CELEX: 31975R1131
Language: en
Date: 1975-05-01 00:00:00
Title: Regulation (EEC) No 1131/75 of the Commission of 29 April 1975 fixing the export refunds on products processed from cereals and rice

No L 112/ 26                             Official Journal of the European Communities                                      1 . 5 . 75
                              REGULATION (EEC) No 1131 /75 OF THE COMMISSION
                                                        of 29 April 1975
                      fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                     Whereas Article 6 of Council Regulation (EEC) No
COMMUNITIES,                                                        1 052/68 (9) of 23 July 1968 on the import and export
                                                                   system for products processed from cereals and from
Having regard to the Treaty establishing the European
                                                                   rice, as last amended by Regulation ( EEC) No
Economic Community ;
                                                                   980/75 ( l0), defines the specific criteria to be taken
Having regard to Council Regulation No 120/                         into account when the refund on these products is
67/ EECC ) of 13 June 1967 on the common organiza­                 being calculated ;
tion of the market in cereals, as last amended by Regu­
lation ( EEC) No 85/75 (2), and in particular the first
sentence of the fourth subparagraph of Article 16 (2)              Whereas, on the basis of the criteria laid down in
thereof ;
                                                                    Regulation (EEC) No 1052/68 , particular account
Having regard to Council Regulation No 359/                        should be taken of the prices and quantities of basic
67/ EEC (3) of 25 July 1967 on the common organiza­                 products used to calculate the variable component of
tion of the market in rice, as last amended by Regula­             the levy ; whereas, therefore, as is laid down for the
tion ( EEC) No 476/75 (4), and in particular the first             determination of the variable component, account
sentence of the fourth subparagraph of Article 17 (2)              should be taken of the average of the levies on the
thereof ;                                                          basic products concerned during a representative
                                                                    period, namely the first 25 days of the month
Having regard to the Opinion of the Monetary                        preceding the month of exportation ; whereas this
Committee ;
                                                                   average should be adjusted for the threshold price for
Whereas Article 16 of Regulation * No 120/67/ EEC                  these basic products which will be in force during the
and Article 17 of Regulation No 359/67/ EEC provide                 month of exportation ; whereas Article 8 of Regula­
that the difference between quotations or prices on                tion ( EEC) No 1052/68 and Article 1 of Regulation
the world market for the products listed in Article 1              ( EEC) No 1 077/68 (' '), amended by Regulation ( EEC)
of those Regulations and prices for those products                  No 2764/71 ( l2 ), provide that the amount of the
within the Community may be covered by an export                   export refund should , for certain products, be reduced
refund ;                                                           by an amount equal to the production refund granted
                                                                    in respect of the basic product ;
Whereas Article 2 of Council Regulation No 139/
67/ EEC (5) of 21 June 1967, as last amended by Regu­
lation ( EEC) No 87/75 (6), and Article 2 of Council
Regulation No 366/ 67/ EEC ( 7) of 25 July 1967 laying             Whereas it follows from applying these rules and
down general rules for granting export refunds on                  criteria to the present situation            on the market in
cereals and rice respectively and criteria for fixing the           products processed from cereals              and rice that the
amount of such refunds, as last amended by Regula­                 export refund should be fixed at              an amount which
tion ( EEC) No 478 / 75 (s), provide that when refunds             will cover the difference between             Community prices
are being fixed account must be taken of the existing              and world market prices ;
situation and the future trend with regard to prices
and availabilities of cereals , rice and broken rice on
the Community market on the one hand and prices                    Whereas when the refund is being calculated account
for cereals, rice and broken rice on the world market              should be taken of the quantities of raw materials
on the other ; whereas the same Articles provide that              used to determine- the variable component of the
it is also important to ensure equilibrium and the                  levy ; whereas the quantities of raw materials used for
natural development of prices and trade on the                     certain processed products may vary according to the
markets in cereals and rice and , furthermore , to take            end use of the product ; whereas, depending on the
into account the economic aspect of the proposed                    manufacturing process used , products other than the
exports, and the need to avoid disturbances on the                  main product are obtained , the quantity and value of
Community market ;                                                 which may vary with the nature and quality of the
                                                                    main products being manufactured ; whereas cumula­
(')  OJ No  117, 19 . 6 . 1967, p. 2269/67.                        tion of the refunds on the various products manufac­
(-)  OJ No L II , 16 . I. 1975 , p. I.
(3 ) OJ No  174 , 31 . 7 . 1967 , p. 1 .                           tured by a single process from the same basic product
H    OJ No L 52, 2H . 2 . 1975, p. 31 .
(5)  OJ No  125, 26. 6 . 1967, p. 2453/67.                         O OJ No L 179 , 25 . 7 . 1968 , p. 8 .
(o)  OJ No L 11 , 16 . I. 1975, p. 3 .                             ( I0) OJ No L 95, 17 . 4 . 1975, p . 1 .
(7)  OJ No  174, 31 . 7. 1967, p. 34.                              (") OJ No L 181 , 27. 7. 1968 , p. 1 .
(s ) OJ No L 52, 28 . 2 . 1975, p. 34 .                                  OJ No L 283 , 24 . 12 . 1971 , p . 30 .
 ---pagebreak---  1 . 5. 75                           Official Journal of the European Communities                         No L 112/ 27
may make it possible, in certain cases, to export to           Whereas, if the refund system is to operate normally,
third countries at prices which are lower than world           refunds should be calculated on the following basis :
market prices ; whereas the refund on certain products         — in the case of currencies which are maintained in
should therefore be limited to an amount which,
                                                                    relation to each other, at any given moment,
while allowing access to the world market, will ensure              within a band of 2-25 % , a rate of exchange based
that the aims of the common organization of the                     on their effective parity ;
markets are respected ;
                                                               — for other currencies an exchange rate based on the
Whereas the refund to be granted in respect of certain              arithmetic mean of the spot market rates of each
processed products should be graduated on the basis                 of these currencies recorded for a given period, in
of the ash , crude fibre, tegument, protein, fat and                relation to the Community currencies referred to
starch content of the individual product concerned,                 in the previous subparagraph ;
this content being a particularly good indicator of the        Whereas the refund must be fixed once a month ;
quantity of basic product actually incorporated in the         whereas it may be altered in the intervening period ;
processed product ;
                                                               Whereas the measures provided for in this Regulation
Whereas there is no need at present to fix an export           are in accordance with the Opinion of the Manage­
refund for manioc, other tropical roots and tubers or           ment Committee for Cereals,
flours obtained therefrom , given the economic aspect
of potential exports and in particular the nature and
origin of these products ; whereas, for certain products        HAS ADOPTED THIS REGULATION :
processed from cereals, the insignificance of Commu­
nity participation in world trade makes it unnecessary                                  A rtic/e 1
to fix an export refund at the present time ;
                                                               The export refunds on the products listed in Article 1
Whereas the world market situation or the specific             (d) of Regulation No 120/67/ EEC and in Article 1 ( 1 )
requirements of certain markets may make it neces­             (c) of Regulation No 359/67/EEC and subject to Regu­
sary to vary the refund for certain products according          lation (EEC) No 1052/68 are hereby fixed as shown in
to destination ;                                                the Annex to this Regulation .
Whereas Regulation (EEC) No 2806/71 (') lays down                                       Article 2
additional rules for granting export refunds for certain
products processed from cereals and rice ;                     This Regulation shall enter into force on 1 May 1975.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 April 1975.
                                                                           For the Commission
                                                                             P.J. LARDINOIS
                                                                      Member of the Commission
(') OJ No L 284, 28 . 12. 1971 , p. 9.
 ---pagebreak--- No L 112/28                              Official Journal of the European Communities                                   1 . 5 . 75
                                                              ANNEX
        Number                                                                                                       Refund in
    in nomenclature                                   Nomenclature in simplified wording                             u.a. /100 kg
    used for refunds                                                                                            (third countries)
11.01 C ( I)              Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 °/o by             5-342
                          weight and of a crude fibre content, referred to dry matter, not exceeding
                          0-9 °/o weight
11.01 C ( II)             Barley flour not included under No 11.01 C (I)                                           .    3-432
11.01 D (I )              Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 % by                  6-246
                          weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 %> by
                          weight, of a moisture content not exceeding 11 °/o and of which the peroxydase
                          is virtually inactivated
11.01 D (II)              Oat flour not included under No 11.01 D (I)                                                   3-539
11.01 E ( I)              Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 °/o by               3-714
                          weight and of a crude fibre content, referred to dry matter, not exceeding
                          0-8 °/o by weight
11.01 E ( II)             Maize flour, of a fat content, referred to dry matter, exceeding 1-3 °/o but not              3-184
                          exceeding 1-7 %> by weight and of a crude fibre content, referred to dry matter,
                          not exceeding 1 °/o by weight
11.01 E (III )            Maize flour not included under No 11.01 E (I) and (II)                                        2-308
11.01 F                   Rice flour                                                                                        0
11.01 H                   Millet flour                                                                                     —
11.02 A III ( a )         Barley groats and meal, of ah ash content, referred to dry matter, not exceeding              5-520
                          1 °/o 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)                                  3-632
11.02 A IV ( a)           Oat groats and meal, of an ash content, referred to dry matter, not exceeding                 4-246
                          2-3 %> by weight, of a tegument content not exceeding 0-1 °/o, of a moisture
                          content not exceeding 11 °/o and of which the peroxydase is virtually inactivated
11.02 A IV ( b)           Oat groats and meal not included under No 11.02 A IV (a)                                      3-539
11.02 A V ( a)            Maize groats and meal, of a fat content, referred to dry matter, not exceeding                4-775
                          0-9 % by weight and a crude fibre content, referred to dry matter, not exceeding
                          0-6 °/o by weight (*)
11.02 A V ( b )           Maize groats and meal, of a fat content, referred to dry matter, not exceeding                3-714
                          1-3 °/o by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 0-8 °/o by weight (*)
11.02 A V (c)             Maize groats and meal, of a fat content, referred to dry matter, exceeding                    3-184
                          1-3 °/o by weight but not exceeding 1-7 °/o by weight and of a crude fibre content,
                          referred to dry matter, not exceeding 1-0 %> weight (*)
11.02 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             5-342
                          exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                          not exceeding 0-9 °/o by weight (2)
11.02 B I a) 1 (bb )      Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (')               3-632
11.02 B I a ) 2 ( aa )    Clipped oats                                                                                  0-510
11.02 B I a) 2 bb) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not               5-552
                          exceeding 2-3 °/o by weight, of a tegument content not exceeding 0.5 °/o of a
                          moisture content not exceeding 11 °/o and of which the peroxydase is virtually
                          inactivated (2)                                            *
11.02B la) 2 bb) (22)     Hulled (shelled or husked ) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (*)         3-539
 ---pagebreak---  1 . 5. 75                            Official Journal of the European Communities                          No L 112/29
         Number                                                                                                 Refund in
     in nomenclature                                 Nomenclature in simplified wording                        u.a. /100 kg
     used for refunds                                                                                       (third countries)
 11.02 Bib) 1 (aa)      Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not        5-342
                        exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                        not exceeding 0-9 °/o by weight ('Grutze' or 'Grutten') (2)
 11.02 Bib) 1 (bb)      Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)             3-632
                        ('Grutze' or 'Grutten') (2)
 11.02 Bib) 2 (aa)      Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not          5-899
                        exceeding 2-3 %> weight, of a tegument content not exceeding 0-1 %>, of a moisture
                        content not exceeding 11 % and of which the peroxydase is virtually inactivated
                        ('Grütze' or 'Grutten') (2)
 11.02 Bib) 2 (bb)      Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)                3-539
                        ('Grütze' or 'Grutten ') (2)
 11.02 B II a) ( 1 )    Hulled (shelled or husked) wheat, not sliced or kibbled (2)                               3-385
 11.02 C III (a)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by         7-122
                        weight (without talc) — 1st category (s)
 11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by         5-698
                       weight (without talc) — 2nd category (3)
 11.02 C IV             Pearled oats (3)                                                                          3-539
11.02 D II             Rye not otherwise worked than kibbled                                                      1-224
11.02 E lb) 1 (aa)      Flaked oats, of an ash content, referred to dry matter, not exceeding 1 °/o by           5-342
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-9 °/o by weight
1 1.02 E lb) 1 (bb)    Flaked barley not included under 11.02 E I b) 1 (aa)                                      3-632
11.02 E I b ) 2 (aa)   Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 °/o by           6-940
                       weight, of a tegument content not exceeding 0-1 %>, of a moisture content not
                       exceeding 12 °/o and of which the peroxydase is virtually inactivated
11.02 E I b) 2 (bb)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 %> by           5-552
                       weight, of 'k tegument content exceeding 0-1 °/o but not exceeding 1-5. %>, of a
                       moisture content not exceeding 1 2 °/o and of which the peroxydase is virtually
                       inactivated
11.02 E I b ) 2 (cc)   Flaked oats not included under Nos 11.02 E I b) 2 (aa) and 11.02 E I b) 2 (bb)            3-539
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 %> by           4-245
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 °/o by weight
ex 11.02 E II c) (2)   Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 °/o by          3-449
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-8 % by weight
ex 11.02 E II c) (3 )  Flaked maize, of a fat content, referred to dry matter, exceeding 1-3 % but not           2-918
                       exceeding 1-7 °/o by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 % weight
11.02 E II e) 1        Flaked rice
11.02 F III            Barley pellets                                                                            3-060
11.02 F IV             Oat pellets                                                                               0-510
11.02 FV               Maize pellets                                                                               —
11.02 G I              Wheat germ, whole, rolled, flaked or ground                                               0-830
11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                        0-663
11.07 A I a)           Unroasted malt, obtained from wheat, in the form of flour                                0-500
 ---pagebreak---    No L 112/30                                 Official Journal of the European Communities                                           1 . 5 . 75
             Number                                                                                                                Refund in
         in nomenclature                                        Nomenclature in simplified wording                                u.a. /100 k|»
        used for refunds                                                                                                       (third countries)
   11.07 A lb)                    Unroasted malt, obtained from wheat, other than in the form of flour                               0-500
   11.07 A II a)                  Unroasted malt, other than that obtained from wheat, in the form of flour                          0-500
   11.07 A II b)                  Unroasted malt, other than that obtained from wheat, other than in the form                        0-500
                                 of flour
   11.07 B                       Roasted malt                                                                                        0-500
   11.08 A I                      Maize starch                                                                                      -1-591
   11.08 A III                    Wheat starch                                                                                       0-284
   11.08 A IV                     Potato starch                                                                                      1-591
   11.08 A V                      Starches other than maize, rice, wheat, or potato starch                                           1-591
   11.09 A                        Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                   0-516
                                  82 % by weight (N X 6-25 )
   17.02 B II a)                  Glucose other than glucose containing, in the dry state, 99 °/o or more by weight                 2-075
                                  of the pure product, in the form of white crystalline powder, whether or not
                                 agglomerated (4)
  17.02 B II b )                  Glucose and glucose syrup not containing, in the dry state, 99 °/o or more by                     1-591
                                 weight of the pure product, other than glucose in the form of white crystalline
                                 powder, whether or not agglomerated (4)
  17.05 B I                      Flavoured or coloured glucose, in the form of. white crystalline powder, whether                   2-075
                                 or not agglomerated
  17.05 B II                     Flavoured or coloured glucose and glucose syrup, other than in the form of                         1-591
                                 white crystalline powder, whether or not agglomerated
  23.02 A I a )                  Brans, sharps and other residues derived from the sifting, milling or working of                   0-763
                                 maize or rice of a starch content not exceeding 35 °/o by weight
  23.02 A I b) 1                 Brans, sharps and other residues derived from the sifting, milling or working of                   0-763
r                                maize or rice, of a starch content exceeding 35 °/o but not exceeding 45 °/o by
                                 weight, and having undergone a denaturing process
  23.02 A I b) 2                 Brans, sharps and other residues derived from the sifting, milling or working of                   0-763
                                 maize or rice, of a starch content exceeding 35 %> by weight, and not having
                                 undergone a denaturing process, or of a starch content exceeding 45 °/o by weight
                                 and having undergone denaturing process
  23.02 A II a)                  Brans, sharps and other residues derived from the sifting, milling or working                      0-763
                                 of maize or rice, of a starch content not exceeding 28 % by weight and of
                                 which the percentage which passes through a sieve with an aperture of 0-2 mm
                                 does not exceed 10 % by weight or of which the sifted product has an ash
                                 content, calculated on dry matter, not exceeding 1-5 % by weight
  23.02 A II b)                  Brans, sharps and other residues derived from the sifting, milling or working of                   0-763
                                 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                         1-976
                                steeping liquors), of a protein content, calculated on dry matter, not exceeding
                                63 % by weight (N X 6-25)
                            1
 (') The export refund is paid in respect of maize, groats and meal :
     — of which a percentage not exceeding 30 % passes through a sieve with an aperture of 315 microns,
     — of which a percentage not exceeding 5 % of product passes through a sieve with an aperture of ISO microns .
 (') ' Hulled grains ' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. 1968,
     p. 46).
 (') ' Pearled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. 1968,
     p. 46).
 (6) Pursuant to Regulation No 189/66/EEC the product falling within subheading 17.02 B I enjoys the same export refund as the product falling
     within subheading 17.02 B II .