CELEX: 31976R1266
Language: en
Date: 1976-06-01 00:00:00
Title: Commission Regulation (EEC) No 1266/76 of 31 May 1976 fixing the export refunds on products processed from cereals and rice

No L 143/ 18                                 Official Journal of the European Communities                               1 . 6 . 76
                                      COMMISSION REGULATION ( EEC) No 1266/76
                                                             of 31 May 1976
                     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 (8), defines the specific criteria to be taken into
Economic Community,                                                    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 organiza­
tion of the market in cereals ( ! ), as last amended by                Whereas, on the basis of the criteria laid down in
Regulation (EEC) No 11 43/76 (2), and in particular the                 Regulation (EEC) No 2744/75, particular account
first sentence of the fourth subparagraph of Article 16                should be taken of the prices and quantities of basic
(2) thereof ;                                                           products used to calculate the variable component of
                                                                        the levy ; whereas, therefore, as is laid down for the
Having regard to Council Regulation No 359/67/ EEC                      determination of the variable component, account
of 25 July 1967 on the common organization of the                       should be taken of the average of the levies on the
market in rice (3), as last amended by Regulation                       basic products concerned during a representative
(EEC) No 668 /75 (4), and in particular the first                       period, namely the first 25 days of the month
sentence of the fourth subparagraph of Article 17 (2)                   preceding the month of exportation ; whereas this
thereof,                                                                average should be adjusted for the threshold price for
                                                                        these basic products which will be in force during the
Having regard to the opinion of the Monetary                            month of exportation ; whereas Article 8 of Regula­
Committee ,
                                                                        tion (EEC) No 2744/75 and Article 1 of Regulation
Whereas Article 16 of Regulation (EEC) No 2727/75                       ( EEC) No 1077/68 (9), as amended by Regulation
and Article 17 of Regulation No 359/67/ EEC provide                     ( EEC) No 2764/71 ( 10), provide that the amount of the
that the difference between quotations or prices on                     export refund should, for certain products, be reduced
the world market for the products listed in Article 1                   by an amount equal to the production refund granted
of those Regulations and prices for those products                      in respect of the basic product ;
within the Community may be covered by an export
refund ;                                                                Whereas it follows from applying these rules and
                                                                        criteria to the present situation on the market in
Whereas Article 2 of Council Regulation ( EEC) No                       products processed from cereals and rice that the
2746/75 (5 ) of 29 October 1975, and Article 2 of                       export refund should be fixed at an amount which
Council Regulation No 366/67/ EEC of 25 July 1967                       will cover the difference between Community prices
laying down general rules for granting export refunds                   and world market prices ;
on cereals and rice respectively and criteria for fixing
the amount of such refunds (6), as last amended by
 Regulation ( EEC) No 478 /75 (7-), provide that when                   Whereas when the refund is being calculated account
 refunds are being fixed account must be taken of the                   should be taken of the quantities of raw materials
existing situation and the future trend with regard to                  used to determine the variable component of the
 prices and availabilities of cereals, rice and broken rice              levy ; whereas the quantities of raw materials used for
on the Community market on the one hand and                             certain processed products may vary according to the
 prices for cereals, rice and broken rice on the world                  end use of the product ; whereas, depending on the
 market on the other ; whereas the same Articles                         manufacturing process used, products other than the
 provide that it is also important to ensure equilibrium                 main product are obtained, the quantity and value of
 and the natural development of prices and trade on                      which may vary with the nature and quality of the
 the markets in cereals and rice and , furthermore , to                  main products being manufactured ; whereas cumula­
 take into account the economic aspect of the                            tion of the refunds on the various products manufac­
 proposed exports, and the need to avoid disturbances                    tured by a single process from the same basic product
 on the Community market ;                                               may make it possible, in certain cases, to export to
                                                                         third countries at prices which are lower than world
(')  OJ No  L 281 , 1 . 11 . 197.5 , p . 1 .                             market prices ; whereas the refund on certain products
(-') OJ No  L 130 . 19 . 5 . 1976, p . I.                                should therefore be limited to an amount which ,
0    OJ No  174, 31 . 7 . 1967 , p . 1 .
(■>) OJ No  L 72, 20 . 3 . 1975 , p . 18 .
(5 ) OJ No  L 281 , I. 1 1 . 1975 , p . 78                              ( 8 ) OJ No L 281 , 1 . 11 . 1975, p . 65 .
( b) OJ No  174, 31 . 7 . 1967 , p . 34 .                                O OJ No L 181 , 27 . 7 . 1968 , p . 1 .
( 7) OJ No  L 52, 28 . 2 . 1975 , p . 34 .                               ( I0 ) OJ No L 283 , 24 . 12 . 1971 , p . 30 .
 ---pagebreak---   1 . 6. 76                           Official Journal of the European Communities                          No L 143/ 19
 while allowing access to the world market, will ensure         — in the case of currencies which are maintained in
 that the aims of the common organization of the                      relation to each other, at any given moment,
 markets are respected ;                                              within a band of 2*25 % , a rate of exchange based
                                                                      on their effective parity ;
 Whereas the refund to be granted in respect of certain
 processed products should be graduated on the basis            — for other currencies an exchange rate based on the
 of the ash, crude fibre, tegument, protein, fat and                  arithmetic mean of the spot market rates of each
 starch content of the individual product concerned,                  of these currencies recorded for a given period, in
 this content being a particularly good indicator of the              relation to the Community currencies referred to
 quantity of basic product actually incorporated in the               in the previous subparagraph ;
 processed product ;                                            Whereas the refund must be fixed once a month ;
 Whereas there is no need at present to fix an export           whereas it may be altered in the intervening period ;
 refund for manioc, other tropical roots and tubers or          Whereas the measures provided for in this Regulation
 flours obtained therefrom, given the economic aspect           are in accordance with the opinion of the Manage­
 of potential exports and in particular the nature and          ment Committee for Cereals,
 origin of these products ; whereas, for certain products
 processed from cereals, the insignificance of Commu­
 nity participation in world trade makes it unnecessary         HAS ADOPTED THIS REGULATION :
 to fix an export refund at the present time ;
                                                                                         Article 1
 Whereas the world market situation or the specific
 requirements of certain markets may make it neces­             The export refunds on the products listed in Article 1
 sary to vary the refund for certain products according         (d) of Regulation (EEC) No 2727175 and in Article 1
 to destination ;                                               ( 1 ) (c) of Regulation No 359/67/EEC and subject to
 Whereas Regulation (EEC) No 2806/71 (!) lays down              Regulation (EEC) No 2744/75 are hereby fixed as
 additional rules for granting export refunds for certain       shown in the Annex to this Regulation .
 products processed from cereals and rice ;
                                                                                         Article 2
Whereas, if the refund system is to operate normally,
 refunds should be calculated on the following basis :          This Regulation shall enter into force on 1 June 1976.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 31 May 1976.
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
(•) OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- No L 143 /20                               Official Journal of the European Communities                                         1 . 6 . 76
                                                                  ANNEX
                                                                                                                    I
         Number                                                                                                              Refund in
     in nomenclature                                     Nomenclature in simplified wording                              u. a. /metric ton
     used for refunds                                                                                                   (third countries)
11.01 C ( I)                 Barley flour, of an ash concent, referred to dry matter, not exceeding 0-9 °/o by                  45-98
                             weight and of a crude fibre content, referred to dry matter, not exceeding
                             0·9 °/o weight
11.01 C ( 11)                Barley flour not included under No 11.01 C (I)                                           j            0
11.01 D ( I )                Oat flour, of an ash content, referred to dry matter, not exceeding 2;3 ®/o by           |         53-59
                             weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 ®/o by
                             weight, of a moisture content not exceeding 1 1 °/o and of which the Peroxydase
                             is virtually inactivated                                                                 !
11.01 D (II)                 Oat flour not included under No 11.01 D (I )                                                          0
11.01 E (I )                 Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 */o by                    49-35
                             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                    42-30
                             exceeding 1-7°/o by weight and of a crude fibre content, referred to dry matter,
                             not exceeding 1 °/o by weight
11.01 E ( III )              Maize flour n(ot included under No 11.01 E (I ) and (II)                                            30-67
11.01 F                      Rice flour                                                                                          31-68
11.01 H                      Millet flour                                                                                           0
11.02 AIII ( a )              Barley groats and meal , of an ash content, referred to dry matter, not exceeding                  47-51
                              1 % by weight and of a crude fibre content, referred to dry matter, not
                             exceeding 0-9 °/o by weight
 11.02 AIII (b )             Barley groats and meal not included under No 11.02 A III ( a)                                          0
 11.02 A IV ( a )             Oat groats and meal , of an ash content, referred to dry matter, not exceeding                     53-59
                              2-3 °/o 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 AIV (b )               Oat groats and meal not included under No 11.02 A IV (a)                                              0
 ' 1.02 A V ( a )             Maize groats and meal, of a fat content, referred to dry matter, not exceeding                     63-45
                              0-9 % by weight and a crude fibre content, referred to dry matter, not exceeding
                              0-6 % by weight (')
 11.02 A V ( b )              Maize groats and meal, of a fat content, referred to dry matter, not exceeding                     49-35
                               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                         42-30
                               1-3 °/o by weight but not exceeding 1-7 % 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                                                                               31-68
 11.02 B I a ) 1 ( aa )       Hulled (shelled or husked ) barley, of an ash content, referred to dry matter, not                 45-98
                              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) (·)                      0
  11.02 B I a ) 2 ( aa )      Clipped oats                                                                                         —
 11.02 B I a ) 2 bb ) ( 11 )   Hulled (shelled or husked ) oats, of an ash content, referred to dry matter, not                  47-63
                               exceeding 2-3 °/o by weight, of a tegument content not exceeding 0·5 % of a
                              moisture content not exceeding 1 1 % and of which the peroxydase is virtually
                              inactivated (*)
  11.02 B I a) 2 bb) (22)      Hulled (shelled or husked ) oats, not included under No 11.02 B I a) 2 bb) ( 11) (a)                  0
 ---pagebreak--- 1 . 6 . 76                                 Official Journal of the European Communities                         No L 143 /21
         Number                                                                                                      Refund in
     in nomenclature                                        Nomenclature in simplified wording                   u. a. / metric toil
     used for refunds                                                                                           (third courtriet)
 11.02 B I b) 1 ( aa )     Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not           45-98
                           exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                           not exceeding 0-9 °/o by weight ('Grütze' or 'Grutten') (*)
11.02 B lb ) 1 (bb)                                                                                                        0
                           Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa )
                           ('Grütze' or 'Grutten ') (2 )
                           Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not             50-61
11.02 B I b ) 2 (aa )
                           exceeding 2-3 ®/o weight, of a tegument content not exceeding 0-1 e/o, of a moisture
                           content not exceeding 1 1 °/o and of which the Peroxydase is virtually inactivated
                           ('Grütze ' or ' Grutten ') ( 2 )
11.02 B I b ) 2 ( bb )     Hulled and sliced or kibbled oats not included under No 11.02 B I b ) 2 (aa )                   0
                           (' Grütze ' or ' Grutten ') (a)
11.02 B II a ) ( 1 )       Hulled (shelled or husked ) wheat, not sliced or kibbled (*)                                    0
11.02 C III ( a )          Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by             61-30
                           weight ( without talc ) — 1st category ( 3)
11.02 C III ( b )          Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by               49-04
                           weight (without talc) — 2nd category (s)
11.02 C IV                 Pearled oats ( s)                                                                               0
11.02 D II                 Rye not otherwise worked than kibbled                                                          —
11.02 E I b ) 1 ( aa )     Flaked oats, of an ash content, referred to dry matter, not exceeding 1 e/o by­               45-98
                           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 I b ) 1 ( aa )                                        —
1 1.02 Elb ) 2 ( aa )      Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 ®/o by              59-54
                           weight, of a tegument content not exceeding 0-^°/o, of a moisture content not
                           exceeding 12% and of which the peroxydase'is "Virtually inactivated
1 1.02 F. I b ) 2 ( bb )   Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 ®/o by              47-63
                           weight, of a tegument content exceeding 01 % but not exceeding 1-5 °/o, 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 oars not included under Nos 11.02 E I b) 2 (aa) and 11.02 E I b) 2 (bb)
ex 11.02 E II c ) ( 1 )    Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 °/o by              56-40
                           weight and of a crude fibre content, referred to dry matter, not exceeding
                           0-7 n/o by weight
ex 11.02 E II c ) ( 2 )    Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 e/o by              45-83
                           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 °/o but not              "
                           exceeding 1-7 °/o by weight and of a crude fibre content, referred to dry matter,
                           not exceeding 1 °/o weight
11.02 E II e) Í            Flaked rice                                                                                  31-68
11.02 F III                Barley pellets                                                                                 —
11.02 F IV                 Oat pellets                                                                                    —
11.02 F V                j Maize pellets                                                                                  —
11.02 G I                ; Wheat germ , whole, rolled, flaked or ground                                                  10-65
11.02 G II               ! Gern of cereals other than wheat , whole, rolled, flaked or ground                             8-81
11.07 λ I «)               Unroasted malt, obtained from wheat, in the form of flour                                      —
 ---pagebreak--- No L 143 /22                                Official Journal of the European Communities                                                     1 . 6 . 76
          Number                                                                                                                         Refund in
      in nomenclature                                         Nomenclature in simplified wording                                    u . a. / metric ton
      used for refunds                                                                                                            ( third countries ;
11.07 Alb )                    Unroasted malt , obtained from wheat , other than in the form of flour
11.07 A 'Á a )                 Unroasted malt , other than that obtained from wheat, in the form of flour                                       —
M .07 A II b )                 Unroasted malt, other than that obtained from wheat, other than in the form                                      —
                               of flour
1 1.07 B                       Roasted malt                                                                                                     —
11.08 A I                      Maize starch                                                                                                  40-65
11.08 All                       Rice starch                                                                                                  26-74
11.08 A III                     Wheat starch                                                                                                 57-82
11.08 AIV                       Potato starch                                                                                                40-65
11.08 A V                       Starches other than maize , rice , wheat, or potato starch                                                    40-65
11.09 A                         Dried wheat gluten , of a protein content, referred to dry matter, not exceeding                            105-12
                                82 °/o by weight (N X 6-2.5 )
                                                                                                                                              53-03
17.02 B II a )                  Glucose other than glucose containing, in the dry state, 99 0 o or more by weight
                                of the pure product, in the form of white crystalline powder, whether or not
                                agglomerated {*)
 17.02 B lib )                  Glucose and glucose syrup not containing, in the dry state, 99 °/o or more by                                 40-65
                                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                               53-03
                                or not agglomerated
 17.05 B II                     Flavoured or coloured glucose and glucose syrup, other than in the form of                                     40-65
                                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                                .S - 6 (S
                                maize or rice of a starch content not exceeding 35 % by weight
 23.02 A I b ) 1                 Brans, sharps and other residues derived from the sifting, milling or working of                                8-68
                                 maize or rice, of a starch content exceeding 35 0 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                                8-68
                                maize or rice, of a starch content exceeding 35 °/o 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                                   8-68
                                of maize or rice, of a starch content not exceeding 28 °/o by weight and of
                                 which the percentage which passes through a sieve with an aperture of 0-2 mm
                                 does not exceed 10°/o 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                                8-68
                                 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                                    50-50
                                 steeping liquors), of a protein content, calculated on dry matter, not exceeding
                                63 % by weight (N X 6-25 )
 (*) The export refund is paid in respcct of maize Broats an d mea ' :
      — 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 . 1961 .
      P. *«)•
  [*) 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 tubheading 17.02 B II .