CELEX: 31982R3201
Language: en
Date: 1982-12-01 00:00:00
Title: Commission Regulation (EEC) No 3201/82 of 29 November 1982 fixing the export refunds on products processed from cereals and rice

1 . 12. 82                                Official Journal of the European Communities                            No L 339/9
                                    COMMISSION REGULATION (EEC) No 3201 /82
                                                      of 29 November 1982
                    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 Q, as last amended by Regulation (EEC) No
Economic Community,                                                 1459/82 (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 1451 /82 (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 the Act of          2744/75 and Article 1 of Regulation (EEC) No
Accession of    Greece (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 (6) 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
                                                                    processed products may vary according to the end use
fixing the amount of such refunds, provide that when                of the product ; whereas, depending on the manufac­
refunds are being fixed account must be taken of the
                                                                    turing process used, products other than the main
existing situation and the future trend with regard to              product are obtained, the quantity and value of which
prices and availabilities of cereals, rice and broken rice          may vary with the nature and quality of the main
on the Community market on the one hand and
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 ;
                                                                    whereas the refund on certain products should there­
more, to take into account the economic aspect of the
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 ;
O   OJ  No L  281 ,  1 . 11 . 1975, p . 1 .
(2) OJ  No L  164,   14. 6 . 1982, 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  291 ,  19 . 11 . 1979, p. 17.                         0 OJ    No  L 164, 14. 6 . 1982, p . 22.
O   OJ  No L  281 ,  1 . 11 . 1975, p. 78 .                         0 OJ    No  L 181 , 27. 7. 1968 , p. 1 .
(6) OJ No L 166, 25 . 6 . 1976, p. 36.                              (10) OJ No   L 283, 24. 12. 1971 , p. 30,
 ---pagebreak--- No L 339/ 10                         Official Journal of the European Communities                               1 . 12. 82
Whereas the refund to be granted in respect of certain         — for other currencies, an exchange rate based on the
processed products should be graduated on the basis of                arithmetic mean of the spot market rates of each of
the ash, crude fibre, tegument, protein, fat and starch               these currencies recorded for a given period in
content of the individual product concerned, this                     relation to the Community currencies referred to
content being a particularly good indicator of the                    in the previous indent ;
quantity of basic product actually incorporated in the
processed product ;                                            Whereas the refund must be fixed once a month ;
                                                               whereas it may be altered in the intervening period ;
Whereas there is no need at present to fix an export
refund for manioc, other tropical roots and tubers or          Whereas the measures provided for in this Regulation
flours obtained therefrom, given the economic aspect           are in accordance with the opinion of the Management
of potential exports and in particular the nature and          Committee for Cereals,
origin of these products ; whereas, for certain products
processed from cereals, the insignificance of Commu­
nity participation in world trade makes it unnecessary
to fix an export refund at the present time ;                  HAS ADOPTED THIS REGULATION :
Whereas the world market situation or the specific
requirements of certain markets may make it necessary
to vary the refund for certain products according to                                     Article 1
destination ;
Whereas Regulation (EEC) No 2806/71 (') lays down
                                                               The export refunds on the products listed in Article 1
additional rules for granting export refunds for certain
                                                               (d) of Regulation (EEC) No 2727US and in Article 1
products processed from cereals and rice ;                     ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
                                                               Regulation (EEC) No 2744/75 are hereby fixed as
                                                               shown in the Annex to this Regulation.
Whereas, if the refund system is to operate normally,
refunds should be calculated on the following basis :
— in the case of currencies which are maintained in                                      Article 2
     relation to each other at any given moment within
     a band of 2-25 % , a rate of exchange based on            This Regulation shall enter into force on 1 December
     their central rate,                                       1982.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 29 November 1982.
                                                                            For the Commission
                                                                              Poul DALSAGER
                                                                        Member of the Commission
 (') OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- 1 . 12. 82                           Official Journal of the European Communities                                  No L 339/ 11
                                                              ANNEX
                 to the Commission Regulation of 29 November 1982 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            142-43
                            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,       114-16
                            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       146-71
                            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
     11.02 A III (a)        Barley groats and meal, of an ash content, referred to dry matter, not exceeding           147-17
                             1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                            0-9 % by weight
     11.02 A III (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 %        114-16
                            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
     11.02 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 %       188-62
                            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 1 -3 %      146-71
                            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       125-75
                            weight but not exceeding 1-7 % by weight and of a crude fibre content, referred to
                             dry matter, not exceeding 1 % by weight (')
     11.02 AVI               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          142-43
                             exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                          I  exceeding 0-9 % by weight (2)
      11.02 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) I Clipped oats
 ---pagebreak--- No L 339/ 12                            Official Journal of the European Communities                                  1 . 12. 82
                                                                                                                     (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         101-47
                              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) ( 11 ) (2)
   11.02 B I b)l (aa)         Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not     142-43
                              exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0-9 % by weight ('Griitze' or 'Grutten') (2)
   11.02 B I b) 1 (bb)        Hulled and sliced or kibbled barley, not included under No 1 1.02 B I b) 1 (aa)
                              ('Griitze' 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       107-81
                              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 ('Griitze' 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)
                              ('Griitze' 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)(l )         Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not        157-19
                              exceeding 0-9 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0-6 % by weight fgruetze' or 'grutten') (2)
   1 1.02 C III (a)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by         189-90
                              weight (without talc) — 1st category (3)
   1 1.02 C III (b)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by         151-92
                              weight (without talc) — 2nd category (3)
   11.02 CIV                  Pearled oats (3)
    11.02 D I                 Wheat not otherwise worked than kibbled
    11.02 D II                 Rye not otherwise worked than kibbled                                                     50-00
    1 1 .02 E I b) 1 (aa)      Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by         142-43
                              weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by
                               weight
    11.02 E I b)l (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          126-84
                               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          101-47
                               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)
ex 11.02 E II c )( l )         Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by       ' 167-66
                               weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 % by
                               weight
 ---pagebreak--- 1 . 12. 82                       Official Journal of the European Communities                               No L 339/ 13
                                                                                                               (ECU/tonne)
           Number
       in nomenclature                             Nomenclature in simplified wording                           Refund
       used for refunds
ex 11.02 E lie) (2)     Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 % by          136-23
                        weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by
                        weight
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
    11.02 Fill          Barley pellets
    1 1.02 F IV         Oat pellets
    11.02 F V           Maize pellets
    11.02 G I           Wheat germ, whole, rolled, flaked or ground                                               20-67
    1 1.02 G II         Germ of cereals other than wheat, whole, rolled, flaked or ground                         26-20
    1 1 .07 A I a)      Unroasted malt, obtained from wheat, in the form of flour                               147-19
    11.07 A II a)       Unroasted malt, other than that obtained from wheat, in the form of flour               169-01
    11.08 A I           Maize starch (*)                                                                        138-75
    11.08 All           Rice starch (*)                                                                           37-57
    11.08 A III         Wheat starch Q                                                                          123-31
    11.08 A IV          Potato starch (6)                                                                       138-75
    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       1 50-20
                        by weight (N x 6-25)
    17.02 B II a)       Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %      180-98
                        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        138-75
                        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         138-75
                        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         138-75
                        dry matter, other than in the form of powder
    21.07 F II          Flavoured or coloured glucose syrup, and malto-dextrine syrup                           138-75
    23.02 A I a)        Brans sharps and other residues derived from the sifting, milling or working of           22-58
                        maize or rice of a starch content not exceeding 35 % by weight
    23.02 A lb) 2       Brans, sharps and other residues derived from the sifting, milling or working of          22-58
                        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          22-58
                        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          22-58
                        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                68-94
                        steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                        by weight (N x 6 25)
 ---pagebreak--- No L 339/ 14                            Official Journal of the European Communities                                    1 . 12. 82
(') 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.
Is) The export refund is granted on products falling within this subheading which have a starch content of not less than 85 % by
    weight.
(6) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by
    weight.