CELEX: 31981R0823
Language: en
Date: 1981-04-01 00:00:00
Title: Commission Regulation (EEC) No 823/81 of 31 March 1981 fixing the export refunds on products processed from cereals and rice

1 . 4. 81                                   Official Journal of the European Communities                             No L 85/ 13
                                      COMMISSION REGULATION (EEC) No 823/81
                                                           of 31 March 1981
                     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
                                                                      rice (6), as last amended by Regulation (EEC) No
Having regard to the Treaty establishing the European                 2245/78 (7), defines the specific criteria to be taken
Economic Community,
                                                                      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 organiza­
tion of the market in cereals ('), as last amended by
                                                                      Whereas, on the basis of the criteria laid down in
the Act of Accession of Greece (2), and in particular
the fourth subparagraph of Article 16 (2) thereof,                     Regulation (EEC) No 2744/75, particular account
                                                                       should be taken of the prices and quantities of basic
                                                                       products used to calculate the variable component of
Having regard to Council Regulation (EEC) No                           the levy ; whereas Article 8 of Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                        2744/75 and Article 1 of Regulation (EEC) No
tion of the market in rice (3), as last amended by the                 1077/ 68 (8), as amended by Regulation (EEC) No
Act of Accession of Greece, and in particular the                      2764/71 (9), provide that the amount of the export
fourth subparagraph of Article 17 (2) thereof,                         refund should, for certain products, be reduced by an
                                                                       amount equal to the production refund granted in
                                                                       respect of the basic product ;
Having regard to the opinion of the Monetary
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
                                                                       should be fixed at an amount which will cover the
prices on the world market for the products listed in
Article 1 of those Regulations and prices for those                    difference between Community prices and world
products within the Community may be covered by                        market prices ;
an export refund ;
Whereas Article 2 of Council Regulation (EEC) No                       Whereas when the refund is being calculated account
2746/75 of 29 October 1 975 (4), and Article 2 of                      should be taken of the quantities of raw materials
Council Regulation (EEC) No 1431 /76 of 21 June                        used to determine the variable component of the
 1976 (5) laying down general rules for granting export                levy ; whereas the quantities of raw materials used for
refunds on cereals and rice respectively and criteria for              certain processed products may vary according to the
fixing the amount of such refunds, provide that when                   end use of the product ; whereas, depending on the
refunds are being fixed account must be taken of the                   manufacturing process used, products other than the
existing situation and the future trend with regard to                 main product are obtained, the quantity and value of
prices and availabilities of cereals, rice and broken rice             which may vary with the nature and quality of the
 on the Community market on the one hand and                            main products being manufactured ; whereas cumula­
 prices for cereals, rice, broken rice and cereal products             tion of the refunds on the various products manufac­
 on the world market on the other ; whereas the same                   tured by a single process from the same basic product
Articles provide that it is also important to ensure                    may make it possible, in certain cases, to export to
 equilibrium and the natural development of prices                      third countries at prices which are lower than world
 and trade on the markets in cereals and rice and ,                     market prices ; whereas the refund on certain products
 furthermore, to take into account the economic aspect                  should therefore be limited to an amount which,
 of the proposed exports, and the need to avoid distur­                 while allowing access to the world market, will ensure
 bances on the Community market ;                                       that the aims of the common organization of the
                                                                        markets are respected ;
(•)  OJ No  L  281 , 1 . 11 . 1975, p . 1 .
(2)  OJ No  L  291 , 19 . 11 . 1979 , p. 17 .                           (6)  OJ No L 28 1 , 1 . 11 . 1 975, p . 65 .
 (3) OJ No  L  166,  25. 6 . 1976, p. 1 .                               ( 7) OJ No L 273,   29 . 9 . 1978 , p. 1 .
(")  OJ No  L  281 , 1 . 11 . 1975, p . 78 .                            (8)  OJ No L 181 ,  27. 7 . 1968 , p . 1 .
 (5) OJ No  L  166,  25. 6. 1976, p . 36.                               (»)  OJ No L 283 ,  24. 12 . 1971 , p. JO.
 ---pagebreak--- No L 85/ 14                              Official Journal of the European Communities                               1 . 4. 81
Whereas the refund to be granted in respect of certain             — in the case of currencies which are maintained in
processed products should be graduated on the basis                       relation to each other at any given moment within
of the ash, crude fibre, tegument, protein, fat and                       a band of 2-25 % , a rate of exchange based on
starch content of the individual product concerned,                       their effective parity ;
this content being a particularly good indicator of the            — for other currencies, an exchange rate based on the
quantity of basic product actually incorporated in the                    arithmetic mean of the spot market rates of each
processed product ;                                                       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 indent ;
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
nity participation in world trade makes it unnecessary             Whereas the Management Committee for Cereals has
to fix an export refund at the present time ;                      not delivered an opinion within the time limit set by
                                                                    its chairman ,
Whereas the world market situation or the specific
requirements of certain markets may make it neces­
sary to vary the refund for certain products according              HAS ADOPTED THIS REGULATION :
to destination ;
Whereas Regulation (EEC) No 2806/71 ( 1 ) lays down                                            Article 1
additional rules for granting export refunds for certain
products processed from cereals and rice ;                         The export refunds on the products listed in Article 1
                                                                   (d) of Regulation (EEC) No 2727/75 and in Article 1
Whereas the Commission has decided to grant a                      ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
special refund for the export to Poland of a maximum                Regulation (EEC) No 2744/75 are hereby fixed as
of 10 000 tonnes of certain processed barley products              shown in the Annex to this Regulation .
and made such grant subject to compliance with the
specific requirements laid down by Regulation (EEC)
No 663/ 81 (2) ;                                                                               Article 2
Whereas, if the refund system is to operate normally,              This Regulation shall enter into force on 1 April
refunds should be calculated on the following basis :               1981 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 31 March 1981 .
                                                                                For the Commission
                                                                                  Poul DALSAGER
                                                                            Member of the Commission
(') OJ No L 284, 28 . 12. 1971 , p . 9 .
 2) OJ No L 69 , 14. 3 . 1981 , p . 19 .
 ---pagebreak--- 1 . 4. 81                            Official Journal of the European Communities                                  No L 85/ 15
                                                              ANNEX
                 to the Commission Regulation of 31 March 1981 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            18-95
                           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,         0
                            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      8315
                            and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by weight
    11.01 E (II)            Maize flour, of a fat content, referred to dry matter, exceeding 1-3 % but not
                            exceeding 1 -7 % by weight and of a crude fibre content, referred to dry matter, not
                            exceeding 1 % by weight
    11.01 E (III)           Maize flour not included under No 11.01 E (I) and (II)                                      —
    11.01 F                 Rice flour                                                                                  —
    1 1.02 A III (a)        Barley groats and meal, of an ash content, referred to dry matter, not exceeding           19-58
                            1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                            0-9 % by weight
    1 1.02 A III (b)        Barley groats and meal not included under No 1 1.02 A III (a)                               —
    1 1.02 A IV (a)        Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2-3 %          0
                           by weight, of a tegument content not exceeding 01 % , of a moisture content not
                           exceeding 1 1 % and of which the peroxydase is virtually inactivated
    1 1.02 A IV (b)        Oat groats and meal not included under No 1 1.02 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 %       106-90
                           by weight and a crude fibre content, referred to dry matter, not exceeding 0-6 % by
                           weight (')
    1 1.02 A V (b)         Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1 -3 %       83-15
                           by weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 %
                           by weight (')
    1 1.02 A V (c)         Maize groats and meal, of a fat content, referred to dry matter, exceeding 1 -3 % by        71-27
                           weight 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 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
                           exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                           exceeding 0-9 % by weight (2)
                           for exports to :
                           — Poland                                                                                    62-00 Q
                           — other destinations                                                                        18-95
    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--- No L 85/ 16                            Official Journal of the European Communities                                   1 . 4. 81
                                                                                                                   (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             0
                            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)
  11.02 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      18-95
                            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 B lb) 1 (bb)        Hulled and sliced or kibbled barley, not included under No 1 1.02 B I b) 1 (aa)           —
                            ('Grütze' or 'Grutten') (2)
  1 1.02 B I b) 2 (aa)      Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not           0
                            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 1 1 .02 B I b) 2 (aa)             —
                            ('Grütze' 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 )      ( 1 ) Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not
                            exceeding 0-9 0/0 by weight and of a crude fibre content, referred to dry matter,
                            not exceeding 0-6 % by weight ('gruetze' or 'grutten ') (2)                              8909
  1 1.02 C III (a)          Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by
                            weight (without talc) — 1 st category (■')
                            for exports to :
                            — Poland                                                                                 76 00 0
                            — other destinations                                                                     25-26
  1 1.02 C III (b)          Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by          20-21
                            weight (without talc) — 2nd category (')
  1 1.02 C IV               Pearled oats (')                                                                          —
  1 1.02 D I                Wheat not otherwise worked than kibbled                                                   —
  11.02 D II                Rye not otherwise worked than kibbled                                                    18-00
  1 1.02 E I b) 1 (aa)      Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by weight      18-95
                            and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight
  1 1.02 E lb) 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              0
                            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              0
                            weight, of a tegument content exceeding 0-1 % but not exceeding 1-5% , of a
                            moisture content not exceeding 12% and of which the peroxydase is virtually
                            inactivated
  11.02 E 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 1 1.02 E II c) ( 1 )   Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by           95-02
                            weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 % by
                            weight
  ex 1 1.02 E II c) (2)     Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 % by           77-21
                            weight and of a crude fibre content, referred to dry matter, not exceeding 0 8 % by
                            weight
 ---pagebreak--- 1 . 4. 81                           Official Journal of the European Communities                               No L 85/ 17
                                                                                                                 (ECU/tonne)
           Number
       in nomenclature                               Nomenclature in simplified wording                           Refund
       used for refunds
    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                                                                               —
    1 1.02 F III          Barley pellets                                                                            —
    1 1.02 F IV           Oat pellets                                                                               —
    11.02 F V             Maize pellets                                                                             —
    1 1.02 G I            Wheat germ, whole, rolled, flaked or ground                                              10-03
    1 1.02 G II           Germ of cereals other than wheat, whole, rolled, flaked or ground                        14-85
    1 1.07 A I a)         Unroasted malt, obtained from wheat, in the form of flour                                71-43
    1 1 .07 A II a)       Unroasted malt, other than that obtained from wheat, in the form of flour                22-48
    11.08 AI              Maize starch (*)                                                                         67-88
    11.08 All             Rice starch (*)                                                                           —
    11.08 A III           Wheat starch (*)                                                                         34-01
    11.08 AIV             Potato starch (6)                                                                        67-88
    11.08 AV              Starches other than maize, rice, wheat, or potato starch 0                                —
    1 1.09 A              Dried wheat gluten, of a protein content, referred to dry matter, of 82 % or more        41-44
                          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 of       88-54
                          the pure product, in the form of white crystalline powder, whether or not
                          agglomerated (4)
    17.02 B II b)         Glucose and glucose syrup not containing, in the dry state, 99 % or more by              67-88
                          weight of the pure product, other than glucose in the form of white crystalline
                          powder, whether or not agglomerated (4)
    21.07 F II            Flavoured or coloured glucose and glucose syrup, other than in the form of white         67-88
                          crystalline powder, whether or not agglomerated
    23.02 A I a)          Brans sharps and other residues derived from the sifting, milling or working of           8-97
                          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          8-97
                          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          8-97
                          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, calcu­
                          lated 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          8-97
                          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               67-46
                          steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                          by weight (N x 6-25)
 ---pagebreak--- No L 85/ 18                             Official Journal of the European Communities                                     1 . 4. 81
(') 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.
(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) Grant of this refund is subject to the provisions of Article 2 of Regulation (EEC) No 663/81 .