CELEX: 31985R3034
Language: en
Date: 1985-11-01 00:00:00
Title: Commission Regulation (EEC) No 3034/85 of 28 October 1985 fixing the export refunds on products processed from cereals and rice

No L 290/ 10                            Official Journal of the European Communities                                 1 . 11 . 85
                                     COMMISSION REGULATION (EEC) No 3034/85
                                                       of 28 October 1985
                     fixing the export refunds on products processed from cereals and rice
 THE COMMISSION OF THE EUROPEAN                                     Whereas Article 6 of Council Regulation (EEC) No
  COMMUNITIES,                                                      2744/75 of 29 October 1975 on the import and export
                                                                    system for products processed from cereals and from
  Having regard to the Treaty establishing the European             rice (7), as last amended by Regulation (EEC) No
  Economic Community,                                                1027/84 (8), defines the specific criteria to be taken
                                                                    into account when the refund on these products is
                                                                    being calculated ;
 Having regard to Council Regulation (EEC) No
 2727/75 of 29 October 1975 on the common organ­
 ization of the market in cereals ('), as last amended by
 Regulation (EEC) No 1018/84 (2), and in particular the             Whereas, on the basis of the criteria laid down in
 fourth subparagraph of Article 16 (2) thereof,                     Regulation (EEC) No 2744/75, particular account
                                                                    should be taken of the prices and quantities of basic
 Having regard to Council Regulation (EEC) No                       products used to calculate the variable component of
  1418/76 of 21 June 1976 on the common organization                the levy ; whereas Article 8 of Regulation (EEC) No
 of the market in rice (3), as last amended by Regulation           2744/75 and Article 1 of Regulation (EEC) No
 (EEC) No 1025/84 (4), and in particular the fourth                  1077/68 (9), as amended by Regulation (EEC) No
 subparagraph of Article 17 (2) thereof,                            2764/71 (10), provide that the amount of the export
                                                                    refund should, for certain products, be reduced by an
                                                                    amount equal to the production refund granted in
 Having regard to the opinion of the Monetary                       respect of the basic products ;
 Committee ,
 Whereas Article 16 of Regulation (EEC) No 2727/75                  Whereas it follows from applying these detailed rules
 and Article 17 of Regulation (EEC) No 1418/76                      to the present situation on the market in products
 provide that the difference between quotations or                  processed from cereals and rice that the export refund
 prices on the world market for the products listed in              should be fixed at an amount which will cover the
 Article 1 of those Regulations and prices for those                difference between Community prices and world
 products within the Community may be covered by an                 market prices ;
 export refund ;
 Whereas Article 2 of Council Regulation (EEC) No
 2746/75 of 29 October 1975 (^ and Article 2 of                     Whereas when the refund is being calculated account
 Council Regulation (EEC) No 1431 /76 of 21 June                    should be taken of the quantities of raw materials used
 1976 (*) laying down general rules for granting export             to determine the variable component of the levy ;
 refunds on cereals and rice respectively and criteria for          whereas the quantities of raw materials used for certain
 fixing the amount of such refunds, provide that when               processed products may vary according to the end use
 refunds are being fixed account must be taken of the               of the product ; whereas, depending on the manufac­
 existing situation and the future trend with regard to             turing process used, products other than the main
 prices and availabilities of cereals, rice and broken rice         product are obtained, the quantity and value of which
 on the Community market on the one hand and                        may vary with the nature and quality of the main
 prices for cereals, rice, broken rice and cereal products          products being manufactured ; whereas cumulation of
 on the world market on the other ; whereas the same                the refunds on the various products manufactured by a
Articles provide that it is also important to ensure                single process from the same basic product may make
equilibrium and the natural development of prices and               it possible, in certain cases, to export to third countries
trade on the markets in cereals and rice and, further­              at prices which are lower than world market prices ;
more, to take into account the economic aspect of the              whereas the refund on certain products should there­
proposed exports, and the need to avoid disturbances                fore be limited to an amount which, while allowing
                                                                    access to the world market, will ensure that the aims of
on the Community market ;
                                                                    the common         organization of the        markets are
                                                                    respected ;
(') OJ  No  L  281 , 1 . 11 . 1975, p. 1.
(2) OJ  No  L  107,  19. 4.   1984, p. 1.
(3) OJ  No  L  166,  25. 6.   1976, p. 1. -                        0 OJ      No L 281 , 1 . 11 . 1975, p. 65.
(4) OJ  No  L  107,  19. 4.   1984, p. 13.                         0 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 .
(«) OJ  No  L  166,  25. 6.   1976, p. 36.                         (10) OJ   No L 283, 24. 12. 1971 , p. 30 .
 ---pagebreak--- 1 , 11 . 85                         Official Journal of the European Communities                          No L 290/ 11
Whereas the refund to be granted in respect of certain               No 974/71 (2), as last amended by Regulation (EEC)
processed products should be graduated on the basis of               No 855/84 (3),
the ash, crude fibre, tegument, protein, fat and starch       — for other currencies, an exchange rate based on the
content of the individual product concerned, this                    arithmetic mean of the spot market rates of each of
content being a particularly good indicator of the                   these currencies recorded for a given period in
quantity of basic product actually incorporated in the               relation to the Community currencies referred to
processed product ;                                                  in the previous indent, and the aforesaid coeffi­
Whereas there is no need at present to fix an export                 cient ;
refund for manioc, other tropical roots and tubers or         Whereas the refund must be fixed once a month ;
flours obtained therefrom, given the economic aspect
of potential exports and in particular the nature and         whereas it may be altered in the intervening period ;
origin of these products ; whereas, for certain products      Whereas the Management Committee for Cereals has
processed from cereals, the insignificance of Commu­          not delivered an opinion within the time limit set by
nity participation in world trade makes it unnecessary        its chairman,
to fix an export refund at the present time ;
Whereas the world market situation or the specific
requirements of certain markets may make it necessary         HAS ADOPTED THIS REGULATION :
to vary the refund for certain products according to
destination ;
                                                                                          Article 1
Whereas Regulation (EEC) No 2806/71 (') lays down
additional rules for granting export refunds for certain      The export refunds on the products listed in Article 1
products processed from cereals and rice ;                    (d) of Regulation (EEC) No 2727/75 and in Article 1
                                                              ( 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
     relation to each other at any given moment within                                    Article 2
     a band of 2,25 % , a rate of exchange based on
     their central rate, multiplied by the coefficient        This Regulation shall enter into force on 1 November
     provided for in Article 2b (2) of Regulation (EEC)       1985 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 28 October 1985.
                                                                           For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
                                                              (2) OJ No L 106, 12. 5. 1971 , p. 1 .
(') OJ No L 284, 28. 12. 1971 , p. 9.                         (3 OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 290/ 12                         Official Journal of the European Communities                                 1 . 11 . 85
                                                             ANNEX
                to the Commission Regulation of 28 October 1985 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        134,94
                           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,   117,54
                           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)                                               —
   11.01 E (I)             Maize flour, of a fat content, referred to dry matter, not exceeding 1,3 % by weight   132,75
                           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) Q                                  —
  11.01 F                  Rice flour                                                                                —
  11.02 A III (a)          Barley groats and meal, of an ash content, referred to dry matter, not exceeding      139,44
                           1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                           0,9 % by weight
  11.02 A 111(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 %   117,54
                           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
  1 1.02 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 %   170,68
                          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 %  132,75
                          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 1,3 % by    113,78
                          weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to
                          dry matter, not exceeding 1 % by weight (') (8)
  11.02 A VI              Rice groats and meal                                                                      —
  1 1 .02 B I a) 1 (aa)    Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not     134,94
                          exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 0,9 % by weight (2)
  1 1.02 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 . 11 . 85                             Official Journal of the European Communities                                No L 290/ 13
                                                                                                                       (ECU/tonne)
           Number
      in nomenclature                                      Nomenclature in simplified wording                           Refund
      used for refunds
    1 1.02 B I a) 2 bb) (1 1 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not          104,48
                               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 1 1.02 B I a) 2 bb) (1 1) (2)        —
    1 1 .02 B I b) 1 (aa)      Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not      134,94
                               exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                               exceeding 0,9 % by weight ('Grutze' or 'Grutten') (2)
    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)              —
                               ('Grutze' 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        111,01
                               exceeding 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 ('Grutze' or 'Grutten') (2)
    11.02 Bib) 2(bb)           Hulled and sliced or kibbled oats not included under No 11.02 B Ib)2(aa)                    —
                               ('Grutze' or 'Grutten') (2)
    1 1.02 B II a) (1 )        Hulled (shelled or husked) wheat, not sliced or kibbled (2)                                 —
    1 1.02 B II c) (1)         Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not         142,23
                               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)
    1 1.02 B lie) (2)          Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not         109,04
                               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          179,92
                               weight (without talc) — 1st category (3)
    1 1.02 C 111(b)            Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by          143,94
                               weight (without talc) — 2nd category (3)
    11.02 CIV                  Pearled oats (3)                                                                            —
    11.02 D I                  Wheat not otherwise worked than kibbled                                                    72,00
    11.02 D II                 Rye not otherwise worked than kibbled                                                      79,00
    11.02 E I b) 1 (aa)        Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by           134,94
                               weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                               weight
    1 1 .02 E I b) 1 (bb)      Flaked barley not included under 1 1 .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           1 30,60
                               weight, of a tegument content not exceeding 0,1 % , of a moisture content not
                               exceeding 1 2 % 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           104,48
                               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)            —
    1 1.02 E II c) ( 1 )       Flaked maize, of a fat content, referred to dry matter, not exceeding 0,9 % by           151,71
                               weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                               weight
 ---pagebreak--- No L 290/ 14                     Official Journal of the European Communities                                1 . 11 . 85
                                                                                                            (ECU/tonne)
           Number
      in nomenclature                              Nomenclature in simplified wording                        Refund
      used for refunds
ex 1 1.02 E lie) (2)    Flaked maize, of a fat content, referred to dry matter, not exceeding 1,3 % by       123,27
                        weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                        weight
ex 1 1.02 E lie) (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
    1 1 .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                                           20,06
    1 1.02 G II         Germ of cereals other than wheat, whole, rolled, flaked or ground                     23,70
    11.07 A I a)        Unroasted malt, obtained from wheat, in the form of flour                           142,84
    11.07 A II a)       Unroasted malt, other than that obtained from wheat, in the form of flour           160,13
    11.08 A I          Maize starch (*)                                                                     121,41
    11.08 All           Rice starch (*)                                                                     162,14
    11.08 A III        Wheat starch                                                                         115,41
    11.08 A IV         Potato starch (*)                                                                    121,41
    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, of 82 % or more    140,60
                       by weight (N x 6,25)
    17.02 B II a)      Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %    158,36
                       or more by weight of the pure product, in the form of white crystalline powder,
                       whether or not agglomerated (4)
    17.02 B lib)       Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­     121,41
                       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      165,90
                       dry matter, in the form of powder, whether or not agglomerated
    17.02 F II b)      Caramel, other than caramel containing 50 % or more by weight of sucrose in the      115,38
                       dry matter, other than in the form of powder
   2t.07 F II          Flavoured or coloured glucose syrup, and malto-dextrine syrup                        121,41
   23.02 A I a)        Brans sharps and other residues derived from the sifting, milling or working of        21,20
                       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       21,20
                       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       21,20
                       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      21,20
                       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            60,32
                       steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                       by weight (N x 6,25)
 ---pagebreak--- 1 . 11 . 85                             Official Journal of the European Communities                              No L 290/ 15
(') 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 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).
(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.
0 The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by
    weight.
Q 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).
(*) 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).