CELEX: 31975R0793
Language: en
Date: 1975-03-27 00:00:00
Title: Regulation (EEC) No 793/75 of the Commission of 26 March 1975 fixing the export refunds on products processed from cereals and rice

No L 78 /32                               Official Journal of the European Communities                              27 . 3 . 75
                              REGULATION ( EEC) No 793/75 OF THE COMMISSION
                                                         of 26 March 1975
                     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,                                                         1052/68 (9) of 23 July 1968 on the import and export
                                                                    system for products processed from cereals and from
Having regard to the Treaty establishing the European
                                                                    rice, as last amended by Regulation (EEC) No
Economic Community ;
                                                                    881 /73 ( 10), defines the specific criteria to be taken
Having regard to Council Regulation No 120/                         into account when the refund on these products is
67/ EEC (') of 13 June 1967 on the common organiza­                 being calculated ;
tion of the market in cereals, as last amended by Regu­
lation ( EEC) No 85/75 (2), and in particular the first
sentence of the fourth subparagraph of Article 16 (2)               Whereas, on the basis of the criteria laid down in
thereof ;
                                                                     Regulation (EEC) No 1052/68 , particular account
Having regard to Council Regulation No 359/                          should be taken of the prices and quantities of basic
67/ EEC (3) of 25 July 1967 on the common organiza­                  products used to calculate the variable component of
tion of the market in rice, as last amended by Regula­               the levy ; whereas, therefore, as is laid down for the
tion (EEC) No 476/75 (4), and in particular the first                determination of . the variable component, account
sentence of the fourth subparagraph of Article 17 (2)                should be taken of the average of the levies on the
thereof ;                                                            basic products concerned during a representative
                                                                     period, namely the first 25 days of the month
Having regard to the Opinion of the Monetary                         preceding the month of exportation ; whereas this
Committee ;
                                                                     average should be adjusted for the threshold price for
Whereas Article 16 of Regulation No 120/67/ EEC                      these basic products which will be in force during the
and Article 17 of Regulation No 359/ 67/ EEC provide                 month of exportation ; whereas Article 8 of Regula­
that the difference between quotations or prices on                  tion (EEC) No 1052/68 and Article 1 of Regulation
the world market for the products listed in Article 1                (EEC) No 1077/68 ( u ), amended by Regulation (EEC)
of those Regulations and prices for those products                   No 2764/71 ( 12), provide that the amount of the
within the Community may be covered by an export                     export refund should, for certain products, be reduced
refund ;                                                             by an amount equal to the production refund granted
                                                                     in respect of the basic product ;
Whereas Article 2 of Council Regulation No 139/
67/ EEC (5 ) of 21 June 1967, as last amended by Regu­
lation (EEC) No 87/75 (6), and Article 2 of Council
Regulation No 366/ 67/ EEC (7) of 25 July 1967 laying                Whereas it follows from applying these rules and
down general rules for granting export refunds on                    criteria to the present situation on the market in
cereals and rice respectively and criteria for fixing the             products processed from cereals and rice that the
amount of such refunds, as last amended by Regula­                    export refund should be fixed at an amount which
tion ( EEC) No 478/75 (8), provide that when refunds                 will cover the difference between Community prices
are being fixed account must be taken of the existing                 and world market prices ;
situation and the future trend with regard to prices
 and availabilities of cereals, rice and broken rice on
 the Community market on the one hand and prices                      Whereas when the refund is being calculated account
 for cereals, rice and broken rice on the world market                should be taken of the quantities of raw materials
 on the other ; whereas the same Articles provide that                used to determine the variable component of the
 it is also important to ensure equilibrium and the                   levy ; whereas the quantities of raw materials used for
 natural development of prices and trade on the                       certain processed products may vary according to the
 markets in cereals and rice and, furthermore, to take                end use of the product ; whereas, depending on the
 into account the economic aspect of the proposed                     manufacturing process used, products other than the
 exports, and the need to avoid disturbances on the                   main product are obtained, the quantity and value of
 Community market ;                                                   which may vary with the nature and quality of the
                                                                      main products being manufactured ; whereas cumula­
 (')  OJ No  117, 19 . 6 . 1967, p . 2269 /67.                        tion of the refunds on the various products manufac­
 (2 ) OJ No L 11 , 16 . 1 . 1975, p. 1 .                              tured by a single process from the same basic product
 (3 ) OJ No  174, 31 . 7 . 1967, p . 1 .
 (4   Oj No L 52, 28 . 2. 1975, p. 31 .
 (5 ) OJ No  125, 26. 6. 1967, p . 2453/67.                           (9) OJ No L 179, 25. 7. 1968 , p. 8 .
  6   OJ No L 11 , 16 . 1 . 1975, p. 3 .                              ( 10) OJ No L 86, 31 . 3 . 1973 , p. 30 .
 (7)  OJ No  174, 31 . 7 . 1967, p . 34 .                             (") OJ No L 181 , 27 . 7. 1968 , p. 1 .
 (8)  OJ No L 52, 28 . 2 . 1975, p. 34.                               ( I2 ) OJ No L 283 , 24. 12. 1971 , p . 30,
 ---pagebreak--- 27. 3 . 75                           Official Journal of the European Communities                         No L 78 /33
may make it possible, in certain cases, to export to           — in the case of currencies which are maintained in
third countries at prices which are lower than world                relation to each other, at any given moment,
market prices ; whereas the refund on certain products             within a band of 2-25 % , a rate of exchange based
should therefore be limited to an amount which,                    on their effective parity ;
while allowing access to the world market, will ensure         — for other currencies an exchange rate based on the
that the aims of the common organization of the                    arithmetic mean of the spot market rates of each
markets are respected ;                                            of these currencies recorded for a given period, in
Whereas the refund to be granted in respect of certain              relation to the Community currencies referred to
processed products should be graduated on the basis                 in the previous subparagraph ;
of the ash, crude fibre, tegument, protein, fat and
                                                               Whereas the refund must be fixed once a month ;
starch content of the individual product concerned,
this content being a particularly good indicator of the        whereas it may be altered in the intervening period ;
quantity of basic product actually incorporated in the
processed product ;                                            Whereas the measures provided for in this Regulation
                                                               are in accordance with the Opinion of the Manage­
Whereas there is no need at present to fix an export           ment Committee for Cereals,
refund for manioc, other tropical roots and tubers or
flours obtained therefrom, given the economic aspect
of potential exports and in particular the nature and          HAS ADOPTED THIS REGULATION :
origin of these products ; whereas, for certain products
processed from cereals, the insignificance of Commu­
nity participation in world trade makes it unnecessary                                 Article 1
to fix an export refund at the present time ;
Whereas the world market situation or the specific             The export refunds on the products listed in Article 1
requirements of certain markets may make it neces­             (d) of Regulation No 120/67/EEC and in Article 1 ( 1 )
sary to vary the refund for certain products according         (c) of Regulation No 359/67/EEC and subject to Regu­
to destination ;                                               lation (EEC) No 1052/ 68 are hereby fixed as shown in
                                                               the Annex to this Regulation .
Whereas Regulation (EEC) No 2806/71 (') lays down
additional rules for granting export refunds for certain
                                                                                       Article 2
products processed from cereals and rice ;
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 :           1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 26 March 1975.
                                                                           For the Commission
                                                                             P.J. LARDINOIS
                                                                      Member of the Commission
(') OJ No L 284, 28 . 12. 1971 , p. 9.
 ---pagebreak--- No L 78/34                                Official Journal of the European Communities                                27. 3 . 75
                                                               ANNEX
         Number                                                                                                       Refund in
     in nomenclature                                    Nomenclature in simplified wording                           u.a. / 100 kg
     used for refunds                                                                                             (third countries)
11.01 C ( I)                Barley flour, of an ash content, referred to dry matter, not exceeding 0.9 °/o by           2-547
                            weight and of a crude fibre content, referred to dry matter, not exceeding
                            0.9 °/o weight
11.01 C (II )               Barley flour not included under No 11.01 C (I)                                              1.854
11.01 D ( I )               Oat flour, of an ash content, referred to dry matter, not exceeding 2.3 °/o by              3.132
                            weight, of a crude fibre content, referred to dry matter, not exceeding 1.8 %> by
                            weight, of a moisture content not exceeding 11 °/o and of which the peroxydase
                            is virtually inactivated
11.01 D ( II)               Oat flour not included under No 11.01 D (I )                                                2.282
11.01 E (I)                 Maize flour, of a fat content, referred to dry matter, not exceeding 1.3 °/o by             3.609
                            weight and of a crude fibre content, referred to dry matter, not exceeding
                            0.8 °/o by weight
11.01 E ( 11)               Maize flour, of a fat content, referred to dry matter, exceeding 1.3 °/o but not            3.506
                            exceeding 1.7 °/o by weight and of a crude fibre content, referred to dry matter,
                            not exceeding 1 °/o by weight
11.01 E ( III )              Maize flour not included under No 11.01 E (I ) and (II)                                    2.552
11.01 F                      Rice flour                                                                                      0
11.01 H                      Millet flour                                                                                    0
11.02 A III ( a)             Barley groats and meal, of an ash content, referred to dry matter, not exceeding            2-545
                             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)                                1-854
 11.02 A IV (a)              Oat groats and meal, of an ash content, referred to dry matter, not exceeding               3.132
                             2.3 °/o by weight, of a tegument content not exceeding 0.1 %, of a moisture
                             content not exceeding 11 °/o 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)                                    2-282
 VI .02 A V ( a)              Maize groats and meal, of a fat content, referred to dry matter, not exceeding             3-609
                             0.9 % by weight and a crude fibre content, referred to dry matter, not exceeding
                             0.6 % by weight (*)
 11.02 A V ( b )             Maize groats and meal, of a fat content, referred to dry matter, not exceeding              4-125
                             1.3 °/o by weight and of a crude fibre content, referred to dry matter, not
                             exceeding 0.8 °/o by weight (*)
 11.02 A V (c)               Maize groats and meal, of a fat content, referred to dry matter, exceeding                  3.094
                              1.3 °/o by weight but not exceeding 1.7 °/o by weight and of a crude fibre content,
                             referred to dry matter, not exceeding 1.0 °/o weight (*)
 11.02 A VI                  Rice groats and meal                                                                            0
 11.02 B I a) 1 ( aa )       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not           2-545
                             exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                             not exceeding 0.9 °/o by weight (2)
  11.02 B I a) 1 (bb )       Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (*)              1-854
  11.02 B I a) 2 ( aa)       Clipped oats                                                                                 2-125
 11.02 B I a) 2 bb ) ( 11 )   Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not             3.132
                              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 (2)
  11.02 B I a) 2 bb ) ( 22    Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11) (*)         2-282
 ---pagebreak--- 27. 3 . 75                          Official Journal of the European Communities                            No L 78 /35
        Number                                                                                                Refund in
    in nomenclature                               Nomenclature in simplified wording                         u.a. /100 kg
    used for refunds                                                                                      (third countries)
11.02 B I b) 1 (aa)   Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not       2.545
                      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 11.02 B I b) 1 (aa)            1.854
                      ('Grütze' or 'Grutten') (2)
11.02 Bib) 2 (aa)     Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not         3.132
                      exceeding 2.3 % weight, of a tegument content not exceeding 0.1 %, of a moisture
                      content not exceeding 11 %> 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)             2.282
                      ('Grütze' or 'Grutten') (2)
11.02 B II a) ( 1 )   Hulled (shelled or husked) wheat, not sliced or kibbled (2)                               3.661
11.02 C III (a)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by         2-545
                      weight (without talc) — 1st category (3)
11.02 C III (b)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 %> by          2.909
                      weight (without talc) — 2nd category (3)
11.02 C IV            Pearled oats (3)                                                                          2.282
11.02 D II            Rye not otherwise worked than kibbled                                                     4-643
11.02 E I b) 1 ( aa)  Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by              2-545
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0.9 °/o by weight
11.02 E lb) 1 (bb)    Flaked barley not included under 11.02 E I b) 1 (aa )                                     1-854
11.02 E I b ) 2 (aa)  Flaked oats, of an ash content, referred to dry matter, not exceeding 2.3 % by            3.132
                      weight, of a tegument content not exceeding 0.1 %>, 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 % by            3.579
                      weight, of a tegument content exceeding 0.1 °/o but not exceeding 1.5 °/o, of a
                      moisture content not exceeding 12 °/o 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)            2-282
ex 11.02 E lie) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0.9 % by            3-609
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0.7 °/o by weight
ex 11.02 E II c) (2)  Flaked maize, of a fat content, referred to dry matter, not exceeding 1.3 °/o by          3-351
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0.8 °/o by weight
ex 11.02 E II c) (3 ) Flaked maize, of a fat content, referred to dry matter, exceeding 1.3 %> but not          2-836
                      exceeding 1.7 % by weight and of a crude fibre content, referred to dry matter,
                      not exceeding 1 °/o weight
11.02 E II e) 1       Flaked rice                                                                                  0
11.02 F III           Barley pellets                                                                            1.854
11.02 F IV            Oat pellets                                                                               2.282
11.02 F V             Maize pellets                                                                             2.630
11.02 G I             Wheat germ, whole, rolled, flaked or ground                                               0-897
11.02 G II            Germ of cereals other than wheat, whole, rolled, flaked or ground                         0.645
11.07 A I a)          Unroasted malt, obtained from wheat, in the form of flour                                 0.800
 ---pagebreak--- No L 78 /36                               Official Journal of the European Communities                                           27. 3 . 75
         Number                                                                                                                  Refund in
     in nomenclature                                       Nomenclature in simplified wording
     used for refunds
                                                                                                                                u.a./100 kg
                                                                                                                             (third countries)
11.07 A lb)                  Unroasted malt, obtained from wheat, other than in the form of flour                                  0.800
11.07 A II a )               Unroasted malt, other than that obtained from wheat, in the form of flour                             0.800
11.07 A II b )               Unroasted malt, other than that obtained from wheat, other than in the form                           0.800
                             of flour
11.07 B                      Roasted malt                                                                                          0.800
11.08 A I                    Maize starch                                                                                          1-647
11.08 A III                  Wheat starch                                                                                          1-120
11.08 A IV                   Potato starch                                                                                         1-647
11.08 A V                    Starches other than maize, rice, wheat, or potato starch                                              1-647
11.09 A                      Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                       2.036
                             82 % by weight (N X 6.25 )
17.02 B II a )                Glucose other than glucose containing, in the dry state, 99 °/o or more by weight                    2-148
                              of the pure product, in the form of white crystalline powder, whether or not
                             agglomerated (4)
17.02 B II b )                Glucose and glucose syrup not containing, in the dry state, 99 % or more by                          1.647
                             weight of the pure product, other than glucose in the form of white crystalline
                             powder, whether or not agglomerated (4)
17.05 B I                     Flavoured or coloured glucose, in the form of white crystalline powder, whether                      2-148
                             or not agglomerated
17.05 B II                    Flavoured or coloured glucose and glucose syrup, other than in the form of                            1.647
                             white crystalline powder, whether or not agglomerated
23.02 A I a)                  Brans, sharps and other residues derived from the sifting, milling or working of                     0.638
                             maize or rice of a starch content not exceeding 35 °/o by weight
23.02 A I b ) 1               Brans, sharps and other residues derived from the sifting, milling or working of                     0-638
                              maize or rice, of a starch content exceeding 35 %> but not exceeding 45 % by
                             weight, and having undergone a denaturing process
23.02 A I b ) 2               Brans, sharps and other residues derived from the sifting, milling or working of                     0-638
                              maize or rice, of a starch content exceeding 35 °/o by weight, and not having
                              undergone 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                        0.638
                              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 %> 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 II b )                Brans, sharps and other residues derived from the sifting, milling or working of                     0-638
                              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                           2-046
                              steeping liquors), of a protein content, calculated on dry matter, not exceeding
                              63 % by weight (N X 6.25)
                          i
(') 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 ISO microns.
(') 'Hulled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821 /68 ( OJ No L 149, 29. 6. 1968,
    p. 46).
(■) 'Pearled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821 /68 (OJ No L 149, 29. 6. 1968 ,
    p. 46).
(') Pursuant to Regulation No 189/66/EEC the product falling within subheading 17.02 B I enjoys the same export refund as the product falling
    within subheading 17.02 B II .