CELEX: 31978R0639
Language: en
Date: 1978-04-01 00:00:00
Title: Commission Regulation (EEC) No 639/78 of 31 March 1978 fixing the export refunds on products processed from cereals and rice

1 . 4. 78                                Official Journal of the European Communities                           No L 86/9
                                     COMMISSION REGULATION (EEC) No 639/78
                                                        of 31 March 1978
                     fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                      2560/77, 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
2727/75 of 29 October 1975 on the common organiza­                  Regulation (EEC) No 2744/75, particular account
tion of the market in cereals ( 1), as last amended by              should be taken of the prices and quantities of basic
Regulation (EEC) No 2560/77 (2), and in particular the              products used to calculate the variable component of
fourth subparagraph of Article 16 (2) thereof,                      the levy ; whereas Article 8 of Regulation (EEC) No
                                                                    2744/75 and Article 1 of Regulation (EEC) No
Having regard to Council Regulation (EEC) No                        1077/68 (8), as amended by Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                     2764/71 (9), provide that the amount of the export
tion of the market in rice (3), as last amended by Regu­            refund should, for certain products, be reduced by an
lation (EEC) No 594/78 (4), and in particular the                   amount equal to the production refund granted in
fourth subparagraph of Article 17 (2) thereof,                      respect of the basic product ;
Having regard to the opinion of the Monetary
Committee,                                                          Whereas it follows from applying these rules and
Whereas Article 16 of Regulation (EEC) No 2727/75                   criteria to the present situation on the market in
and Article 17 of Regulation (EEC) No 1418/76                       products processed from cereals and rice that the
provide that the difference between quotations or                   export refund should be fixed at an amount which
prices on the world market for the products listed in               will cover the difference between Community prices
Article 1 of those Regulations and prices for those                 and world market prices ;
products within the Community may be covered by
an export refund ;                                                  Whereas when the refund is being calculated account
Whereas Article 2 of Council Regulation (EEC) No                    should be taken of the quantities of raw materials
 2746/75 of 29 October 1975 (5), and Article 2 of                   used to determine the variable component of the
Council Regulation (EEC) No 1431 /76 of 21 June                     levy ; whereas the quantities of raw materials used for
 1976 (6) laying down general rules for granting export             certain processed products may vary according to the
 refunds on cereals and rice respectively and criteria for          end use of the product ; whereas, depending on the
fixing the amount of such refunds, provide that when                manufacturing process used, products other than the
 refunds are being fixed account must be taken of the               main product are obtained, the quantity and value of
existing situation and the future trend with regard to              which may vary with the nature and quality of the
 prices and availabilities of cereals, rice and broken rice         main products being manufactured ; whereas cumula­
 on the Community market on the one hand and                        tion of the refunds on the various products manufac­
 prices for cereals, rice and broken rice on the world              tured by a single process from the same basic product
 market on the other ; whereas the same Articles                    may make it possible, in certain cases, to export to
 provide that it is also important to ensure equilibrium            third countries at prices which are lower than world
 and the natural development of prices and trade on                 market prices ; whereas the refund on certain products
 the markets in cereals and rice and, furthermore, to               should therefore be limited to an amount which,
 take into account the economic aspect of the                       while allowing access to the world market, will ensure
 proposed exports, and the need to avoid disturbances               that the aims of the common organization of the
 on the Community market ;                                          markets are respected ;
 Whereas Article 6 of Council Regulation (EEC) No
 2744/75 of 29 October 1975 on the import and export                Whereas the refund to be granted in respect of certain
 system for products processed from cereals and from                 processed products should be graduated on the basis
 rice (7), as last amended by Regulation (EEC) No                   of the ash, crude fibre, tegument, protein, fat and
                                                                    starch content of the individual product concerned,
 (>) OJ   No L 281 , 1 . 11 . 1975, p. 1 .                          this content being a particularly good indicator of the
 (2) OJ   No L 303, 28 . 11 . 1977, p. 1 .                          quantity of basic product actually incorporated in the
 (3) OJ   No L 166, 25. 6. 1976, p. 1 .                              processed product ;
 (4) OJ   No L 82, 29. 3. 1978, p. 10.
 (5) OJ   No L 281 , 1 . 11 . 1975, p. 78 .
 (6) OJ   No L 166, 25. 6. 1976, p. 36.                             (8) OJ No L 181 , 27. 7. 1968, p. 1 .
 O   OJ   No L 281 , 1 . 11 . 1975, p. 65.                          H OJ No L 283, 24. 12. 1971 , p. 30 .
 ---pagebreak--- No L 86/ 10                          Official Journal of the European Communities                               1 . 4. 78
Whereas there is no need at present to fix an export                  of these currencies recorded for a given period in
refund for manioc, other tropical roots and tubers or                 relation to the Community currencies referred to
flours obtained therefrom, given the economic aspect                  in the previous subparagraph ;
of potential exports and in particular the nature and
origin of these products ; whereas, for certain products        Whereas the refund must be fixed once a month ;
processed from cereals, the insignificance of Commu­            whereas it may be altered in the intervening period ;
nity participation in world trade makes it unnecessary          Whereas the Management Committee for Cereals has
to fix an export refund at the present time ;                   not delivered an opinion within the time limit set by
Whereas the world market situation or the specific              its chairman ,
requirements of certain markets may make it neces­
sary to vary the refund for certain products according
                                                                HAS ADOPTED THIS REGULATION :
to destination ;
Whereas Regulation (EEC) No 2806/71 (*) lays down                                          Article 1
additional rules for granting export refunds for certain
products processed from cereals and rice ;                      The export refunds on the products listed in Article 1
Whereas, if the refund system is to operate normally,           (d) of Regulation (EEC) No 2727/75 and in Article 1
refunds should be calculated on the following basis :           ( 1 ) (c) of Regulation (EEC) No 1418 /76 and subject to
                                                                Regulation (EEC) No 2744/75 are hereby fixed as
— in the case of currencies which are maintained in             shown in the Annex to this Regulation .
     relation to each other at any given moment within
     a band of 2*25 % , a rate of exchange based on                                        Article 2
     their effective parity ;
— for other currencies, an exchange rate based on the           This Regulation shall enter into force on 1 April
     arithmetic mean of the. spot market rates of each           1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 31 March 1978 .
                                                                             For the Commission
                                                                              Finn GUNDELACH
                                                                                 Vice-President
 (') OJ No L 284, 28 . 12. 1971 , p. 9.
 ---pagebreak---   1 . 4. 78                                Official Journal of the European Communities                          No L 86/ 11
                                                                  ANNEX
                   to the Commission Regulation of 31 March 1978 fixing the export refunds on products
                                                      processed from cereals and rice
                                                                                                                    (u. a. /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 °/o by     113.26
                             weight and of a crude fibre content, referred to dry matter, not exceeding
                             0.9 % weight
  11.01 C (II)               Barley flour not included under No 11.01 C (I)                                             0
 11.01 D ( I )               Oat flour,    of an ash content, referred to dry matter, not exceeding 2.3 % by       128.87
                             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 % by         100.51
                             weight 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 1.3 % but not          86.15
                             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 )                              62.46
 11.01 F                     Rice flour                                                                              53-24
 11.02 A III (a )            Barley groats and meal, of an ash content, referred to dry matter, not exceeding      117.03
                             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)                              0
 11.02 A IV ( a )            Oat groats and meal, of an ash content, referred to dry matter, not exceeding         128.87
                             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
 11.02 A IV (b )             Oat groats and meal not included under No 11.02 A IV (a)                                  0
 11,02 A V ( a)              Maize groats and meal, of a fat content, referred to dry matter, not exceeding        143.59
                             0.9 % 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        100.51
                             1.3 % 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            86.15
                             1.3 % by weight but not exceeding 1.7 % by weight and of a crude fibre content,
                            referred to dry matter, not exceeding 1.0 % weight ^ 1)
 11.02 A VI                 Rice groats and meal                                                                    53-24
 11.02 B I a ) 1 (aa )      Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not     113.26
                            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 11.02 B I a) 1 (aa) (2)           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       114-55
                            exceeding 2.3 % 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 (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)     0
 ---pagebreak--- No L 86/ 12                         Official Journal of the European Communities                           1 . 4 . 78
                                                                                                          (u.a . /tonne)
        Number
    in nomenclature                                  Nomenclature in simplified wording                   Refund
    used for refunds
11.02 Bib) 1 ( aa)    Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 113.26
                      exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                      not exceeding 0.9 % by weight ('Grütze' or 'Grutten') (2)
11.02 Bib ) 1 (bb )   Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 ( aa)         0
                      ('Grütze' or 'Grutten') ( 2)
11.02 Bib) 2 ( aa)    Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not   121-72
                      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 Bib) 2 (bb)     Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa )            0
                       (' Grütze' or 'Grutten') (2 )
11.02 B II a) ( 1 )   Hulled (shelled or husked) wheat, not sliced or kibbled (2)                            0
11.02 C III ( a )     Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by     151.00
                      weight (without talc) — 1st category (3)
11.02 C III (b)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by     120.80
                      weight (without talc) — 2nd category (s)
11.02 CIV             Pearled oats (s)                                                                        0
11.02 D II            Rye not otherwise worked than kibbled                                                 —
11.02 E lb ) 1 ( aa)  Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by        113.26
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0.9 % by weight
11.02 E lb ) 1 ( bb)  Flaked barley not included under 11.02 E I b) 1 ( aa)                                 —
11.02 E lb ) 2 ( aa)  Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by      143.19
                      weight, of a tegument content not exceeding 0.1 % , of a moisture content not
                      exceeding 12 % and of which the peroxydase is virtually inactivated
11.02 E lb ) 2 (bb)   Flaked oats, of an ash content, referred to dry matter, not exceeding 2.3 % by      114.55
                      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 lb ) 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 lie) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0.9 % by      11487
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0.7 % by weight
ex 11.02 E lie) (2)   Flaked maize, of a fat content, referred to dry matter, not exceeding 1.3 % by       93.33
                      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 % but not       —
                      exceeding 1.7 % by weight and of a crude fibre content, referred to dry matter,
                      not exceeding 1 % weight
11.02 E II d) 1       Flaked rice                                                                          53-24
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                                          20.38
11.02 G II            Germ of cereals other than wheat, whole, rolled, flaked or ground                    17.95
 ---pagebreak---  1 . 4. 78                                 Official Journal of the European Communities                                          No L 86/ 13
                                                                                                                                    (u.a. /tonne,
           Number
      in nomenclature                                        Nomenclature in simplified wording                                     Refund
      used for refunds
11.07 A I a)                  Unroasted malt, obtained from wheat, in the form of flour                                             108.C1
11.07 A II a)                 Unroasted malt, other than that obtained from wheat, in the form of flour                             100.04
11.08 A I                     Maize starch                                                                                          101.06
11.08 AH                      Rice starch                                                                                            53.08
11.08 A III                   Wheat starch                                                                                          145-82
11.08 A IV                    Potato starch                                                                                         101.06
11.08 A V                     Starches other than maize, rice, wheat, or potato starch                                              101-06
11.09 A                       Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                       132-56
                              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                       131-82
                              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 % or more by                           101.06
                              weight of the pure product, other than glucose in the form of white crystalline
                              powder, whether or not agglomerated (4)
21.07 F II                    Flavoured or coloured glucose and glucose syrup, other than in the form of                            101.06
                              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                       18-31
                              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                       18.31
                              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 of                       18.31
                              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                       18.31
                              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                            125-54
                              steeping liquors), of a protein content, calculated on dry matter, not exceeding
                              63 % by weight (N X 6.25)
(l) 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 % 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).
(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 .