CELEX: 31974R0704
Language: en
Date: 1974-03-29 00:00:00
Title: Regulation (EEC) No 704/74 of the Commission of 26 March 1974 fixing the import levies on products processed from cereals and rice

29 . 3 . 74                              Official Journal of the European Communities                                    No L 85/35
                              REGULATION ( EEC) No 704/74 OF THE COMMISSION
                                                        of 26 March 1974
                     fixing the import levies on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                      rice and for the advance fixing of the levy for some of
COMMUNITIES,                                                        these products, as last amended by Regulation (EEC)
                                                                    No 1 047/73 (9), provides that the levy thus deter­
Having regard to the Treaty establishing the European               mined, increased by the fixed component, is valid in
Economic Community ;                                                general for one month but is altered where the levy
Having regard to Council Regulation No 120/                         applicable to the basic product concerned differs by
67/ EEC (•) of 13 June 1967 on the common organiza­                 not less than 0-25 unit of account per 100 kilo­
tion of the market in cereals, as last amended by Regu­             grammes from the average of the levies calculated as
                                                                    described above ;
lation (EEC) No 1 346/73 (2), and in particular Article
1 4 (4) thereof ;
                                                                    Whereas in accordance with Article 5 of Regulation
Having regard to Council Regulation No 359/                         (EEC) No 1052/68 and Article 2 of Regulation (EEC)
67/EEC (3) of 25 July 1967 on the common organiza­                  No 1080/68 , the levy on certain processed products
tion of the market in rice as last amended by the                   must be reduced by an amount equal to the produc­
Act (4) annexed to the Treaty (5) on the Accession of               tion refund granted in respect of basic products for
new Member States to the European Economic                          processing ;
Community and the European Atomic Energy
Community, signed at Brussels on 22 January 1972,
and in particular Article 1 2 (4) thereof ;                         Whereas the fixed component of the levy is specified
                                                                    in Regulation (EEC) No 1052/68 ;
Having regard to the Opinion of the Monetary
Committee ;                                                         Whereas, in order that account may be taken of the
                                                                    interests    of   the     Associated         African  States and
Whereas the rules to be applied to calculating the vari­
able component of the import levy on products                       Madagascar and of the Overseas Countries and Terri­
processed from cereals and rice are laid down in                    tories, and of the United Republic of Tanzania, the
Article 14 ( 1 ) (A) of Regulation No 120/67/ EEC and               Republic of Uganda and the Republic of Kenya, the
Article 12 ( 1 ) (a) of Regulation No 359/67/ EEC ;                 levy relating to them in respect of certain products
whereas Article 2 of Council Regulation (EEC) No                    processed from cereals must be reduced by the
 1052/68 (6) of 23 July 1968 on the import and export               amount of the fixed component and, in respect of
system for products processed from cereals and rice, as             some of these products, by part of the variable compo­
                                                                    nent ; whereas this reduction must be made in accor­
last amended by Regulation (EEC) No 881 /73 (7),
provides that the incidence on the prime costs of                   dance with Article 1 of Council Regulation (EEC) No
these products of the levies applicable to their basic               522/70 ( 10) of 17 March 1970 on the treatment to be
products should be calculated on the basis of the                   accorded to products processed from cereals and rice
average of the levies applicable to these basic products            originating in the Associated African States and
for the first twenty-five days of the month preceding               Madagascar or in the Overseas Countries and Territo­
that of importation ; whereas this average, adjusted on              ries, and Article 1 of Council Regulation (EEC) No
                                                                     653/71 ( n ) of 30 March 1971 on the treatment to be
the basis of the threshold price valid for the basic
 products in question during the month of importa­                  accorded to products processed from cereals and rice
 tion, is calculated on the basis of the quantities of              originating in the United Republic of Tanzania, the
 basic products considered to have been used in the                  Republic of Uganda or the Republic of Kenya, as
 manufacture of the processed product or the                         amended by Regulation (EEC) No 1 036/72 ( 12) ;
 competing product which serves as a reference for
 processed products not containing cereals ;                        Whereas Article 4 (2) of Regulation (EEC) No 1052/68
                                                                     provides that the levy to be charged on the products
Whereas       Commission          Regulation (EEC) No                listed in the Annex to that Regulation under heading
 1080/68 (8) of 26 July 1968 on the procedure for calcu­             No 07.06 A is limited , with effect from the date of
 lating the levy on products processed from cereals and              entry into force of the Geneva Protocol ( 1967)
                                                                     annexed to the General Agreement on Tariffs and
(')  OJ  No 117, 19 . 6. 1967, p. 2269/67.                          Trade, to the amount resulting from application of the
(2)  OJ  No L 141 , 28 . 5. 1973, p . 8 .
P)   OJ  No 174, 31 . 7 . 1967, p. 1 .                               rate of duty bound within GATT ;
(4)  OJ  No L 73 , 27 . 3 . 1972, p. 14.
(5 ) OJ  No L 73, 27 . 3 . 1972, p. 5 .                              (») OJ   No L  104, 19 . 4. 1973 , p . 30 .
(<>) OJ  No L 179, 25 . 7 . 1968 , p. 8 .                            ( 10) OJ No L  65, 21 . 3 . 1970 , p . 10 .
(7)  OJ  No L 86, 31 . 3. 1973, p. 30.                               (") OJ   No L  76, 31 . 3 . 1971 , p . 2.
(8)  OJ  No L 181 , 27. 7. 1968, p. 6.                                 >2 OJ  No L  118 , 20 . 5 . 1972, p . 18 .
 ---pagebreak--- No L 85/ 36                       Official Journal of the European Communities                           29 . 3 . 74
Whereas, if the levy system is to operate normally,          HAS ADOPTED THIS REGULATION :
levies should be calculated on the following basis :
— in the case of currencies which are maintained in
                                                                                     Article 1
    relation to each other, at any given moment,
    within a band of 2-25 % , a rate of exchange based
    on their effective parity ;                              The import levies to be charged on the products listed
                                                             in Article 1 (d) of Regulation No 120/67/ EEC and in
— for other currencies an exchange rate based on the         Article 1 ( 1 ) (c) of Regulation No 359/67/ EEC and
    arithmetic mean of the spot market rates of each         subject to Regulation (EEC) No 1052/68 are hereby
    of these currencies recorded for a given period, in      fixed as shown in the Annex to this Regulation .
    relation to the Community currencies referred to
    in the previous subparagraph ;
Whereas, in accordance with Article 18(1 ) of Regula­                                Article 2
tion No 120/67/ EEC, the nomenclature provided for
in this Regulation is incorporated in the Common             This Regulation shall enter into force on 1 April
Customs Tariff ;                                             1974 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 26 March 1974 .
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak---   29 . 3 . 74                      Official Journal of the European Communities                                     No L 85 / 37
                                                           ANNEX
                                                                                                        Levies in u.a. /lOO kg
                                                                                                 Third countries
                                                                                                   (other than      AASM , OCT,
      CCT heading No                       Nomenclature in simplified wording                      AASM and            Tanzania ,
                                                                                                 OCT , Tanzania ,    Uganda and
                                                                                                  Uganda and               Kenya
                                                                                                      Kenya )
  07.06 A             Manioc, arrowroot, salep and other similar roots and tubers                     0       ( 1)        0       1
                      with high starch content, excluding sweet potatoes
  11.01 C             Barley flour (f )                                                               0-500               0
  11.01 D             Oat flour (*)                                                                   0-500               0
  11.01 EI            Maize flour, of a fat content not exceeding 1-5 °/o by weight (2)               0-500               0
 11.01 EII            Maize flour, of a fat content exceeding 1-5 % by weight (2)                    0*250                0
 11.01 F              Rice flour (*)                                                                 0-250                0
 11.01 G             Buckwheat flour (*)                                                             0-500                0
 11.01 H             Millet flour (*)                                                                0-250                0
 11.01 I J           Canary seed flour (2)                                                           0-250                0
 11.01 K             Grain sorghum flour (*)                                                         0-250                0
11.01 L              Cereals flours, other than flour of wheat, meslin, rye, barley, oats,     i     0-250               0
                     maize, rice, buckwheat, millet, canary seed or grain sorghum (*)          |
 11.02 All           Rye groats and meal (*)                                                         0-500               0
11.02 A III          Barley groats and meal (2)                                                      0-500               0
11.02 A IV           Oat groats and meal {*)                                                 !       0-500               0
11.02 A V a) 1       Maize groats and meal, of a fat content not exceeding 1-5 % by                 0-500               0
                     weight, for the brewing industry (2)
11.02 A V a) 2       Maize groats and meal, of a fat content not exceeding 1-5 % by                 0-500               0
                     weight, other than for the brewing industry (2)
11.02 A Vb)          Maize groats and meal, of a fat content exceeding 1-5 %> by                    0-250               0
                     weight (2)
11.02 A VI           Rice groats and meal (2)                                              !        0-250               0
11.02 A VII          Buckwheat groats and meal (2)                                                  0-500               0
11.02 A VIII         Millet groats and meal (*)                                                     0-250               0
 ---pagebreak---  No L 85 / 38                   Official Journal of the European Communities                                      29 . 3 . 74
                                                                                                Levies in  u. a. /100 kg
                                                                                          Third countries
                                                                                           (other than        AASM , OCT,
     CCT heading No                     Nomenclature in simplified wording                  AASM and             Tanzania ,
                                                                                          OCT , Tanzania ,     Uganda and
                                                                                           Uganda and              Kenya
                                                                                              Kenya)
 11.02 A IX         Grain sorghum groats and meal (2)                                         0-250                0
11.02 AX            Cereals groats and meal, other than groats and meal of wheat,             0-250                0
                    mesiin, rye, barley, oats, maize, rice, buckwheat, millet or grain
                    sorghum (2)
11.02 B I a) 1      Hulled (shelled or husked) barley (2)                                     0-250                0
 11.02 B I a) 2 aa) Clipped oats                                                              0-250                0
1 1.02 B I a) 2 bb) Hulled (shelled or husked) oats other than clipped oats (2)               0-250                0
1 1.02 B I a) 3     Hulled (shelled or husked) buckwheat (2)                                  0-250                0
1 1.02 B I a) 4     Hulled (shelled or husked) millet (*)                                     0-250                0
11.02 B I b) 1      Hulled and sliced or kibbled barley (' Grütze' or ' Grutten ') (*)        0-250                0
11.02 B I b ) 2     Hulled and sliced or kibbled oats (' Grütze' or ' Grutten') (2)           0-250                0
11.02 B I b ) 3     Hulled and sliced or kibbled buckwheat (' Grütze' or ' Grutten') (2)      0-250                0
11.02 B I b) 4      Hulled and sliced or kibbled millet (' Grütze' or ' Grutten') (2)         0-250                0
11.02 B II a)       Hulled (shelled or husked) wheat, whether or not sliced or                0-250                0
                    kibbled (2)
11.02 B II b)       Hulled (shelled or husked)         rye, whether or not sliced or          0-250                0
                    kibbled (2)
                    Hulled (shelled or husked) maize, whether or not sliced or                0-250                0
11.02 B II c)
                    kibbled (2)
11.02 B II d)       Hulled (shelled or husked) grain sorghum, whether or not sliced or        0-250                 0
                    kibbled (2)
                    Hulled (shelled or husked) grains, whether or not sliced or               0-250                0
11.02 B II e)
                    kibbled, other than those of wheat, rye, maize, barley, oats,
                    buckwheat, millet or grain sorghum (2)
                    Pearled wheat (*)                                                         0-250                0
 11.02 C I
 11.02 C II         Pearled rye (2)                                                           0-250                0
                                                                                              0-500                0
 1 1.02 C III       Pearled barley (2 )
 11.02 C IV         Pearled oats (2)                                                          0-250                0
 1 1.02 C V         Pearled maize (2)                                                         0-250                0
 11.02 CVI          Pearled buckwheat (2)                                                     0-250                0
 11.02 C VII        Pearled millet (2)                                                        0-250                0
 1 1.02 C VIII      Pearled grain sorghum (2)                                                 0-250                0
 11.02 C IX         Pearled grains, other than grains of wheat, rye, barley, oats, maize,     0-250 '              0
                    buckwheat, millet or grain sorghum (*)
 ---pagebreak--- 29 . 3 . 74                    Official Journal of the European Communities                            No L 85 /39
                                                                                          Levies in u. a. / 100 kg
                                                                                    Third countries
                                                                                     (other than       AASM , OCT,
    CCT heading No                     Nomenclature in simplified wording            AASM and              Tanzania ,
                                                                                    OCT, Tanzania ,     Uganda and
                                                                                     Uganda and               Kenya
                                                                                        Kenya )
11.02 D I          Wheat not otherwise worked than kibbled (2)                          0-250                0
11.02 D II         Rye not otherwise worked than kibbled (*)                            0-250                0
11.02 D III        Barley not otherwise worked than kibbled (*)                         0-250                0
11.02 D IV         Oats not otherwise worked than kibbled (*)                           0-250                 0
11.02 D V          Maize not otherwise worked than kibbled (2)                          0-250                 0
11.02 D VI         Buckwheat not otherwise worked than kibbled (*)                      0-250                0
11.02 D VII        Millet not otherwise worked than kibbled (2)                         0-250                0
11.02 D VIII       Grain sorghum not otherwise worked than kibbled (2)                  0-250                 0
11.02 D IX         Grains not otherwise worked than kibbled, other than grains of       0-250                 0
                   wheat, rye, barley, oats, maize, buckwheat, millet or grain sor­
                   ghum (2)
11.02 E I a) 1     Rolled barley (·)                                                    0-250                0
11.02 E I a) 2     Rolled oats (2)                                                      0-250                 0
11.02 E I a) 3     Rolled buckwheat (*)                                                 0-250                 0
11.02 E I a) 4     Rolled millet (2)                                                    0-250                0
11.02 E I b ) 1    Flaked barley (*)                                                    0-500                0
11.02 E I b) 2     Flaked oats (*)                                                      0-500                 0
11.02 E I b) 3     Flaked buckwheat (f)                                                 0-500                 0
11.02 E I b ) 4    Flaked millet (2)                                                    0-500                0
11.02 E II a)      Rolled or flaked wheat (*)                                           0-500                 0
11.02 E II b )     Rolled or flaked rye (2)                                             0-500                0
11.02 E II c)      Rolled or flaked maize (2)                                           0-500                 0
11.02 E II d)      Rolled or flaked grain sorghum (*) ·                                 0-500                 0
 11.02 E II e) 1   Flake rice (2)                                                       0-500                 0
11.02 E II e) 2    Rolled or flaked grains other than grains of wheat, rye, barley,     0-500                 0
                   oats, maize, rice, buckwheat, millet or grain sorghum, excluding
                   flaked rice (2)
11.02 F I          Wheat pellets (2)                                                    0-500                 0
11.02 F II         Rye pellets (2)                                                      0-500                0
1 1.02 F III       Barley pellets (*)                                                   0-500                0
 ---pagebreak--- No L 85 /40                      Official Journal of the European Communities                                       29 . 3 . 74
                                                                                                   Levies in u. a. / 100 kg
                                                                                           Third countries
                                                                                             ( other than       AASM , OCT ,
    CCT heading No                       Nomenclature in simplified wording                  AASM and               Tanzania ,
                                                                                           OCT , Tanzania ,      Uganda and
                                                                                            Uganda and                 Kenya
                                                                                                 Kenya )
11.02 F IV           Oat pellets (*)                                                             0-500                 0
11.02 F V            Maize pellets (*)                                                           0-500                 0
11.02 F VI           Rice pellets (*)                                                            0-250                 0
11.02 F VII          Buckwheat pellets (')                                                       0-500                 0
11.02 F VIII       • Millet pellets (2)                                                          0-250                0
11.02 F IX           Grain sorghum pellets (*)                                                   0-250                 0
11.02 F X            Pellets of cereals other than wheat, rye, barley, oats, maize, rice ,       0-250                 0
                     buckwheat, millet or grain sorghum (2)
11.02 G I            Wheat germ, whole, rolled, flaked or ground                                 0-500                 0
11.02 G II           Germ of cereals other than wheat, whole, rolled, flaked or ground           0-500                 0
11.06 A              Denatured flour and meal of sago and of manioc, arrowroot,                  0-250                 0
                     salep and other roots and tubers falling within heading No 07.06,
                     for the manufacture of starches
11.06 B I            Undenatured flour and meal of sago and of manioc, arrowroot,                1-700                 0
                     salep and other roots and tubers falling within heading No 07.06,
                     for the manufacture of starches
11.06 B II           Undenatured flour and meal of sago and of manioc, arrowroot,                1-700                 0
                     salep and other roots and tubers falling within heading No 07.06,
                     other than for the manufacture of starches
11.07 A I a)         Unroasted malt, obtained from wheat, in the form of flour                   0-900                 0
11.07 A I b )        Unroasted malt, obtained from wheat, other than in the form of              0-900                 0
                     flour
11.07 Ail a)         Unroasted malt, other than that obtained from wheat, in the form            0-900 (4 )            0
                     of flour
11.07 A II b )       Unroasted malt, other than that obtained from wheat, other than in          0-900                 0
                     the form of flour
11.07 B              Roasted malt                                                                0-900 (4 )            0
11.08 AI             Maize starch                                                                1-700                 0
 11.08 AU            Rice starch                                                                 2-550                 0
11.08 A III          Wheat starch                                                                1-700                 0
 11.08 AIV           Potato starch                                                               1-700                 0
11.08 A V            Starches other than maize, rice, wheat or potato starch                     1-700                 0
 11.09 A             Dried wheat gluten                                                        15-000                  0
 ---pagebreak--- 29 . 3 . 74                                   Official Journal of the European Communities                                              No L 85 /41
                                                                                                                           Levies in J. a. /100 kg
                                                                                                                    Third countries
                                                                                                                      (other than        AASM , OCT ,
     CCT heading No                                     Nomenclature in simplified wording                            AASM and              Tanzania ,
                                                                                                                   OCT , Tanzania ,      Uganda and
                                                                                                                     Uganda and               Kenya
                                                                                                                        Kenya )
11.09 B                        Wheat gluten, pther than dried                                                          15-000                 0
17.02 B II a )                 Glucose other than glucose containing, in the dry state, 99°/o or                         8-000                0
                               more by weight of the pure product (3), in the form of white
                               crystalline powder, whether or not agglomerated
17.02 B II b)                  Glucose and glucose syrup not containing, in the dry state, 99 °/o                        5-500                0
                               or more by weight of the pure product (3), other than glucose in
                                the form of white crystalline powder, whether or not agglomerated
17.05 B I                       Flavoured or coloured glucose, in the form of white crystalline                          8-000                0
                                powder, whether or not agglomerated
17.05 B II                       Flavoured or coloured glucose syrup, other than in the form of                          5-500                0
                                white crystalline powder, whether or not agglomerated
23.02 A J a;                    Brans, sharps and other residues derived from the sifting, milling                       0                    0
                                or working of maize or rice, with a starch content not exceeding
                                35 % by weight
23.02 A I b)                    Brans, sharps and other residues derived from the sifting, milling                       0                    0
                                or working of maize or rice, with 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                      0                    0
                                or working of maize or rice, with a starch content exceeding
                                35 °/o but not exceeding 45 %> by weight, not having undergone
                                a denaturing process, or with a starch content exceeding 45 °/o
                                 by weight
23.02 A II a )                  Brans, sharps and other residues derived from the sifting, milling                       0                    0
                                 or working of cereals other than maize or rice, of which the starch
                                 content does not exceed 28 °/o by weight, and of which the percen­
                                tage which passes through a sieve with an aperture of 0-2 mm
                                does not exceed 10 °/o by weight or of which the sieved product
                                 has an ash content, calculated on the dry product, of 1-5 %
                                 or more by weight
23.02 A II b )                  Brans, sharps and other residues derived from the sifting, milling                       0                    0
                                 or working of cereals other than maize or rice, not falling within
                                 subheading No 23.02 A II a)
23.03 A I                       Residues from the manufacture of starch from maize ( excluding                          15-000                 0
                                concentrated steeping liquors), of a protein content, calculated on
                                the dry product, exceeding 40 % by weight
(') This levy is limited to 6 */o of the value for customs purposes .
 P) For the purpose of distinguishing between products falling within headings Nos 11.01 and 11.02 and those falling within subheading 23.02 A,
     products falling within headings Nos 11.01 and 11.02 shall be those meeting the following specifications :
    — a starch content (determined by the modified Ewers polarimetric method), referred to dry matter, exceeding 45 •/• by weight
     — an ash content, by weight, referred to dry matter (after deduction of any added minerals), not exceeding 1-6 %> for rice, 2-5 •/• for wheat,
        3 •/• for barley, 4 8/o for buckwheat, 5 % for oats and 2 % for other cereals .
     Germ of cereals , whole , rolled , flaked or ground , falls in all cases within heading No 11.02.
 (•) Pursuant to Regulation No 189/66/EEC the product falling within sub heading No 17.02 B I is subject to the same levy as products (ailing
     within subheading No 17.02 B II .
(*) In accordance with Regulation (EEC) No 3375/73 this levy is reduced by 0-45 u.a. / lOO kg for products originating in Turkey.