of the refunds on the various products manufac­
on the Community market ;                                             tured by a single process from the same basic product
                                                                      may make it possible, in certain cases, to export to
Whereas Article 6 of Council Regulation ( EEC) No                     third countries at prices which are lower than world
2744/75 of 29 October 1975 on the import and export                   market prices ; whereas the refund on certain products
system for products processed from cereals and from                   should therefore be limited to an amount which ,
rice (6), as amended by Regulation ( EEC) No                         while allowing access to the world market, will ensure
                                                                      that the aims of the common organization of the
(')  OJ  No  L 281 ,  1 . 11 . 1975, p. 1.                            markets are respected ;
(2 ) OJ  No  L  130 . 19 . 5 . 1976, p. 1.
(3 ) OJ  No  L  166,  25 . 6 . 1976, p. 1.
(4)  OJ  No  L 281 ,  1 . 11 . 1975, p. 78 .                         ( 7) OJ No L 100 , 14 . 4. 1976, p . 1 .
(5 ) OJ  No  L  166,  25 . 6 . 1976, p. 36.                          (8 OJ No L 181 , 27 . 7. 1968 , p . 1 .
(6)  OJ  No  L 281 ,  1 . 11 . 1975, p. 65 .                         (9) OJ No L 283 , 24. 12. 1971 , p . 30.
 ---pagebreak---  30. 10. 76                            Official Journal of the European Communities                           No L 300/25
 Whereas the refund to be granted in respect of certain                 within a band of 2-25 % , a rate of exchange based
 processed products should be graduated on the basis                    on their effective parity ;
 of the ash, crude fibre, tegument, protein, fat and             — for other currencies an exchange rate based on the
 starch content of the individual product concerned,                    arithmetic mean of the spot market rates of each
 this content being a particularly good indicator of the                of 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 subparagraph ;
 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            Whereas the measures provided for in this Regulation
 origin of these products ; whereas, for certain products        are in accordance with the opinion of the Manage­
 processed from cereals, the insignificance of Commu­            ment Committee for Cereals,
 nity participation in world trade makes it unnecessary
 to fix an export refund at the present time ;                   HAS ADOPTED THIS REGULATION :
 Whereas the world market situation or the specific
 requirements of certain markets may make it neces­                                        Article I
 sary to vary the refund for certain products according
 to destination ;                                                The export refunds on the products listed in Article 1
                                                                 (d) of Regulation (EEC) No 2727/75 and in Article 1
Whereas Regulation (EEC) No 2806/71 (') lays down                ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
 additional rules for granting export refunds for certain        Regulation (EEC) No 2744/75 are hereby fixed as
 products processed from cereals and rice ;                      shown in the Annex to this Regulation.
Whereas, if the refund system is to operate normally,
                                                                                           Article 2
 refunds should be calculated on the following basis :
— in the case of currencies which are maintained in              This Regulation shall enter into force on 1 November
     relation to each other, at any given moment,                1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 October 1976 .
                                                                              For the Commission
                                                                                P.J. LARDINOIS
                                                                         Member of the Commission
(') OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- No L 300/26                                Official Journal of the European Communities                             30. 10. 76
                                                               ANNEX
          Number                                                                                                     Refund is
      in nomenclature                                   Nomenclature in simplified wording                        u. a./metric ton
      used for refunds                                                                                           (third countriei)
1 1.01 C (I)                 Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 e/o by          44-19
                             weight and of a crude fibre content, referred to dry matter, not exceeding
                             0-9 °/o weight
li.oi c (ii)               ! Barley flour not included under No 11.01 C (I)                                               0
11.01 D (I )                 Oat flóur, of an ash content, referred to dry matter, not exceeding 2·3 */o by             49-53
                           i 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)                                                   0
11.01 E ( I )                Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 */o by            58-34
                             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 β/ο but not            50-00
                             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)                                     36-25
11.01 F                      Rice flour                                                                                  56-99
11.02 A III ( a )             Barley groats and meal, of an ash content, referred to dry matter, not exceeding           45-66
                              1 % by weight and of a crude fibre content, referred to dry matter, not
                             exceeding 0-9 °/o by weight
 11.02 A III (b )            Barley groats and meal not included under No 11.02 A III (a)                                  0
11.02 A IV ( a )              Oat groats and meal, of an ash content, referred to dry matter, not exceeding              49-53
                              2-3 °/o 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 11.02 A IV (a)                                     0
 1 1 .02 A V ( a)             Maize groats and meal, of a fat content, referred to dry matter, not exceeding             83-34
                              0-9 °/o by weight and a crude fibre content, referred to dry matter, not exceeding
                              0-6 % by weight (*)
 11.02 A V ( b )              Maize groats and meal, of a fat content, referred to dry matter, not exceeding             58-34
                              1-3 °/o by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0-8 °/o by weight (')
 11.02 A V (c)                Maize groats and meal, of a fat content, referred to dry matter, exceeding                 50-00
                              1-3 % by weight but not exceeding 1-7 °/o by weight and of a crude fibre content,
                              referred to dry matter, not exceeding 1-0 °/o weight (x)
 11.02 A VI                   Rice groats and meal                                                                       56-99
 11.02 B I a ) 1 ( aa )       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not          44-19
                              exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                              not exceeding 0-9 % by weight (*)
 11.02 B I a) 1 ( bb)         Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (■)              0
 11.02 B I a ) 2 ( aa)        Clipped oats                                                                                —
 11.02 B I a ) 2 bb ) ( 11 )  Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not            44-02
                              exceeding 2-3 °/o by weight, of a tegument content not exceeding 0*5 % of a
                              moisture content not exceeding 11% and of which the peroxydase is virtually
                              inactivated (*)
 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) (*)           0
 ---pagebreak--- 30. 10. 76                            Official Journal of the European Communities                         No L 300/2"
         Number                                                                                                Refund in
     in nomenclature                                Nomenclature in simplified wording                      u.a. /metric ton
     uied 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  ■     44-19
                       exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 0-9 % by weight ('Grütze' or 'Grutten') (*)
1 1.02 B I b) 1 (bb)   Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)               0
                       (' Grütze' or 'Grutten') (*)
11.02 B I b) 2 (aa)    Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not          46-77
                       exceeding 2·3 % 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') (2)
11.02 B I b) 2 (bb)    Hulled and sliced or kibbled oats not included under No 11.02 B I b ) 2 ( aa)                0
                       ('Grütze' or 'Grutten') (*)
11.02 B II a) ( 1 )    Hulled (shelled or husked) wheat, not sliced or kibbled (*)                                  0
11.02 C III (a)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 e/o by          58-91
                       weight (without talc) — 1st category (')
11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 e/o by          47-13
                       weight (without talc) — 2nd category (')
11.02 C IV             Pearled oats (')                                                                             0
11.02 D II             Rye not otherwise worked than kibbled                                                       —
11.02 E I b ) 1 (aa)   Flaked oats, of an ash content, referred to dry matter, not exceeding 1 e/o by             44-19
                       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)                                        —
11.02 E I b ) 2 (aa )  Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 */o by           55-03
                       weight, of a tegument content not exceeding 0-1 °/o, of a moisture content not
                       exceeding 12 °/o and of which the Peroxydase is virtually inactivated
11.012 E I b) 2 (bb)   Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 ®/o by           44-02
                       weight, of a tegument content exceeding 0-1 % but not exceeding 1-5 %, 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)              —
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9% by              66-67
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 %> by weight
ex 11.02 E II c) (2)   Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 ·/<> by          54-17
                       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 ®/o but not           —
                       exceeding 1-7 °/o by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 % weight
11.02 E II e) 1        Flaked rice                                                                                56-99
11.02 F III            Barley pellets                                                                              —
11.02 F IV             Oat pellets                                                                                 —
11.02 F V              Maize pellets                                                                               —
11.02 G I              Wheat germ, whole, rolled, flaked or ground                                                15-64
11.02 G II             Gernl of cereals other than wheat, whole, rolled, flaked or ground                         10:42
11.07 À I ft)          Unroasted malt, obtained from wheat, in the form of flour                                 82-91
 ---pagebreak---   No L 300/28                              Official Journal of the European Communities                                             30. 10. 76
            Number                                                                                                                    Refund in
       in nomenclature                                       Nomenclature in simplified wording                                   u. a. /metric ton
      used for refunds                                                                                                           (third countrie·)
  11.07 A I b)                 Unroasted malt, obtained from wheat, other than in the form of flour
  11.07 A Π a)                 Unroasted malt, other than that obtained from wheat, imhe form of flour                              .    39-03
  11.07 A II h)               Unroasted malt, other than that obtained from wheat, other than in the form                                33-89
                              of flour
  11.07 B                     Roasted malt                                                                                               39-50
  11.08 AI                    Maize starch                                                                                               52-00
 11.08 A II                   Rice starch                                                                                                64-66
  11.08 A III                 Wheat starch                                                                                            108-94
 11.08 AIV                    Potato starch                                                                                             52-00
  11.08 A V                   Starches other than maize, rice, wheat, or potato starch                                                  52-00
  11.09 A                     Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                         198-08
                              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                           67-83
                              of the pure product, in the form or white crystalline powder, whether or not
                              agglomerated {*)
 17.02 B II b)                Glucose and glucose syrup not containing, in the dry state, 99% or more by                                52-00
                              weight of the pure product, other than glucose in the form of white crystalline
                              powder, whether or not agglomerated (*)
 17.0J B I                    Flavoured or coloured glucose, in the form of white crystalline powder, whether                           67-83
                              or not agglomerated
 17.05 B II                   Flavoured or coloured glucose and glucose syrup, other than in the form of                               52-00
                              white 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
                              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                            0
                             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
                             of maize or rice, of a starch content not exceeding 28 % by weight and or
                             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
                             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                               64-60
                             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 % passes through a sieve with an aperture of 315 microns,
   — of which a percentage not exceeding 5 % of product passes through a sieve with an aperture of 150 micron*.
■) 'Hulled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 4. 19M,
   p. 4<).
•) 'Pearled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 921/69 (OJ No L 149, 29. 4. 1MI,
   p. 4tf).
') Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading 17.02 B I enjoys the same export refund as the oroduct falling
   within aubheading 17.02 B II.