CELEX: 31971R1528
Language: en
Date: 1971-07-12 00:00:00
Title: Regulation (EEC) No 1528/71 of the Council of 12 July 1971 amending Regulations No 120/67/EEC and No 359/67/EEC on the common organisation of the markets in cereals and in rice respectively

522                                   Official Journal of the European Communities
20.7.71                               Official Journal of the European Communities                              No L 162/ 1
                                   REGULATION (EEC) No 1528/71 OF THE COUNCIL
                                                        of 12 July 1971
              amending Regulations No 120/67/EEC and No 359/67/EEC on the common
                               organisation of the markets in cereals and in rice respectively
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas the amendments mentioned above also
                                                                     entail an amendment of the Common Customs Tariff
Having regard to the Treaty establishing the                         annexed to Council Regulation (EEC) No 950/685 of
European Economic Community, and in particular                       28 June 1968 on the Common Customs Tariff, as last
Article 43 thereof;                                                  amended by Regulation (EEC) No 1 /71 6 ;
Having regard to the proposal from the Commission ;                 Whereas in accordance with Article 4 of Regulation
                                                                    No 120/67/EEC a single intervention price is fixed
                                                                     for maize when the quantities of indigenous maize
Having regard to the Opinion of the European                         marketed after a normal harvest are less than 45% of
Parliament;
                                                                    the amount consumed within the Community;
                                                                    whereas experience has shown that it is not necessary
Whereas Council Regulation No 120/67/EEC1 of 13                     to fix derived intervention prices for maize, even if
June 1967 on the common organisation of the market                  the . quantities consumed exceed that percentage;
in cereals, as last amended by Regulation (EEC) No                  whereas this system should in consequence be
2434/702 contains linguistic discrepancies in the                    continued without restrictions provided there is no
description of certain products ; whereas the wider                  disturbance of the market;
definitions contained in the German and Dutch texts
have resulted in higher export refunds being granted                Whereas, in accordance with Article 32 (3 ) of
for certain products ; whereas the German and Dutch                  Regulation No 120/67/EEC, it was permissible to
texts of this Regulation should therefore be amended                equate derived intervention prices for durum wheat,
and the nomenclature of products falling within tariff            . valid at secondary marketing centres, with the lowest
sub-heading 11.02 B should therefore also be                        intervention prices ; -whereas this system, established
amended ; whereas, moreover, the same alteration                     as a transitional measure and applied by the Member
should be made to the Dutch text of Council                         State whose production is largest in the Community,
Regulation 359/67/EEC3 of 25 July 1967 of the                       has given complete satisfaction ; whereas therefore, it
common organisation of the market in rice, as last                  should be made definitive and extended to all
amended by Regulation (EEC) No 2434/704 ;                            marketing centres in Member States producing
                                                                     significant quantities of durum wheat;
Whereas      certain   difficulties    have     arisen     in
distinguishing rolled grains from flaked grains ;                   Whereas Article 16 of Regulation . No 120/67/EEC
whereas, in order to remedy this, these products                     makes proyision for granting export refunds on
should be regrouped             under    a   single    tariff       products listed in Article 1 of that Regulation in the
sub-heading;                                                        form of foods set out in Annex B thereto ; whereas, to
                                                                     allow the export of such products in the form of other
Whereas, to facilitate the application of the Common                goods , it is necessary to supplement that Annex;
Customs Tariff, it has been found appropriate to                    whereas, moreover, for reasons of clarity Annex B to
classify pellets of products of the milling industry                 Regulation 120/67/EEC as amended should be
within tariff heading No 11.02 ;                                    reproduced in full ; whereas, for the same reasons, the
                                                                    wording of the nomenclature of products falling
                                                                    within tariff heading No 23.07 should be amended;
1 OJ No 117, 19.6.1967, p.2269/67.
2 OJ No L 262 , 3.12.1970 , p. 1 .
3 OJ No 174 , 31.7.1967, p. 1 .                                     5 OJ No L 172, 22.7.1968 , p. 1 .
4 OJ No L 262 , 3.12.1970 , p. 1 .                                  6 OJ No L 1 , 1.1.1971 , p. 1 .
 ---pagebreak---                                           Official Journal of the European Communities                                         523
HAS ADOPTED THIS REGULATION :                                        2. The following shall be substituted for the
                                                                          description of goods falling within tariff heading
                           Article 1                                      23.07 :    ,
                                                                          ' CCT
Regulation 120/67/EEC shall be amended as follows :                        heading                   Description of goods
                                                                              No
( a) in Article 1 (c) and Article 11 ( 1 ) c of the                           23.07      Sweetened forage ; other preparations of
      German text, the words 'Grobgrief? und                                             a kind used in animal feeding ;
      Feingriel?' shall be substituted for the words                                     ex B. other, containing starch, glucose ,or
      'Griitze und Griefi';                                                                    glucose syrup falling within sub­
                                                                                               headings 17.02 B and 17.05 B, or
(b) in Article 1 (c) and Article 11 ( 1 ) (c) of the                                           milk products (falling within head­
                                                                                               ings or sub-headings 04.01 , 04.02,
      Dutch text, the words 'gries en griesmeel' shall be                                      04.03 , 04.04, 17.02 A or 17.05 A),
      substituted for the words 'grutten, gries en                                             excluding other preparations and
      griesmeel'.                                                                              foods containing 50% or more by
                                                                                               weight of milk products falling
                                                                                               within one or more of the above
                           Article 2                                                           headings or sub-headings
Regulation No 359/67/EEC shall be amended as                                                    Article 4
follows :
                                                                     Article 4 of Regulation No 120/67/EEC shall be
 ( a) in Article 1 ( c) of the Dutch text, the words 'gries          amended as follows :
      en griesmeel' shall be substituted for the words
      'grutten, gries en griesmeel';                                 ( a) The following shall be substituted for the text of
                                                                            paragraph 2 :
(b ) in Article 1 (c), the reference to tariff sub-heading
      ' 11.02 E VI' shall become ' 11.01 E II (e) 1 '.                      'By way of derogation from paragraph 1 , a single
                                                                            intervention price shall be fixed for maize and a
                                                                            single derived intervention price for durum
                           Article 3                                        wheat. These prices shall be valid at all
                                                                             marketing centres for these cereals, with the
Annex A to Regulation No 120/67/EEC shall be                                exception of Duisburg for durum wheat,
amended as follows :                                                        provided that the quantities of indigenous 'maize
                                                                            and durum wheat marketed at the time of a
1 . The following shall be substituted for the                              normal harvest are less than the quantities
     descriptions of goods falling within tariff                            consumed within the Community. For maize this
     sub-heading 11.02 :                                                    price shall correspond to the lowest derived
                                                                            intervention price fixed in the Community where
       CCT
                                                                            paragraph 1 is applied. For durum wheat, this
     heading                     Description of goods                       price shall be equal to the lowest price resulting
        No
                                                                            from the application of paragraph 1 .'.
    ex 11.02       Cereal groats and cereal meal ; other             (b) The following shall be substituted for the text of
                   worked cereal grains (for example, rolled,
                   flaked, polished, pearled or kibbled, but                paragraph 4 ( a):
                   not further prepared), except husked,
                   glazed, polished, or broken rice ; germ                  'in respect of each Member State and each cereal
                   of cereals, whole, rolled, flaked or ground :            produced in significant quantity in that Member
                   ex A. Cereal groats and cereal meal other                State, except for maize and for durum wheat
                          than groats and meal of wheat and                 when the provisions of paragraph 2 are applied,
                          of rice
                                                                            the marketing centre to which the lowest derived
                       B. Hulled grains (shelled or husked)
                          whether or not sliced or kibbled                  intervention price applied and the price in
                       C. Pearled grains                                    question.'
                       D. Grains not otherwise worked than
                          kibbled                                    (c) The following shall be substituted for the text of
                   ex E. Rolled grains ; flakes other than rice             paragraph 4 (c):
                          flakes
                       F. Pellets                                            'The intervention price for maize and the derived
                       G. Germ of cereals , whole, rolled ,                 intervention price for durum wheat referred to in
                          flaked or ground                                  paragraph 2 where the provisions of that
                                                                            paragraph are applied.'
 ---pagebreak--- 524                                Official Journal of the European Communities
                       Article S                                  note to Chapter 11 of the Common Customs
                                                                  Tariff.
Annex I to this Regulation shall be substituted for
Annex B to Regulation No 120/67/EEC.                          2 . The nomenclature of products falling within tariff
                                                                  heading No 11.02 shall be as shown in Annex III
                                                                  to this Regulation.
                       Article 6
                                                                                      Article 7
Regulation (EEC) No 950/68 shall be amended as
follows :
                                                              This Regulation shall enter into force on the third
                                                              day following its publication in the Official Journal
1 . The additional notes given in Annex II to this            of the European Communities. It shall apply from
    Regulation shall be substituted for the additional        1 August 1971 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 12 July 1971 .
                                                                                    For the Council
                                                                                      The President
                                                                                       M. PEDINI
 ---pagebreak---            Official Journal of the European Communities                                  525
                                   ANNEX 1
     CCT
   heading                                    Description of goods
      No
   17.02        Other sugars ; sugar syrups ; artificial honey (whether or not mixed
                with natural honey); caramel ;
                B. Glucose and glucose syrup :
                    I. Containing, in the dry state, 99% or more by weight òf the pure
                         product
  17.04         Sugar confectionery , not containing cocoa :
                B. Chewing gum
                C. White chocolate
                D. Other
ex 18.06 C      Chocolate and chocolate goods, whether or not filled ; sugar confec­
                tionery and substitutes therefor, made from sugar substitution prod­
                ucts , containing cocoa
   19.01        Malt extract
   19.02        Preparations of flour, starch or malt extract, of a kind used as infant
                food or for dietetic or culinary purposes, containing less than 50%
                by weight of cocoa
   19.03        Macaroni, spaghetti and similar products
   19.04        Tapioca and sago ; tapioca and sago substitutes obtained from potato
                or other starches
    19.05       Prepared foods obtained by the swelling or roasting of cereals or cereal
                products (puffed rice, corn flakes and similar products)
    19.06       Communion wafers, empty cachets of a kind suitable for pharma­
                ceutical use, sealing wafers, rice paper and similar products
    19.07       Bread, ship's biscuits and other ordinary bakers' wares, not containing
                added sugar, honey, eggs, fats, cheese or fruit
    19.08
               •Pastry, biscuits, cakes and other fine bakers' wares, whether or not
                containing cocoa in any proportion
   21.01        Roasted chicory and other roasted coffee substitutes ; extracts, es­
                sences and concentrates thereof :
                A. Roasted chicory and other roasted coffee substitutes :
                     II . Other (than roasted chicory)
                 B. Extracts , essences and concentrates of the products described
                     under sub-heading A :
                     II . Other ( than extracts of roasted chicory)
ex 21.05        Soups and broths in liquid, solid or powder form
    21.07       Food preparations not elsewhere specified or included
    22.03       Beer made from malt
 ---pagebreak--- 526         Official Journal of the European Communities
     CCT
    heading                                 Description of goods
      No
    29.04       Acyclic alcohols and their halogenated, sulphonated, nitrated and
                nitrosated derivatives :
                C. Polyhydric alcohols :
                    III. Sorbitol
    29.10       Acetáis and hemiacetals and single or complex oxygen-function
                acetals and hemiacetals, and their halogenated, sulphonated, ni­
                trated or nitrosated derivatives :
                ex B. Other
                        —' Methylglucosides
    29.14       Monoacids and their anhydrides , acid halides, acid peroxides and
                peracids, and their halogenated, sulphonated, nitrated or nitrosated
                derivatives :
                ex A. Saturated acyclic monoacids
                        — Esters of sorbitol
                ex B. Unsaturated acyclic monoacids :
                        — Esters of sorbitol
    29.16       Alcohol-acids, aldehyde-acids, ketone-acids, phenol-acids and other
                single or complex oxygen-function acids, and their anhydrides, acid
                halides, acid peroxides and peracids, and their, halogenated, sul­
                phonated, nitrated or nitrosated derivatives
                A. Alcohol-acids
                    V. Gluconic acid , its salts and esters
                ex VIII . Other :
                        — Glyceric acid, glycolic acid, saccharonic acid, isosacchar­
                           onic acid, heptasaccharic acid, their salts and esters
    29.35       Heterocyclic compounds ; nucleic acids
                ex T. Other :
                        — Anhydric compounds of sorbitol (for example sorbitane)
                           excluding maltol and isomaltol
    29.43       Sugars, chemically pure, other than sucrose, glucose and lactose
                sugar ethers and sugar esters, and their salts, other than products
                of headings Nos 29.39, 29.41 and 29.42 :
                ex B. Other :
                        — Sorbose, its salts and esters
    35.05       Dextrins and dextrin glues ; soluble or roasted starches ; starch glues
    35.06       Prepared glues not elsewhere specified or included ; products suitable
                for use as glues, put up for sale by retail as glues in packages
                not exceeding a net weight of 1 kg .
                — with a base of sodium silicate emulsions
    38.12       Prepared glazings, prepared dressings and prepared mordants, of a
                kind used in the textile, paper, leather or like industries
                A. Prepared glazings and prepared dressings :
                    I. With a base of amylaceous substances
    38.19       Chemical products and preparations of the chemical or allied indus­
                tries (including those consisting of mixtures of natural products),
                not elsewhere specified or included ; residual products of the
                chemical or allied industries, not elsewhere specified òr included
                R. Foundry core binders based on synthetic resins
                Ex T. Other :
                         — Sorbitol cracking products
 ---pagebreak---           Official Journal of the European Communities                                 527
  CCT
heading                                   Description of goods
 < No
39.02         Polymerisation and copolymerisation products (for example, poly­
              ethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, poly­
              vinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other
              polyvinyl derivatives, polyacrylic and polymethacrylic derivatives,
              coumarone-indene resins) :
              ex C. Other :
                     — adhesives with a base of resin emulsions
39.06         Other high polymers, artificial resins and artificial plastic materials,
              including alginic acid, its salts and esters, linoxyn :
        /
              ex B. Other, excluding linoxyn
 ---pagebreak--- 528                                    Official Journal of the European Communities
                                                           ANNEX II
                                                        Additional notes
   1 . For the purpose of distinguishing between products falling within headings Nos 11.01 and 11.02 and
       those falling within sub-heading 23.02 A, products falling within headings Nos 11.01 and 11.02 shall be
       considered to be those having both :
       — starch content (determined by the modified Ewers polarimetric method) exceeding 45% by weight,
            referred to dry matter,                         .
       — ash content, by weight, referred to dry matter (after deduction of any added mineral matter) not
            exceeding 1.6% in respect of rice, 2.5% in respect of wheat and rye, 3% in respect of barley, 4% .
            in respect of buckwheat, 5% in respect of oats and 2% in respect of other cereals.
       Germ of cereals, whole, rolled, flaked or ground, falls in all cases within heading No 11.02.
   2. (a) Products from the milling of wheat, rye, oats, barley, rice and bucktvheat (other than flour of germ
             of cereal) falling within headings 11.01 and 11.02 in accordance with additional note 1 of this
             chapter shall be classified under No 11.01 when the rate of passage through a screen of silk gauze or
             of artificial or synthetic fibre fabric of 0-315 mm mesh is 80% or more by weight.
             Products shall however be classified under No 11.02 of the rate of passage through such a screen
             is less than 80% by weight.
       (b) Products from the milling of maize and sorghum (or 'milo.com') — other than flour of germ of cereal —
             falling within headings 11.01 and 11.02 in accordance with additional note 1 of this chapter shall
             be classified under No 11.01 when the rate of passage through a screen of silk gauze or of arti­
          > ficial or synthetic fibre of 0-5 mm mesh is 90% or more by weight. Products shall however be
             classified under No 11.02 if the rate of passage through such a screen is less than 90% by weight.
       ( c) Products from the milling of cereals covered by this chapter, in the form of cylinders, pellets etc.
             agglomerated either by pressure alone, or with the aid of a binder, in a proportion of up to 3% by
             weight, are to be classified within the sub-heading 11.02 F.
  3. For the purposes of sub-heading 11.02 A, 'groats and meal' means products obtained by fragmentation
       of cereal grains and meeting one of the following criteria :
       (a) maize products must pass through a screen of silk gauze or of artificial or synthetic fibre fabric of
            2 mm mesh in a proportion of fit least 95% by weight;
       (b) other cereal products must pass through a screen of silk gauze or of artificial or synthetic fibre
             fabric of 1-25 mm mesh in a proportion of at least 95% by weight.
 ---pagebreak---                               Official Journal of the European Communities                                   529
                                                             ANNEX III
           CCT
          heading                                                       Description of goods
            No
          11.02                     Cereal groats and cereal meal ; other worked cereal grains (for
                                    example, rolled, flaked, polished, pearled or kibbled, but not further
                                    prepared), except husked, glazed, polished or broken rice ; germ of
                                    cereals, whole , rolled, flaked or ground :
                                    A. Cereal groats and cereal meal :
                                              I. Wheat :
                                                   (a) Durum wheat
                                                   (b) Common wheat
                                             II . Rye
                                            III. Barley '
                                            IV . Oats
                                             V. Maize
                                                   (a) Of a fat content not exceeding 1-5% by weight :
                                                          1 . For the brewing industry a
                                                          2 . Other
                                                   ( b) Other
                                            VI . Rice
                                          VII. Buckwheat
                                         VIII . Millet
                                           IX. Grain sorghum
    >                                        X. Other
                                    B. Hulled grains (shelled or husked) whether or not sliced or kibbled :
                                          I. Barley, oats, buckwheat and millet :
                                              ( a) Hulled (shelled or husked) :
                                                      1 . Barley
                                                      2 . Oats
                                                           (aa) clipped oats
                                                           (bb) other
                                                     3 . Buckwheat
                                                      4. Millet
                                              ( b) Hulled and sliced or kibbled
                                                      (' Grutze' or 'grutten') :
                                                      l.|Barley
                                                      2 . Oats
                                                      3 . Buckwheat
                                                      4. Millet
                                         II . Other cereals :
                                              ( a) Wheat
                                               (b) Rye -
                                               ( c) Maize
                                               (d) Grain Sorghum
        %                                      ( e) Other
a Inclusion within this sub-heading is subject to conditions to be determined by the competent authorities*.
 ---pagebreak--- 530           Official Journal of the European Communities
       CCT
      heading                                   '   Description of goods
        No
     11.02        C. Pearled grains :
    (Cont'd)
                            I. Wheat'
                           II . Rye
                         III. Barley
                         IV . Oats
                           V. Maize
                         VI. Buckwheat
                       VII . Millet
                      VIII. Grain Sorghum
                         IX . Other
                   D. Grains not otherwise worked than kibbled :
                            I. Wheat
                           II. Rye
                          III . Barley      .
                         IV. Oats
                           V. Maize
                         VI. Buckwheat
                        VII . Millet
                       VIII. Grain Sorghum
                         IX . Other
                   E. Rolled grains ; flaked grains :
                        I. Barley, oats, buckwheat and millet :
                             ( a) Rolled :
                                   1 . Barley
                                   2. Oats
                                   3 . Buckwheat
                                   4. Millet
                             (b) Flaked :
                                   1 . Barley
                                   2 . Oats
                                   3 . Buckwheat
                                   4. Millet
                       II . Other cereals :
                              ( a) Wheat
                              ( b) Rye
                              ( c) Maize
                              (d) Grain sorghum
                              ( e) Other :
                                    1 . Flaked rice                      '
                                   2 . Other              ,
 ---pagebreak---           Official Journal of the European Communities              531
   CCT
  heading                              Description of goods
    No
 11.02         F. Pellets :
(Cont'd)               I. Wheat
                      II. Rye
                     III. Barley
                     IV . Oats
                      V. Maize
                     VI . Rice
                   VII . Buckwheat
                  VIII. Millet
                    -IX. Grain sorghum
                      X. Other
              G. Germ of cereals, whole, rolled, flaked or ground :
                   I. Wheat
                  II . Other