CELEX: 31982R1005
Language: en
Date: 1982-05-01 00:00:00
Title: Commission Regulation (EEC) No 1005/82 of 30 April 1982 fixing the export refunds on products processed from cereals and rice

1 . 5. 82                              Official Journal of the European Communities                            No L 118/ 13
                                  COMMISSION REGULATION (EEC) No 1005/82
                                                        of 30 April 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 (7), as last amended by Regulation (EEC) No
-Economic Community,                                                1783/81 (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 3808/81 (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
                                                                   2764/71 (10), provide that the amount of the export
 subparagraph of Article 17 (2) thereof,                           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 0, 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
 on the Community market on the one hand and                       may vary with the nature and quality of the main
                                                                   products being manufactured ; whereas cumulation of
 prices for cereals, rice, broken rice and cereal products
 on the world market on the other ; whereas the same               the refunds on the various products manufactured by a
 Articles provide that it is also important to ensure              single process from the same basic product may make
 equilibrium and the natural development of prices and             it possible, in certain cases, to export to third countries
 trade on the markets in cereals and rice and, further­            at prices which are lower than world market prices ;
 more, to take into account the economic aspect of the             whereas the refund on certain products should there­
 proposed exports, and the need to avoid disturbances              fore be limited to an amount which, while allowing
                                                                   access to the world market, will ensure that the aims of
 on the Community market ;
                                                                   the common          organization      of  the markets   are
                                                                   respected ;
 (') OJ No L 281 , 1 . 11 . 1975, p. 1 .
 (2) OJ No L 382, 31 . 12. 1981 , p. 37.
 (3) OJ No L 166, 25. 6. 1976, p. 1 .                              0 OJ     No L 281 , 1 . 11 . 1975, p. 65.
 (<) OJ No L 291 , 19. 11 . 1979, p. 17.                           (8) OJ   No L 176, 1 . 7. 1981 , p. 10 .
 0 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.                              (,0) OJ  No  L 283, 24. 12. 1971 , p. 30,
 ---pagebreak---   No L 118 / 14                      Official Journal of the European Communities                                1 . 5 . 82
  Whereas the refund to be granted in respect of certain              a band of 2-25 % , a rate of exchange based on
  processed products should be graduated on the basis of              their central rate,
  the ash, crude fibre, tegument, protein, fat and starch       — for other currencies, an exchange rate based on the
  content of the individual product concerned, this
                                                                      arithmetic mean of the spot market rates of each of
  content being a particularly good indicator of the
  quantity of basic product actually incorporated in the
                                                                      these currencies recorded for a given period in
                                                                      relation to the Community currencies referred to
  processed product ;                                                 in the previous indent ;
 Whereas there is no need at present to fix an export
  refund for manioc, other tropical roots and tubers or        Whereas the refund must be fixed once a month ;
  flours obtained therefrom, given the economic aspect         whereas it may be altered in the intervening period ;
  of potential exports and in particular the nature and
 origin of these products ; whereas, for certain products      Whereas the measures provided for in this Regulation
 processed from cereals, the insignificance of Commu­          are in accordance with the opinion of the Management
 nity participation in world trade makes it unnecessary        Committee for Cereals,
 to fix an export refund at the present time ;
 Whereas the world market situation or the specific
 requirements of certain markets may make it necessary
 to vary the refund for certain products according to          HAS ADOPTED THIS REGULATION :
 destination ;
 Whereas Regulation (EEC) No 2806/71 (') lays down
 additional rules for granting export refunds for certain                                 Article 1
 products processed from cereals and rice ;
                                                               The export refunds on the products listed in Article 1
 Whereas the Commission has decided to grant a                 (d) of Regulation (EEC) No 2727/75 and in Article 1
 special refund for the export to Poland of a maximum          ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
 of 3 000 tonnes of oat flakes and made such grant             Regulation (EEC) No 2744/75 are hereby fixed as
 subject to compliance with specific requirements laid         shown in the Annex to this Regulation.
 down in Regulation (EEC) No 1 688/8 1 (2) ;
 Whereas, if the refund system is to operate normally,
 refunds should be calculated on the following basis :                                    Article 2
 — in the case of currencies which are maintained in
      relation to each other at any given moment within        This Regulation shall enter into force on 1 May 1982.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 30 April 1982.
                                                                            For the Commission
                                                                              Poul DALSAGER
                                                                       Member of the Commission
(') OJ No L 284, 28. 12. 1971 , p. 9.
(2) OJ No L 169, 26. 6. 1981 , p. 22.
 ---pagebreak--- 1 . 5. 82                               Official Journal of the European Communities                                No L 118 / 15
                                                                ANNEX
                 to the Commission Regulation of 30 April 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            89-79
                              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,       86-76
                              of a crude fibre content, referred to dry matter, not exceeding 1-8 % by weight, of a
                              moisture content not exceeding 11 % and of which the peroxydase is virtually
                              inactivated
    11.01 D (II)              Oat flour not included under No 11.01 D (I)                                                 —
    11.01 E (I)               Maize flour, of a fat content, referred to dry matter, not exceeding 1 -3 % by weight     122-37
                              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           92-78
                              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 %        86-76
                              by weight, of a tegument content not exceeding 0-1 % , of a moisture content not
                              exceeding 11 % and of which the peroxydase is virtually inactivated
    1 1.02 A IV (b)           Oat groats and meal not included under No 1 1.02 A IV (a)                                   —
    11.02 A V (a)             Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0-9 %      157-34
                            . 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 %     122-37
                              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       104-89
                              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          89-79
                              exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0-9 % by weight (2)
    1 1.02 B I a) 1 (bb)      Hulled (shelled or husked) barley not included under No 1 1 .02 B I a) 1 (aa) (2)           —
    1 1.02 B I a) 2 (aa)      Clipped oats                                                                                —
 ---pagebreak---  No L 118 / 16                             Official Journal of the European Communities                                   1 . 5. 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         77-12
                                 exceeding 2-3 % by weight, of tegument content not exceeding 0-5 % of a
                                 moisture content not exceeding 11 % and of which the peroxydase is virtually
                                 inactivated (2)
     1 1.02 B I a) 2 bb) (22)    Hulled (shelled or husked) oats, not included under No 1 1.02 B I a) 2 bb) (1 1 ) (2)    —
     11.02 B I b) 1 (aa)         Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not     89-79
                                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 I b) 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       81-94
                                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 )        Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not       131-12
                                exceeding 0-9 % by weight and of a crude fibre content, referred to dry matter, not
                                exceeding 0-6 % by weight ('gruetze' or 'grutten') (2)
    1 1.02 C III (a)            Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by        119-72
                                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          95-78
                                weight (without talc) — 2nd category (3)
    11.02 C IV                  Pearled oats (3)                                                                          —
    11.02 D I                   Wheat not otherwise worked than kibbled                                                   —
    11.02 D II                  Rye not otherwise worked than kibbled                                                   35-00
    11.02 E I b) 1 (aa)         Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by           89-79
                                weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by
                                weight
    1 1.02 E I b) 1 (bb)        Flaked barley not included under 1 1 .02 E I b) 1 (aa)                                    —
   1 1.02 E I b) 2 (aa)         Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by          96-40
                                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           77-12
                                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 1 1.02 E II c) ( 1 )         Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by         139-86
                                weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 % by
                                weight
 ---pagebreak--- 1 . 5 . 82                        Official Journal of the European Communities                               No L 118 / 17
                                                                                                                (ECU/tonne)
            Number
       in nomenclature                             Nomenclature in simplified wording                            Refund
       used for refunds
ex 1 1.02 E II c) (2)    Flaked maize, of a fat content, referred to dry matter, not exceeding 1 -3 % by         113-63
                        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                                                                                —
    1 1.02 F III        Barley pellets                                                                             —
    1 1.02 F IV         Oat pellets                                                                                —
    1 1.02 F V          Maize pellets                                                                              —
    1 1.02 G I          Wheat germ, whole, rolled, flaked or ground                                               17-09
    1 1.02 G II         Germ of cereals other than wheat, whole, rolled, flaked or ground                         21-85
    1 1.07 A I a)       Unroasted malt, obtained from wheat, in the form of flour                               121-65
    1 1 .07 A II a)     Unroasted malt, other than that obtained from wheat, in the form of flour               106-55
    11.08 AI            Maize starch (*)                                                                        112-99
    11.08 All           Rice starch (*)                                                                           17-12
    11.08 AIII          Wheat starch (*)                                                                          96-07
    11.08 AIV           Potato starch (6)                                                                       112-99
    11.08 AV            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       117-04
                        by weight (N x 6-25)
                                                                                                                147-38
    17.02 B II a)       Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %
                        or more by weight of the pure product, in the form of white crystalline powder,
                        whether or not agglomerated (4)
    17.02 B II b)       Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­        112-99
                        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         154-40
                        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         107-38
                        dry matter, other than in the form of powder
    21.07 F II          Flavoured or coloured glucose syrup, and malto-dextrine syrup                           112-99
    23.02 A I a)        Brans sharps and other residues derived from the sifting, milling or working of           17-25
                        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          17-25
                        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          17-25
                        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          17-25
                        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                56-14
                        steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                        by weight (N x 6-25)
 ---pagebreak--- No L 118 / 18                           Official Journal of the European Communities                                     1 . 5. 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 1 50 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.
(6) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by
    weight.