CELEX: 31986R0887
Language: en
Date: 1986-03-27 00:00:00
Title: Commission Regulation (EEC) No 887/86 of 26 March 1986 fixing the export refunds on products processed from cereals and rice

No L 82/ 14                                Official Journal of the European Communities                                 27 . 3 . 86
                                       COMMISSION REGULATION (EEC) No 887/86
                                                         of 26 March 1986
                        fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          system for products processed from cereals and from rice
                                                                     (6), as last amended by Regulation (EEC) No 1 027/84 Q,
                                                                     defines the specific criteria to be taken into account when
Having regard to the Treaty establishing the European                the refund on these products is being calculated ;
Economic Community,
Having regard to the Act of Accession of Spain and
Portugal,                                                            Whereas, on the basis of the criteria laid down in Regula­
                                                                     tion (EEC) No 2744/75, particular account should be
                                                                     taken of the prices and quantities of basic products used
Having regard to Council Regulation (EEC) No 2727/75                 to calculate the variable component of the levy ; whereas
of 29 October 1975 on the common organization of the                 Article 8 of Regulation (EEC) No 2744/75 and Article 1
market in cereals ('), as last amended by Regulation (EEC)           of Regulation (EEC) No 1077/68 (8), as amended by Regu­
No 3793/85 (2), and in particular the fourth subparagraph            lation (EEC) No 2764/71 (9), provide that the amount of
of Article 16 (2) thereof,                                           the export refund should, for certain products, be reduced
                                                                     by an amount equal to the production refund granted in
Having regard to Council Regulation (EEC) No 1418/76                 respect of the basic products ;
of 21 June 1976 on the common organization of the
market in rice (3), as last amended by Regulation (EEC)
No 3768/85, and in particular the fourth subparagraph of             Whereas it follows from applying these detailed rules to
Article 17 (2) thereof,                                              the present situation on the market in products processed
                                                                     from cereals and rice that the export refund should be
Having regard to the opinion of the Monetary Committee,              fixed at an amount which will cover the difference
                                                                     between Community prices and world market prices ;
Whereas Article 16 of Regulation (EEC) No 2727/75 and
Article 17 of Regulation (EEC) No 1418 /76 provide that
the difference between quotations or prices on the world             Whereas when the refund is being calculated account
market for the products listed in Article 1 of those Regu­           should be taken of the quantities of raw materials used to
lations and prices for those products within the Commu­               determine the variable component of the levy ; whereas
nity may be covered by an export refund ;                             the quantities of raw materials used for certain processed
                                                                      products may vary according to the end use of the
Whereas Article 2 of Council Regulation (EEC) No                      product ; whereas, depending on the manufacturing
2746/75 of 29 October 1975 (4), and Article 2 of Council              process used, products other than the main product are
Regulation (EEC) No 1431 /76 of 21 June 1976 Q laying                 obtained, the quantity and value of which may vary with
down general rules for granting export refunds on cereals             the nature and quality of the main products being manu­
                                                                      factured ; whereas cumulation of the refunds on the
and rice respectively and criteria for fixing the amount of
such refunds, provide that when refunds are being fixed               various products manufactured by a single process from ,
account must be taken of the existing situation and the               the same basic product may make it possible, in . certain
future trend with regard to prices and availabilities of              cases, to export to third countries at prices which are
cereals, rice and broken rice on the Community market                 lower than world market prices ; whereas the refund on
on the one hand and prices for cereals, rice, broken rice             certain products should therefore be limited to an amount
                                                                      which, while allowing access to the world market, will
and cereal products on the world market on the other ;                ensure that the aims of the common organization of the
whereas the same Articles provide that it is also important
to ensure equilibrium and the natural development of                  markets are respected ;
prices and trade on the markets in cereals and rice and,
furthermore, to take into account the economic aspect of
the proposed exports, and the need to avoid disturbances              Whereas the refund to be granted in respect of certain
on the Community market ;                                             processed products should be graduated on the basis of
                                                                      the ash, crude fibre, tegument, protein, fat and starch
Whereas Article 6 of Council Regulation (EEC) No                      content of the individual product concerned, this content
 2744/75 of 29 October 1975 on the import and export                  being a particularly good indicator of the quantity of basic
                                                                       product actually incorporated in the processed product ;
(') OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ  No  L 367,  31 . 12. 1985, p. 19.                             («) OJ No L 281 , 1 . 11 . 1975, p. 65.
(3) OJ  No  L 166,  25. 6. 1976, p. 1 .                               I7) OJ No L 107, 19. 4. 1984, p. 15.
(<) OJ  No  L 281 , 1 . 11 . 1975, p. 78 .                             8) OJ No L 181 , 27. 7. 1968 , p. 1 .
 0  OJ  No  L 166,  25. 6. 1976, p. 36.                                0 OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak--- 27 . 3 . 86                              Official Journal of the European Communities                             No L 82/ 15
Whereas there is no need at present to fix an export               Whereas the refund must be fixed once a month ;
refund for manioc, other tropical roots and tubers or              whereas it may be altered in the intervening period ;
flours obtained therefrom, given the economic aspect of
potential exports and in particular the nature and origin          Whereas, pursuant to Article 275 of the Act of Accession
of these products ; whereas, for certain products processed        of Spain and Portugal, refunds may be granted in the case
from cereals, the insignificance of Community participa­           of exports to Portugal ; whereas, in the light of the situa­
tion in world trade makes it unnecessary to fix an export          tion and the level of prices no refund should be fixed in
refund at the present time ;                                       the case of exports to Portugal ;
Whereas the world market situation or the specific requi­          Whereas the measures provided for in this Regulation are
rements of certain markets may make it necessary to vary           in accordance with the opinion of the Management
the refund for certain products according to destination ;         Committee for Cereals,
Whereas Regulation (EEC) No 2806/71 (') lays down addi­
tional rules for granting export refunds for certain
products processed from cereals and rice ;                         HAS ADOPTED THIS REGULATION :
Whereas, if the refund system is to operate normally,                                       Article 1
refunds should be calculated on the following basis :
— in the case of currencies which are maintained in rela­          The export refunds on the products listed in Article 1 (d)
     tion to each other at any given moment within a band          of Regulation (EEC) No 2727/75 and in Article 1 ( 1 ) (c) of
     of 2,25 % , a rate of exchange based on their central         Regulation (EEC) No 1418/76 and subject to Regulation
     rate, multiplied by the corrective factor provided for in     (EEC) No 2744/75 are hereby fixed as shown in the
     the last paragraph of Article 3 ( 1 ) of Regulation (EEC)     Annex to this Regulation .
     No 1676/85 (2),
                                                                   The refund on export to Portugal has not been fixed.
— for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each of
     these currencies recorded for a given period in rela­                                  Article 2
     tion to the Community currencies referred to in the
     previous indent, and the aforesaid coefficient ;              This Regulation shall enter into force on 1 April 1986.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 26 March 1986.
                                                                            For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
 (') OJ No L 284, 28 . 12. 1971 , p. 9.
  2 OJ No L 164, 24 . 6 . 1985, p . 1 .
 ---pagebreak--- No L 82/ 16                              Official Journal of the European Communities                                    27 . 3 . 86
                                                                 ANNEX
                     to the Commission Regulation of 26 March 1986 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        174,45
                               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,   151,96
                                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  181,99
                                and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                                weight Q
  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 Q
  11.01 E (III)                 Maize flour not included under No 11.01 E (I) and (II) Q                                  —
  11.01 F                       Rice flour                                                                                —
  11.02 A III (a)               Barley groats and meal, of an ash content, referred to dry matter, not exceeding       180,26
                                1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                                0,9 % by weight
  11.02 A 111(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 %    151,96
                                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
  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 %   233,98
                                by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                                weight (') (8)
  11.02 A V (b)                 Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1,3 %   181,99
                                by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
                                by weight C)(8)
  11.02 A V (c)                 Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by    155,99
                                weight but not exceeding 1 ,7 % by weight and of a crude fibre content, referred to
                                 dry matter, not exceeding 1 % by weight (') (8)
  11.02 A VI                     Rice groats and meal                                                                      —
   1 1 .02 B I a) 1 (aa)         Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not      1 74,45
                                 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--- 27 . 3 . 86                               Official Journal of the European Communities                                No L 82/ 17
                                                                                                                         (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        135,07
                                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) (1 1 ) (2)     —
     1 1 .02 B I b) 1 (aa)      Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not    174,45
                                exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                                exceeding 0,9 % by weight ('Grütze' or 'Grutten') (2)
     11.02 B lb) 1 (bb)         Hulled and sliced or kibbled barley, not included under No 1 1.02 B I b) 1 (aa)           —
                                ('Grütze' or 'Grutten') (2)
     1 1 .02 B I b) 2 (aa)      Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not      143,51
                                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)
     11.02 Bib) 2 (bb)          Hulled and sliced or kibbled oats not included under No 1 1.02 B I b) 2 (aa)              —
                                ('Grütze' or 'Grutten') (2)
     11.02 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       194,98
                                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) (8)
     1 1.02 B lie) (2)           Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not      1 49,49
                                exceeding 1,3 % by weight and of a crude fibre content, referred to dry matter, not
                                exceeding 0,8 % by weight ('Gruetze' or 'Grutten') (2) (8)
      1 1.02 C III (a)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by       232,60
                                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       186,08
                                 weight (without talc) — 2nd category (')
      11.02 C IV                 Pearled oats (3)                                                                          —
      11.02 D I                  Wheat not otherwise worked than kibbled                                                  85,00
      11.02 D II                 Rye not otherwise worked than kibbled                                                  107,00
       11.02 E lb) 1 (aa)        Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by         174,45
                                 weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                                 weight
       11.02 E I b) 1 (bb)       Flaked barley not included under 11.02 E lb) 1 (aa)                                       —
       11.02 E I b) 2(aa)        Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by         168,84
                                 weight, of a tegument content not exceeding 0,1 % , of a moisture content not
                                 exceeding 12 % and of which the peroxydase is virtually inactivated
       1 1 .02 E I b) 2 (bb)      Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by        1 35,07
                                 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        207,98
                                  weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                                  weight
 ---pagebreak--- No L 82/ 18                        Official Journal of the European Communities                                 27 . 3 . 86
                                                                                                               (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      168,99
                          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                                                                        —
    11.02 F IV            Oat pellets                                                                           —
    11.02 FV              Maize pellets                                                                         —
    11.02GI               Wheat germ, whole, rolled, flaked or ground                                          28,12
    1 1.02 G II           Germ of cereals other than wheat, whole, rolled, flaked or ground                    32,50
    1 1 .07 A I a)        Unroasted malt, obtained from wheat, in the form of flour                           200,25
    11.07 A II a)         Unroasted malt, other than that obtained from wheat, in the form of flour           207,01
    11.08 A I             Maize starch (*)                                                                    178,03
    11.08 All             Rice starch                                                                         215,26
    11.08 A III           Wheat starch (*)                                                                    186,36
    11.08 A IV            Potato starch (6)                                                                   178,03
    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   227,04
                          by weight (N x 6,25)
    17.02 B II a)         Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %   232,22
                          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    178,03
                          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     243,28
                          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     169,19
                          dry matter, other than in the form of powder
    21.07 F II            Flavoured or coloured glucose syrup, and malto-dextrine syrup                       178,03
    23.02 A I a)          Brans sharps and other residues derived from the sifting, milling or working of      28,70
                          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     28,70
                          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     28,70
                          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     28,70
                          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            88,46
                          steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                          by weight (N x 6,25)
 ---pagebreak--- 27. 3 . 86                                 Official Journal of the European Communities                                     No L 82/ 19
(') The export refund is paid in respect of maize, groats and meal :
    — of which a percentage not exceeding 30 % passes through a sieve with an aperture of 315 microns,
    — of which a percentage not exceeding 5 % passes through a sieve with an aperture of 150 microns.
(2) 'Hulled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821 /68 (OJ No L 149, 29. 6.
    1968 , p. 46).
(3) 'Pearled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821 /68 (OJ No L 149, 29. 6.
    1968 , p. 46).
(4) Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading 17.02 B I enjoys the same export refund as the
    product falling within subheading 17.02 B II.
(*) The export refund is granted on products falling within this subheading which have a starch content of not less than 85 % by weight.
(*) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by weight.
Q The analytical method to be used for the determination of the fatty matter content is that printed in Annex I (method A) to Directive
    84/4/EEC (OJ No L 15, 18 . 1 . 1984, p. 28).
(8) The procedure to be followed for the determination of the fatty matter content is as follows :
    — the sample has to be crushed so that 90 % or more can pass through a sieve with an aperture of 500 microns and 100 % can pass
        through a sieve with an aperture of 1 000 microns,
    — the analytical method to be used afterwards is that which is printed in Annex I (Method A) to Directive 84/4/EEC (OJ No L 15, 18 .
        1 . 1984, p. 28).