CELEX: 31974R3128
Language: en
Date: 1974-12-13 00:00:00
Title: Regulation (EEC) No 3128/74 of the Commission of 12 December 1974 fixing the export levies on cereals

13. 12. 74                               Official Journal of the European Communities                           No L 333/5
                              REGULATION (EEC) No 3128 /74 OF THE COMMISSION
                                                      of 12 December 1974
                                               fixing the export levies on cereals
THE COMMISSION OF THE EUROPEAN                                      the market situation for certain processed products, an
COMMUNITIES,                                                        export levy for certain of these products must also be
                                                                    fixed ;
Having regard to the Treaty establishing the European
Economic Community ;
                                                                    Whereas the threshold prices for the 1974/75
Having regard to Council Regulation No 120/                         marketing year Were fixed by Council Regulation
67/EEC (*) of 13 June 1967 on the common organiza­                  (EEC) No 1427/74 (5) of 4 June 1974, as amended by
tion of the market in cereals, as last amended by Regu­             Regulation (EEC) No 251 8 /74 (6) ;
lation (EEC) No 1996/74 (2) ;
Having regard to Council Regulation (EEC) No                        Whereas Article 3 of Regulation (EEC) No 1968/73
1 968/73 (3) of 19 July 1973 laying down general rules              specifies that when the export levy is being fixed
to be applied in the event of the cereals market being              account must be taken of the existing situation and
disturbed, as last amended by Regulation (EEC) No                   the future trend with regard to prices and availabilities
676/74 (4) and in particular Article 4 (2) thereof ;                of cereals on the Community market on the one hand
                                                                    and prices for cereals and cereal products on the word
                                                                    market on        the other ; whereas    the same article
Having regard to the Opinion of the Monetary                        provides that it is also important to ensure equili­
Committee ;                                                         brium and the natural development of prices jynd
                                                                    trade on cereal markets and furthermore , to take into
Whereas Article 19 of Regulation No 120/67/ EEC                     account the economic aspect of the proposed exports
provides that the necessary measure may be taken if                 and the need to avoid disturbances on the Commu­
the cif price of one or more products is appreciably                nity market ;
higher than the threshold price and if that situation is
likely to continue thereby disturbing or threatening to
disturb the Community market ;                                      Whereas for the products, other than starches, listed
                                                                    in Article 1 (c) and (d) of Regulation No 120/ 67/ EEC
Whereas Regulation (EEC) No 1968 /73 specifies that                 the specific factors set out in Article 3 (2) of Regula­
the cif price may be regarded as appreciably higher                 tion (EEC) No 1968 /73 must also be taken into
than the threshold price when it exceeds it by at least             account ;
2 % ; whereas this excess may be regarded as being
likely to continue where an imbalance between supply
and demand is established and where this imbalance                  Whereas the export levy may be varied if the world
is likely to persist having regard to foreseeable produc­           market situation or the specific requirements of
tion and market price trends ;                                      certain markets make this necessary ;
Whereas the high level of prices in international trade
could impede importation of common wheat, barley,                   Whereas, if the levy system is to operate normally, the
rye, oats, maize, millet and sorghum into the Commu­                following should be used to calculate the levies :
nity or provoke exportation from the Community ;
                                                                    — for currencies the exchange rates for which are
Whereas the situation described above can be said to
                                                                          kept at any given moment within a band of
exist at the present time ; whereas to ensure supplies                    2-25 % , at a conversion rate based on their actual
in the Community an export levy should be intro­                          parity ;
duced for common wheat, barley, rye, oats, maize,
millet and sorghum ;
                                                                    — for other currencies a conversion rate based on the
Whereas, in view of the relationship between the basic                    arithmetic mean of the spot market rates for each
 product and the products processed from it and given                     of these currencies against the Community curren­
                                                                          cies referred to in the preceding paragraph over a
(')  OJ No  117, 19 . 6. 1967, p. 2269/ 67.                               specified period ;
(2 ) OJ No  L 209 , 31 . 7. 1974, p. 1 .
(3)  OJ No  L 201 , 21 . 7 . 1973 , p. 10 .                         (5 ) OJ No L 151 , 8 . 6. 1974, p. 1 .
(4 ) OJ No  L 83 , 28 . 3 . 1974, p. 3 .                            (o) OJ No L 270 , 5 . 10 . 1974, p. 1 .
 ---pagebreak--- No L 333/6                       Official Journal of the European Communities                         13 . 12. 74
                                                                                     0
Whereas it follows from applying the rules outlined         HAS ADOPTED THIS REGULATION :
above to the present situation on the market in                                   Article 1
cereals, and in particular to quotations or prices for
these products within the Community and on the              The export levies referred to in the first indent of
world market, that the export levies, should be fixed       Article 2(1 ) of Regulation (EEC) No 1968/73 are
as shown in the Annex to this Regulation ;                  hereby fixed at the amounts shown in the Annex.
                                                                                  Article 2
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­           This Regulation shall enter into force on          13
ment Committee for Cereals,                                 December 1974.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 12 December 1974.
                                                               \
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                  Member of the Commission
 ---pagebreak---  13 . 12. 74                              Official Journal of the European Communities                         No L 333/7
                                                                 ANNEX
                  to the Commission Regulation of 12 December 1974 fixing the export levies in the cereals
                                                                  sector
  CCT heading                                                        .  .                                            ,    .
       N0                                                       Description                                   u . a ./metric ton
ex 10.01 A               Common wheat and meslin, excluding officially certified seeds (*)                            75-00
ex 10.02                 Rye, excluding officially certified seeds (*)
ex 10.03                 Barley, excluding officially certified seeds (*)                                            55-00
ex 10.04                 Oats, excluding officially certified seeds (*)                                               30-00
    10.05 B              Maize other than hybrid maize for sowing                                                     60-00
    10.07 B              Millet                                                                                      30-00
    10.07 C              Grain sorghum                                                                                45-00
cj; 11.01 A              Wheat flour                                                                                 42-00
    11.02 A I a )        Durum wheat groats and meal
    11.02 A lb)          Common wheat groats and meal                                                                42-00
    11.01                Flour of cereals :
                         C. Barley flour                                                                               7-50
                         D. Oat flour                                                                                  4-50
                         E. Maize flour :
                              I. Of a fat content not exceeding 1-5 %> by weight                                       9-00
                             II. Other                                                                                36-00
                         H. Millet fldur                                                                              18-00
                         K. Grain sorghum flour                                                                      27-00
    11.02                Cereal groats and cereal meal ; other worked cereal grains (for example, rolled,
                         flaked, polished, pearled or kibbled, but not further prepared), except husked,
                         glazed, polished or broken rice ; germ of cereals, whole, rolled, flaked or ground :
                         A. Cereal groats and cereal meal :
                                 II. Rye
                                III. Barley :
                                     a) Of an ash content not exceeding 1 °/o by weight                                7-50
                                     b) Barley groats and meal not included under No 11.02 A III a)                  30-00
                               IV. Oats :
                                     a) Of an ash content not exceeding 2-3 % by weight                                4-50
                                     b) Oat groats and meal not included under No 11.02 A IV a)                      18-00
 ---pagebreak--- No L 333/8                         Official Journal of the European Communities                  13 . 12. 74
  CCT heading                                                . .                                     ,
      jsjQ                                              Description                           u . a ./metric ton
11.02                V. Maize :
'confd)
                          a) Of a fat content not exceeding 1*5 °/o by weight :
                              1 . For the brewing industry                                              9-00
                              2. Other                                                                   9-00
                          b) Other                                                                    36-00
                  VIII. Millet                                                                         18-00
                   IX. Grain sorghum                                                              . 27-00
              B. Hulled grains (shelled or husked), whether or not sliced or kibbled :
                  I. Barley, oats, buckwheat and millet :
                       a) hulled (shelled or husked) :
                          1. Barley (2)                                                               30-00
                          2 . Oats :
                              aa) Clipped oats                                                         18-00
                              bb) Other :
                                   ( 11 ) Of an ash content not exceeding 2-3 % by weight (2)           4-50
                                   (22) Other H                                                       18-00
                          4. Millet                                                                   18-00
                       b) Hulled and sliced or kibbled ('Griitze or grutten') :
                          1 . Barley (2)                                                             30-00
                          2 . Oats :
                              aa) Of an ash content not exceeding 2-3 °/o by weight (2)                 4-50
                              bb) Other (2)                                                           18-00
                          4. Millet (2)                                                               18-00
                 II. Other cereals :
                       a) Wheat (2)                                                                  45-00
                       b) Rye (2)
                       c) Maize (2)                                                                  36-00
                       d) Grain sorghum (2)                                                          27-00
              C. Pearled grains :
                      I. Wheat (8)                                                                   45-00
                     II. Rye (8)
                    III. Barley :
                         a) Of an ash content (without talc) not exceeding 1 °/o by weight
                             1st category (8)                                                           7-50
                         b) Other (8)                                                                30-00
                   IV. Oats (8)                                                                      18-00
                     V. Maize (3)                                                                    36-00
                  VII. Millet (8)                                                                    18-00
                 VIII. Grain sorghum (8)                                                             27-00
 ---pagebreak---  13 . 12. 74                    Official Journal of the European Communities No L 333/9
  CCT heading                                       _    . .                     ,
       No                                           Description              u.a./metric ton
11.02         D. Grains not otherwise worked than kibbled :
(cont'd)
                      I. Wheat                                                    45-00
                     II. Rye
                    III. Barley                                                   30-00
                    IV. Oats                                                       18-00
                     V. Maize                                                     36-00
                    VII . Millet                                                   18-00
                  VIII. Grain sorghum                                             27-00
              £. Rolled grains ; flaked grains :
                  I. Barley, oats, buckwheat and millet :
                       a) Rolled : •
                          1 . Barley                                              30-00
                          2 . Oats                                                 18-00
                          4. Millet                                                18-00
                       b) Flaked :
                          1 . Barley                                                7-50
                          2 . Oats                                                  4-50
                          4. Millet                                                18-00
                 II. Other cereals :
                       a) Wheat                                                   45-00
                       b) Rye
                       c) Maize                                                   36-00
                       d) Grain sorghum                                           27-00
              F. Pellets :
                      I. Wheat                                                    45-00
                     II. Rye
                    III. Barley                                                   30-00
                    IV. Oats                                                      18-00
                     V. Maize                                                    36-00
                 VIII. Millet                                                     18-00
                    IX. Grain sorghum                                            27-00
              G. Gem of cereals, whole, rolled, flaked or ground
                  I. Wheat                                                       11-25
                 II. Other                                                          9-00
11.07         Malt, roasted or not :
              A. Unroasted :
                  I. Obtained from wheat :
                       a) In the form of flour                                   11-25
                       b) Other                                                  11-25
 ---pagebreak---  No L 333/ 10                                  Official Journal of che European Communities                                           13 . 12. 74
    CCT heading                                                                                                                      u.a./metric ton
         No                                                            Description
 11.07                          11. Other :
 (cont'd)
                                    a) In the form of flour                                                                                8-25
                                    b ) Other                                                                                              8-25
                            B. Roasted                                                                                                     8-25
 23.02                      Bran, sharps and other residues derived from the sifting, milling or working of
                            cereals or of leguminous vegetables :
                             A. Of cereals :
                                 I. Of maize :
                                    a) With a starch content not exceeding 35 % by weight                                                 22-20
                                    b) Other :
                                        1 . With a starch content exceeding 35 °/o but not exceeding 45 °/o by
                                            weight, and having undergone a denaturing process                                             22-20
                                        2. Other                                                                                          22-20
                                II. Of other cereals :
                                    a) Of which the starch content does not exceed 28 %> 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 sieved pro­
                                        duct has an ash content, calculated on the dry product, of 1-5 % or ,
                                        more by weight                                                                                    22-20
                                    b) Other                                                                                              22-20
23.07                       Sweetened forage, other preparations of a kind used in animal feeding :
                            B. Other, containing starch, glucose or glucose syrup falling within subheadings
                                17.02 B and 17.05 B, or milk products, mixed with other products too :
                                ex I. Preparations of a kind used in animal feeding, covered by Regulation
                                        (EEC) No 968/68, of a milk powder content of less than 50 °/o by weight
                                        and of cereal products (4) content by weight :
                                        —   Exceeding 5 °/o but not exceeding 15 °/o                                                       2-40
                                        —   Exceeding 15 % but not exceeding 30 %                                                          6-00
                                        —   Exceeding 30 °/o but not exceeding 50 °/o                                                      9-60
                                        —   Exceeding 50 °/o but not exceeding 65 °/o                                                     14-40
                                        —   Exceeding 65 °/o                                                                              18-00
(') Officially certified seeds are understood to be those seeds contained in the packages officially sealed and officially labelled as 'basic seed*,
    'certified seed, first generation', 'certified seed, second generation ' conforming to the provisions of the Council Directive of 14 June 1966
     on the marketing of cereal seed (OJ No 125, 11. 7. 1966, p. 2309/66) and of the Council Decision of 26 March 1973 on the equivalence of
    seed produced in Denmark , Ireland and the United Kingdom ( OJ No L 106, 20. 4. 1973 , p. 12).
(') 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).
(4) 'Cereals products' means the products falling within Chapter 10 and heading Nos 11.01 and 11.02 (excluding subheading 11.02 G) of the
    Common Customs Tariff.