CELEX: 31986R2044
Language: en
Date: 1986-07-01 00:00:00
Title: Commission Regulation (EEC) No 2044/86 of 30 June 1986 fixing the export refunds on products processed from cereals and rice

No L 173 /72                              Official Journal of the European Communities                                  1 . 7 . 86
                                       COMMISSION REGULATION (EEC) No 2044/86
                                                          of 30 June 1986
                        fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          system for products processed from cereals and from
                                                                     rice Q, as last amended by Regulation (EEC) No
Having regard to the Treaty establishing the European                1027/84 (8), defines the specific criteria to be taken into
Economic Community,                                                  account when the refund on these products is being
                                                                     calculated ;
Having regard to the Act of Accession of Spain and
Portugal,
                                                                     Whereas, on the basis of the criteria laid down in Regula­
                                                                     tion (EEC) No 2744/75, particular account should be
Having regard to Council Regulation (EEC) No 2727/75                 taken of the prices and quantities of basic products used
of 29 October 1975 on the common organization of the                 to calculate the variable component of the levy ; whereas
market in cereals ('), as last amended by Regulation (EEC)           Article 8 of Regulation (EEC) No 2744/75 and Article 1
No 1579/86 (2), and in particular the fourth subparagraph            of Regulation (EEC) No 1077/68 (9), as amended by Regu­
of Article 16 (2) thereof,                                           lation (EEC) No 2764/71 (l0), provide that the amount of
                                                                     the export refund should, for certain products, be reduced
Having regard to Council Regulation (EEC) No 1418/76                 by an amount equal to the production refund granted in
of 21 June 1976 on the common organization of the                    respect of the basic products ;
market in rice (3), as last amended by Regulation (EEC)
No 1007/86 (4), and in particular the fourth subparagraph
of Article 17 (2) thereof,                                           Whereas it follows from applying these detailed rules to
                                                                     the present situation on the market in products processed
Having regard to the opinion of the Monetary Committee,              from cereals and rice that the export refund should be
                                                                     fixed at an amount which will cover the difference
Whereas Article 16 of Regulation (EEC) No 2727/75 and                between Community prices and world market prices ;
Article 17 of Regulation (EEC) No 1418 /76 provide that
the difference between quotations or prices on the world
market for the products listed in Article 1 of those Regu­           Whereas when the refund is being calculated account
lations and prices for those products within the Commu­              should be taken of the quantities of raw materials used to
nity may be covered by an export refund ;                            determine the variable component of the levy ; whereas
                                                                     the quantities of raw materials used for certain processed
Whereas Article 2 of Council Regulation (EEC) No                     products may vary according to the end use of the
2746/75 of 29 October 1975 (5), and Article 2 of Council             product ; whereas, depending on the manufacturing
Regulation (EEC) No 1431 /76 of 21 June 1976 (6) laying              process used, products other than the main product are
down general rules for granting export refunds on cereals            obtained, the quantity and value of which may vary with
and rice respectively and criteria for fixing the amount of          the nature and quality of the main products being manu­
                                                                     factured ; whereas cumulation of the refunds on the
such refunds, provide that when refunds are being fixed
account must be taken of the existing situation and the              various products manufactured by a single process from
future trend with regard to prices and availabilities of             the same basic product may make it possible, in certain
cereals, rice and broken rice on the Community market                cases, to export to third countries at prices which are
on the one hand and prices for cereals, rice, broken rice            lower than world market prices ; whereas the refund on
and cereal products on the world market on the other ;               certain products should therefore be limited to an amount
whereas the same Articles provide that it is also important          which, while allowing access to the world market, will
to ensure equilibrium and the natural development of                 ensure that the aims of the common organization of the
prices and trade on the markets in cereals and rice and,             markets are respected ;
furthermore, to take into account the economic aspect of
the proposed exports, and the need to avoid disturbances
on the Community market ;                                            Whereas the refund to be granted in respect of certain
                                                                     processed products should be graduated on the basis of
                                                                     the ash, crude fibre, tegument, protein, fat and starch
Whereas Article 6 of Council Regulation (EEC) No
                                                                     content of the individual product concerned, this content
2744/75 of 29 October 1975 on the import and export
                                                                     being a particularly good indicator of the quantity of basic
                                                                     product actually incorporated in the processed product ;
(') OJ No   L 281 , 1 . 11 . 1975, p. 1.
0   OJ No   L 139, 24. 5. 1986,    p. 29.
(3) OJ No   L 166, 25. 6. 1976,    p. 1.                             0 OJ No L 281 , 1 . 11 . 1975, p. 65.
(4) OJ No   L 94, 9 . 4. 1986, p.  3.                                (8) OJ No L 107, 19. 4. 1984, p. 15.
(*) OJ No   L 281 , 1 . 11 . 1975, p. 78 .                           0 OJ No L 181 , 27. 7. 1968 , p. 1 .
 6  OJ No   L 166, 25. 6. 1976,    p. 36.                             10) OJ No L 283 , 24. 12. 1971 , p . 30.
 ---pagebreak--- 1 . 7. 86                               Official Journal of the European Communities                           No L 173/73
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 origin         Whereas, pursuant to Article 275 of the Act of Accession
of these products ; whereas, for certain products processed       of Spain and Portugal, refunds may be granted in the case
from cereals, the insignificance of Community participa­          of exports to Portugal ; whereas, in the light of the situa­
tion in world trade makes it unnecessary to fix an export         tion and the level of prices no refund should be fixed in
refund at the present time ;                                      the case of exports to Portugal ;
Whereas the world market situation or the specific requi­         Whereas the measures provided for in this Regulation are
rements of certain markets may make it necessary to vary          in accordance with the opinion of the Management
the refund for certain products according to destination ;        Committee for Oils and Fats,
Whereas Regulation (EEC) No 2806/71 (') lays down addi­
tional rules for granting export refunds for certain
products processed from cereals and rice ;                        HAS ADOPTED THIS REGULATION :
Whereas, if the refund system is to operate normally,                                      Article 1
refunds should be calculated on the following basis :
— in the case of currencies which are maintained in rela­         The export refunds on the products listed in Article 1 (d)
    tion to each other at any given moment within a band          of Regulation (EEC) No 2727/75 and in Article 1 ( 1 ) (c) of
    of 2,25 % , a rate of exchange based on their central         Regulation (EEC) No 1418/76 and subject to Regulation
     rate, multiplied by the corrective factor provided for in    (EEC) No 2744/75 are hereby fixed as shown in the
    the last paragraph of Article 3 (1 ) of Regulation (EEC)      Annex to this Regulation.
     No 1676/85 (2),
                                                                  The refund on export to Portugal has not been fixed.
— for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each of
    these currencies recorded for a given period in rela­                                  Article 2
     tion to the Community currencies referred to in the
     previous indent, and the aforesaid coefficient ;             This Regulation shall enter into force on 1 July 1986.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 30 June 1986.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
(') OJ No L 284, 28 . 12. 1971 , p. 9.
(2) OJ No L 164, 24. 6. 1985, p. 1 .
 ---pagebreak--- No L 173/74                              Official Journal of the European Communities                                   1 . 7. 86
                                                                 ANNEX
                     to the Commission Regulation of 30 June 1986 fixing the 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       155,50
                               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,  135,94
                               of a crude fibre content, referred to dry matter, not exceeding 1,8 % by weight, of a
                               moisture content not exceeding 1 1 % 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 1,3 % by weight  159,94
                               and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                               weight Q
  11.01 E (II)                 Maize flour, 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 Q
  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     160,69
                                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)                           —
  11.02 A IV (a)                Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2,3 %  135,94
                                by weight, of a tegument content not exceeding 0,1 % , of a moisture content not
                                exceeding 1 1 % 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 1.02 A V (a)               Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0,9 %  205,63
                                by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                                weight (') (8)
  1 1 .02 A V (b)               Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1,3 % 159,94
                                by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
                                by weight (') (8)
   11.02 A V (c)                Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by  137,09
                                weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to
                                dry matter, not exceeding 1 % by weight (') (8)
   1 1 .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    155,50
                                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 1 1 .02 B I a) 1 (aa) (2)      —
   1 1 .02 B I a) 2 (aa)        Clipped oats                                                                           —
 ---pagebreak--- 1 . 7. 86                               Official Journal of the European Communities                               No L 173/75
                                                                                                                       (ECU/tonne)
              Number
          in nomenclature                                 Nomenclature in simplified wording                         Refund
          used for refunds
    11.02 B I a) 2 bb) (1 1 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not        120,83
                              exceeding 2,3 % by weight, of tegument content not exceeding 0,5 % of a
                              moisture content not exceeding 1 1 % 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) (1 1 ) (2)      —
    11.02 Bib) 1 (aa)         Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not    155,50
                              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 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      128,38
                              exceeding 2,3 % by weight, of a tegument content not exceeding 0,1 % , of a
                              moisture content not exceeding 1 1 % and of which the peroxydase is virtually
                              inactivated ('Grütze' or 'Grutten') (2)
    1 1 .02 B I b) 2 (bb)     Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)               —
                              ('Grütze' or 'Grutten') (2)
    11.02 B II a) ( 1 )       Hulled (shelled or husked) wheat, not sliced or kibbled (2)                               —
    11.02 B II c) (1)         Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not       171,36
                              exceeding 0,9 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0,6 % by weight ('Gruetze' or 'Grutten') (2) (8)
    11.02 B II c) (2)         Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not       131,38
                              exceeding 1 ,3 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0,8 % by weight ('Gruetze' or 'Grutten') (2) (8)
    1 1.02 C III (a)          Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by        207,34
                              weight (without talc) — 1st category (3)
    1 1.02 C III (b)          Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by        165,87
                              weight (without talc) — 2nd category (3)
    11.02 CIV                 Pearled oats (3)                                                                          —
    11.02 D I                 Wheat not otherwise worked than kibbled                                                  78,00
    11.02 D II                Rye not otherwise worked than kibbled                                                    95,00
    1 1.02 E lb) 1 (aa)       Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by         1 55,50
                              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)                                     —
     1 1 .02 E I b) 2 (aa)     Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by        151,04
                               weight, of a tegument content not exceeding 0,1 %, of a moisture content not
                               exceeding 12 % 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        120,83
                               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
     1 1 .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         182,78
                               weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                               weight
 ---pagebreak--- No L 173/76                        Official Journal of the European Communities                                   1 . 7. 86
                                                                                                                (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       148,51
                          weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                          weight
ex 1 1 .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 % by weight
    11.02 E II d) 1       Flaked rice                                                                            —
    11.02 Fill            Barley pellets                                                                         —
    11.02 F IV            Oat pellets                                                                            —
    11.02 F V             Maize pellets                                                                          —
    11.02G I              Wheat germ, whole, rolled, flaked or ground                                           24,75
    11.02 G II            Germ of cereals other than wheat, whole, rolled, flaked or ground                     28,56
    11.07 A I a)          Unroasted malt, obtained from wheat, in the form of flour                            176,22
    11.07 Alia)           Unroasted malt, other than that obtained from wheat, in the form of flour            184,53
    1 1 .08 A I           Maize starch (*)                                                                     159,78
    11.08 All             Rice starch                                                                          255,03
    11.08 A III           Wheat starch (*)                                                                     173,80
    11.08 A IV            Potato starch (6)                                                                    159,78
    11.08 A V             Starches other than maize, rice, wheat, or potato starch 0                             —
    11.09 A               Dried wheat gluten, of a protein content, referred to dry matter, of 82 % or more    211,72
                          by weight (N x 6,25)
    17.02 B II a)         Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %    208,40
                          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)         Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­     159,78
                          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      218,33
                          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      151,84
                          dry matter, other than in the form of powder
    21.07 F II            Flavoured or coloured glucose syrup, and malto-dextrine syrup                        159,78
    23.02 A I a)          Brans sharps and other residues derived from the sifting, milling or working of       25,35
                          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       25,35
                          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       25,35
                          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      25,35
                          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            79,40
                           steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                           by weight (N x 6,25)
 ---pagebreak---  1 . 7. 86                                    Official Journal of the European Communities                                 No L 173/77
(') 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.
(2) '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.
f7) The analytical method to be used for the determination of the fatty matter content is that printed in Annex I (method A) to Directive
     84/4/EEC (OJ No L 15, 18 . 1 . 1984, p. 28).
(8) 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 I (Method A) to Directive 84/4/EEC (OJ No L 15,
          18 . 1 . 1984, p. 28).