CELEX: 31973R1736
Language: en
Date: 1973-06-30 00:00:00
Title: Regulation (EEC) No 1736/73 of the Commission of 29 June 1973 fixing the export refunds on products processed from cereals and rice

30 . 6 . 73                             Official Journal of the European Communities                            No L 176/23
                                REGULATION (EEC) No 1736/73 OF THE COMMISSION
                                                         of 29 June 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 (3) on the Acces­                881 /73 (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 an 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
Whereas Article 16 of Regulation No 120/67/EEC                      icle 8 of Regulation (EEC) No 1052/68 and Article
and Article 17 of Regulation No 359/67/EEC pro­                      1 of Regulation (EEC) No 1077/68 (10), amended by
vide that the difference between quotations or prices               Regulation (EEC) No 2764/71 (u ), provide that
on the world market for the products listed in Ar­                  the amount of the export refund should, for certain
ticle 1 of those Regulations and prices for those                   products, be reduced by an amount equal to the pro­
products within the Community may be covered                        duction refund granted in respect of the basic pro­
by an export refund ;                                               duct ;
Whereas Article 2 of Council Regulation No 139/67/                  Whereas it follows from applying these rules and cri­
EEC (5) of 21 June 1967 and Article 2 of Council                    teria to the present situation on the market in pro­
Regulation No 366/67/EEC (6) of 25 July 1967 lay­                   ducts processed from cereals and rice that the export
ing down general rules for granting export refunds                  refund should be fixed at an amount which will
on cereals and rice respectively and criteria for fix­              cover the difference between Community prices and
ing the amount of such refunds, as amended by Reg­                  world market prices ;
ulation No 1019/67/EEC (7 ), provide that when re­
funds are being fixed account must be taken of the                  Whereas when the refund is being calculated ac­
existing situation and the future trend with regard                 count should be taken of the quantities of raw mate­
to prices and availabilities of cereals, rice and                   rials used to determine the variable component of
broken rice on the Community market on the one                      the levy ; whereas the quantities of raw materials
hand and prices for cereals, rice and broken rice on               used for certain processed products may vary accord-,
the world market on the other ; whereas the same                    ing to the end use of the product ; whereas, depend­
Articles provide that it is also important to ensure                ing on the manufacturing process used, products
equilibrium and the natural development of prices                   other than the main product are obtained, the quan­
and trade on the markets in cereals and rice and , fur­            tity and value of which may vary with the nature
                                                                    and quality of the main products being manufac­
                                                                   tured ; whereas cumulation of the refunds on the
                                                                    various products manufactured by a single process
 (») OJ   No 117, 19. 6. 1967, p. 2269/67.                          from the same basic product may make it possible,
 (l) OJ   No L 73 , 27. 3 . 1972, p. 14.
 (8) 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 .
 (5) OJ   No 125, 26. 6. 1967, p. 2453/67.                          H     OJ No  L 86 , 31 . 3 . 1973 , p . 30.
 («) OJ   No 174, 31 . 7. 1967, p. 34.                              ( ,0) OJ No  L 181 , 27. 7. 1968 , p . 1 .
 (') OJ   No 311, 21 . 12. 1967, p. 13 .                            (")   OJ No L 283 , 24 . 12 . 1971 , p . 30.
 ---pagebreak---  No L 176/24                          Official Journal of the European Communities                           30. 6. 73
in certain cases, to export to third countries at. prices       Whereas, if the refund system is to operate normally,
which are lower than world market prices ; whereas              refunds should be calculated on the following basis :
the refund on certain products should therefore be              — in the case of currencies which are maintained in
limited to an amount which, while allowing access                    relation to each other, at any given moment,
to the world market, will ensure that the aims of the
                                                                     within a band of 2*25 %>, a rate of exchange
common organization of the markets are respected ;                   based on their effective parity ;
Whereas the refund to be granted in respect of cer­             — for other currencies an exchange rate based on
tain processed products should be graduated on the                   the arithmetic mean of the spot market rates
basis of the ash, crude fibre, tegument, protein, fat                of each of these currencies recorded for a given
and starch content of the individual product con­                    period, in relation to the Community currencies
cerned, this content being a particularly good indica­               referred to in the previous subparagraph ;
tor of the quantity of basic product actually incor­            Whereas the Opinion of the Monetary Committee
porated in the processed product ;                              was requested ;
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              whereas it may be altered in the intervening period ;
or flours obtained therefrom, given the economic                Whereas the measures provided for in this Regula­
aspect of potential exports and in particular the               tion are in accordance with the Opinion of the Man­
nature and origin of these products ; whereas, for cer­         agement Committee for Cereals ;
tain products processed from cereals, the insignifi­
                                                                HAS ADOPTED THIS REGULATION :
cance of Community participation in world trade
mak£s it unnecessary to fix an export refund at the                                      Article 1
present time ;
                                                                The export refunds on the products listed in Article
Whereas the world market situation or the specific              1 (d) of Regulation No 120/67/EEC and in Article
requirements of certain markets may make it neces­              1 ( 1 ) (c) of Regulation No 359/67/EEC and subject
sary to vary the refund for certain products accord­            to Regulation (EEC) No 1052/68 are hereby fixed as
ing to destination ;                                            shown in the Annex to this Regulation.
Whereas; Regulation (EEC) No 2806/71 (*) lays                                            Article 2
down additional rules for granting export refunds
for certain products processed from cereals and                 This Regulation shall enter into force on 1 July
rice :                                                          1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 29 June 1973 .
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
 (*) OJ No L 284, 28 . 12. 1971 , p. 9.
 ---pagebreak--- 30 . 6. 73                              Official Journal of the European Communities                            No L 176/25
                                                               ANNEX
          Number                                                                                                    Refund in
      in nomenclature                                  Nomenclature in simplified wording                          u.a ./100 kg
      used for refunds                                                                                          (third countries)
11.01 C (I)                Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by            2-148
                           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 )                                            1-461
11.01 D (I)                Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 % by              2-340
                           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 )                                               1-326
11.01 E (I)                Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 °/o by            0-840
                           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            0-720
                           exceeding 1-7 °/o 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)                                   0-522
11.01 F                    Rice flour                                                                                   —
11.01 H                    Millet flour                                                                               1-938
11.02 AIII (a )            Barley groats and meal, of an ash content, referred to dry matter, not exceeding          2-220
                           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)                               1-461
11.02 A IV (a )            Oat groats and meal, of an ash content, referred to dry matter, not exceeding             2-340
                           2-3 °/o by weight, of a tegument content not exceeding 0-1 %>, of a moisture con­
                           tent 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)                                  1-326
11.02 A V (a)              Maize groats and meal, of a fat content, referred to dry matter, not exceeding            1080
                           0-9 °/o by weight and a crude fibre content, referred to dry matter, not exceeding -
                           0-6 °/o by weight ( 1 )
11.02 A V ( b )            Maize groats and meal, of a fat content, referred to dry matter, not exceeding            0-840
                           1*3 u/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                0-720
                           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 °/o weight ( l )
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        2-148
                           exceeding 1 % 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) (2)           1-461
11.02 B I a ) 2 (aa)       Clipped oats                                                                                 —
                           Hulled (shelled or husked ) oats, of an ash content, referred to dry matter, not          2-080
11.02 B I a) 2 bb ) ( 11 )
                           exceeding 2-3 °/o by weight, of a tegument content not exceeding 0-5 %, of a
                           moisture content not exceeding ll°/o and of which the Peroxydase is virtually
                           inactivated (2)
1 1 .02 B I a) 2 bb) (22)  Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (l)      1-326
 ---pagebreak---    No L 176/26                         Official Journal of the European Communities                              30 . 6. 73
          Number                                                                                                 Refund in
      in nomenclature                                  Nomenclature in simplified wording                       u.a./lOO kg
      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       2-148
                         exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                        not exceeding 0-9 °/o by weight ('Griitze' 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)            1-461
                        ('Griitze' 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         2-210
                        exceeding 2-3 °/o weight, of a tegument content not exceeding 0-1 °/o, of a moisture
                        content not exceeding 11 % and of which the peroxydase is virtually inactivated
                        (' Griitze' 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 )              1-326
                        (' Griitze' or 'Grutten') (2)
 11.02 B II a) ( 1 )    Hulled (shelled or husked) wheat, not sliced or kibbled (2)                               2-754
 11.02 C III (a )       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 %> by          2-864
                        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         2-291
                        weight (without talc) — 2nd category (3)
 11.02 C IV             Pearled oats (s)                                                                          1-326
 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 % by              2-148
                        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)                                      1-461
 11.02 E I b) 2 (aa)   Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by             2-600
                       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            2-080
                       weight, of a tegument content exceeding 0-1 °/o 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 11.02 E I b ) 2 ( aa) and 11.02 E I b) 2 (bb )         1-326
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by            0-960
                       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 °/o by          0-780
                       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           0-660
                       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 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                                             0-675
11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                        0-150
11.07 A I a)           Unroasted malt, obtained from wheat, in the form of flour                                4-806
 ---pagebreak---  30. 6. 73                                 Official Journal of the European Communities                                       No L 176/27
            Number                                                                                                                Refund in
       in nomenclature                                       Nomenclature in simplified wording                                  u.ü./lOO k«
       used for refunds                                                                                                       (third countries)
 11.07 A I b)                  Unroasted malt, obtained from wheat, other than in the form of flour                                3-591
 11.07 A II a)                Unroasted malt, other than that obtained from wheat, in the form of flour                            2-549
 11.07 A II b)                Unroasted malt, other than that obtained from wheat, other than in the form                           1-905
                              of flour
 11.07 B                       Roasted malt                                                                                        2-220
 11.08 A I                     Maize starch                                                                                          —
 11.08 A III                   Wheat starch                                                                                          —
 11.08 AIV                     Potato starch                                                                                         —
 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, not exceeding                       —
                              82 °/o by weight (N X 6-25)
 17.02 B II a)                 Glucose other than glucose containing, in the dry state, 99 °/o or more by weight                     —
                              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                          —
                              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                        —
                              or not agglomerated
17.05 B II                    Flavoured or coloured glucose and glucose syrup, other than in the form of 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                     0-379
                              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                     0-379
                              maize or rice, of a starch content exceeding 35 "/o but not exceeding 45 °/o 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                     0-379
                              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 °/o by weight
                              and having undergone denaturing process
23.02 A II a)                 Brans, sharps and other residues derived from · the sifting, milling or working                      0-379
                              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 °/o 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                     0-379
                              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
                              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 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 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.