CELEX: 31977R2167
Language: en
Date: 1977-10-01 00:00:00
Title: Commission Regulation (EEC) No 2167/77 of 30 September 1977 fixing the export refunds on products processed from cereals and rice

No L 251 /22                              Official Journal of the European Communities                               1 . 10. 77
                                    COMMISSION REGULATION (EEC) No 2167/77
                                                      of 30 September 1977
                     fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                      rice (7), as amended by Regulation (EEC) No
COMMUNITIES,                                                        832/76 (8), defines the specific criteria to be taken into
                                                                    account when the refund on these products is being
Having regard to the Treaty establishing the European               calculated ;
Economic Community,
Having regard to Council Regulation (EEC) No                        Whereas, on the basis of the criteria laid down in
2727/75 of 29 October 1975 on the common organiza­                  Regulation (EEC) No 2744/75, particular account
tion of the market in cereals ^), as last amended by                should be taken of the prices and quantities of basic
Regulation (EEC) No 1 386/77 (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                         1 077/68 (9), as amended by Regulation (EEC) No
 1418/76 of 21 June 1976 on the common organiza­                    2764/71 (10), provide that the amount of the export
tion of the market in rice (3), as amended by Regula­                refund should, for certain products, be reduced by an
tion (EEC) No 11 58/77 (4), and in particular the fourth            amount equal to the production refund granted in
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
                                                                    criteria to the present situation on the market in
Whereas Article 16 of Regulation (EEC) No 2727/75                    products processed from cereals and rice that the
and Article 17 of Regulation (EEC) No 1418/76                       export refund should be fixed at an amount which
provide that the difference between quotations or                   will cover the difference between Community prices
prices on the world market for the products listed in               and world market prices ;
Article 1 of those Regulations and prices for those
products within the Community may be covered by
an export refund ;                                                  Whereas when the refund is being calculated account
                                                                    should be taken of the quantities of raw materials
Whereas Article 2 of Council Regulation (EEC) No                     used to determine the variable component of the
2746/75 of 29 October 1975 (5), and Article 2 of                     levy ; whereas the quantities of raw materials used for
Council Regulation (EEC) No 1431 /76 of 21 June                     certain processed products may vary according to the
 1976 (6) laying down general rules for granting export             end use of the product ; whereas, depending on the
refunds on cereals and rice respectively and criteria for            manufacturing process used, products other than the
fixing the amount of such refunds, provide that when                 main product are obtained, the quantity and value of
refunds are being fixed account must be taken of the                which may vary with the nature and quality of the
existing situation and the future trend with regard to               main products being manufactured ; whereas cumula­
prices and availabilities of cereals, rice and broken rice          tion of the refunds on the various products manufac­
on the Community market on the one hand and                         tured by a single process from the same basic product
prices for cereals, rice and broken rice on the wo^ld                may make it possible, in certain cases, to export to
market on the other ; whereas the same Articles                      third countries at prices which are lower than world
provide that it is also important to ensure equilibrium              market prices ; wheteas the refund on certain products
and the natural development of prices and trade on                  should therefore be limited to an amount which,
the markets in cereals and rice and, furthermore, to                while allowing access to the world market, will ensure
take into account the economic aspect of the                        that the aims of the common organization of the
proposed exports, and the need to avoid disturbances                 markets are respected ;
on the Community market ;
Whereas Article 6 of Council Regulation (EEC) No                    Whereas the refund to be granted in respect of certain
2744/75 of 29 October 1975 on the import and export                  processed products should be graduated on the basis
system for products processed from cereals and from                 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  158, 29 . 6. 1977, p. 1 .
(3)  OJ No  L  166, 25. 6. 1976, p. 1 .                             (7) OJ No L 281 , 1 . 11 . 1975, p. 65.
H    OJ No  L  136, 2. 6. 1977, p. 13 .                             (8) OJ No L 100, 14. 4. 1976, p. 1 .
(5)  OJ No  L 281 , 1 . 11 . 1975, p. 78 .                          H OJ No L 181 , 27. 7. 1968 , p. 1 .
(<•) OJ No  L  166, 25. 6. 1976, p. 36.                             ( 10) OJ No L 283, 24. 12. 1971 , p. 30 .
 ---pagebreak---  1 . 10. 77                          Official Journal of the European Communities                          No L 251 /23
quantity of basic product actually incorporated in the         — for other currencies, an exchange rate based on the
processed product ;                                                   arithmetic mean of the spot market rates of each
                                                                      of these currencies recorded for a given period in
Whereas there is no need at present to fix an export                  relation to the Community currencies referred to
refund for manioc, other tropical roots and tubers or                 in the previous subparagraph ;
flours obtained therefrom, given the economic aspect
of potential exports and in particular the nature and          Whereas the refund must be fixed once a month ;
origin of these products ; whereas, for certain products       whereas it may be altered in the intervening period ;
processed from cereals, the insignificance of Commu­           Whereas the measures provided for in this Regulation
nity participation in world trade makes it unnecessary         are in accordance with the opinion of the Manage­
to fix an export refund at the present time ;                  ment Committee for Cereals,
Whereas the world market situation or the specific
requirements of certain markets may make it neces­             HAS ADOPTED THIS REGULATION :
sary to vary the refund for certain products according
to destination ;                                                                          Article 1
Whereas Regulation (EEC) No 2806/71 (*) lays down              The export refunds on the products listed in Article 1
additional rules for granting export refunds for certain       (d) of Regulation (EEC) No 2727/75 and in Article 1
products processed from cereals and rice ;                     ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
Whereas, if the refund system is to operate normally,          Regulation (EEC) No 2744/75 are hereby fixed as
refunds should be calculated on the following basis :          shown in the Annex to this Regulation.
— in the case of currencies which are maintained in
                                                                                          Article 2
      relation to each other at any given moment within
     a band of 2-25 % , a rate of exchange based on            This Regulation shall enter into force on 1 October
      their effective parity ;                                  1977.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 30 September 1977.
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President
(') OJ No L 284, 28 . 12. 1971 , p. 9.
 ---pagebreak---   No L 251 /24                              Official Journal of the European Communities                         1 . 10. 77
                                                                  ANNEX
                   to the Commission Regulation of 30 September 1977 fixing the export refunds on products
                                                      processed from cereals and rice
                                                                                                                  (u.aJtonne)
           Number
       in nomenclature                                    Nomenclature in simplified wording                      Refund
       used for refunds
  1 1.01 C (1)               Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 °/o by    107-16
                             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)                                           0
 11.01 D (I)                 Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 °/o by      116-87
                             weight, of a crude fibre content, referred to ary 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 e/o by     101-39
                             weight and of a crude fibre content, referred to dry matter, not exceeding
                             0-8 °/o by weight
 1 1.01 E (11)               Maize flour, of a fat content, referred to dry matter, exceeding 1-3 °/o but not      86-90
                             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)                                63-01
 11.01 F                     Rice flour                                                                            66-29
                                                                                                         »
 1 1.02 A III (a)            Barley groats and meal, of an ash content, referred to dry matter, not exceeding    110-74
                             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       116-87
                             2-3 °/o by 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
 11.02 AIV (b)               Oat groats and meal not included under No 11.02 A IV (a)                                 0
 ! 1.02 A V (a)              Maize groats and meal, of a fat content, referred to dry matter, not exceeding      144-85
                             0-9 °/o by weight and a crude fibre content, referred to dry matter, not exceeding
                            0-6 °/o by weight i1)
 11.02 A V (b)               Maize groats and meal, of á fat content, referred to dry matter, not exceeding     101-39
                             1-3 Vo 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           86-90
                             1-3 % by weight but not exceeding 1-7% by weight and of a crude fibre content,
                            referred to dry matter, not exceeding 1 Ό % weight (*)
 1 1.02 A VI                Rice groats and meal                                                                  66-29
 11.02 Bla) 1 (aa )         Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not   107-16
                            exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                            not exceeding 0·9 % by weight (')
 1 1.02 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                                                                            __
1 1.02 B I a) 2 bb) ( 11)   Hulled (shelled or husked] oats, of an ash content, referred to dry matter, not     103-88
                            exceeding 2-3 % by weight, of a tegument content not exceeding 0*5 °/o of a
                            moisture content not exceeding 11 % and of which the peroxydase is virtually
                            inactivated (*)
 11.02B I «) 2 bb) (22)     Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( U) (·)      0
 ---pagebreak--- 1 . 10. 77                           Official Journal of the European Communities                          No L 251/25
                                                                                                               (u.a.ltonnet
         Number
     in nomenclature                               Nomenclature in simplified wording                         Refund
     used fer refunds
11.02 B I b) 1 (aa)    Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not   107-16
                       exceeding 1% by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 0·9 β/ο 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') f)
11.02 B I b) 2 (aa)    Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not     110-38
                       exceeding 2-3 % weight, of a tegument content not exceeding 0Ί %, of a moisture
                       content not exceeding 11 e/o 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') (2)
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     142-88
                       weight (without talc) — 1st category (')
11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by     114-31
                       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 l'/o by'        107-16
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-9 ®/o by weight
1 1.02 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      129-85
                       weight, of a tegument content not exceeding 0·1 ·/ο, of a moisture content not
                       exceeding 12 °/o 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 */o by       103-88
                       weight, of a tegument content exceeding 0-1 °/o but not exceeding 1-5 °/o, 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)            —
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9%> by        115-88
                       Weight and of a crude fibre content, referred to dry matter, not exceeding
                       0*7 °/o by weight
                       Flaked maize, of a fat content, referred to dry matter, not exceeding 1*3 */o by        94-15
ex 11.02 E II c) (2)
                       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 e/o but not
                       exceeding 1-7 e/o by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 ·/· weight
11.02 E II d) 1        Flaked rice                                                                             66-29
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                                             20-75
11.02 G II             Gerra of cereals other than wheat, whole, rolled, flaked or ground                      18-11
 ---pagebreak---  No L 251/26                               Official Journal of the European Communities                                             1 . 10. 77
                                                                                                                                     (u.aJtonnt)
           Number
      is nomenclature                                        Nomenclature in simplified wording                                      Refund
      ned lor refunds
 11.08 A I                     Maize starch                                                                                         102-19
 11.08 A II                    Rice starch                                                                                            73-86
 11.08 A ΠΙ                    Wheat starch                                                                                         149-38
 li.08 A IV                    Potato starch                                                                                        102-19
 11.08 A V                     Starches other than maize, rice, wheat, or potato starch                                             102-19
"Î1.09A                        Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                      135-80
                               82 °/o 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                      133-29
                               of the pure product, in the form of white crystalline powder, whether or not
                               agglomerated (4)
 17.02 B Π b)                  Glucose and glucose syrUp not containing, in the dry state, 99 °/o or more by                        102-19
                               weight of the pure product, other than glucose in the form of white crystalline
                               powder, whether or not agglomerated (*)
 17.05 B I                     Flavoured or coloured glucose, in the form of white crystalline powder, whether                      133-29
                               or not agglomerated
 17.05 B II                    Flavoured or coloured glucose and glucose syrup, other than in the form of                           102-19
                  4            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                        18-14
                               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                        18-14
                               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                           18-14
                               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 °/o by weight
 23.02 A Π b)                  Brans, sharps and other residues derived from the sifting, milling or working of                        18-14
                               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                            126-94
                               steeping liquors), of a protein content, calculated on dry matter, not exceeding
                               63 Vo 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. iMI,
     p. 40.
 A Yeaned grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. I. 19(1,
 (*) 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
     vitfcia subheading 17.02 B II.