CELEX: 31974R0311
Language: en
Date: 1974-02-06 00:00:00
Title: Regulation (EEC) No 311/74 of the Commission of 6 February 1974 fixing the export levies on cereals

7 . 2 . 74                                   Official Journal of the European Communities                              No L 34/ 19
                                 REGULATION (EEC) No 311/74 OF THE COMMISSION
                                                           of 6 February 1974
                                                    fixing the export levies on cereals
THE COMMISSION OF THE EUROPEAN                                            and given the market situation for certain processed
COMMUNITIES,                                                              products, an export levy for these products must also
                                                                           be fixed ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;
                                                                           Whereas the threshold prices for the 1973 /74 marke­
Having regard to Council Regulation No 120/67/                            ting year were fixed by Council Regulation ( EEC)
EEC (*) of 13 June 1967 on the common organiza­                            No 1964/73 (5) of 17 July 1973 ;
tion of the market in cereals, as last amended by
Regulation ( EEC) No 1346/73 (2) ;
                                                                           Whereas Article 3 of Regulation ( EEC) No 1968/73
Having regard to Council Regulation ( EEC) No                              specifies that when the export levy is being fixed
1968/73 (3) of 19 July 1973 laying down general                            account must be taken of the existing situation and
rules to be applied in the event of the cereals market                     the future trend with regard to prices and availabili­
being disturbed, as amended by Regulation ( EEC )                          ties of cereals on the Community market on the one
No 2632/73 (4 )        and in particular Article 4 (2 )                    hand and prices for cereals and cereal products on
thereof ;                                                                , the world market on the other ; whereas the same
                                                                           article provides that it is also important to ensure
Having regard to the Opinion of the Monetary Com­                          equilibrium and the natural development of prices
mittee ;                                                                   and trade on cereal markets and furthermore, to take
                                                                           into account the economic aspect of the proposed
 Whereas Article 19 of Regulation No 120/67/EEC
                                                                           exports and the need to avoid disturbances on the
 provides that the necessary measure may be taken                          Community market ;
 if the cif price of one or more products is apprecia­
 bly higher than the threshold price and if that
 situation is likely to continue thereby disturbing or                     Whereas for the products, other than starches, listed
 threatening to disturb the Community market ;                              in Article 1 (c) and ( d ) of Regulation No 120/67/
                                                                            EEC the specific factors set out in Article 3 (2) of
 Whereas Regulation ( EEC) No 1968/73 specifies that                       Regulation (EEC) No 1968/73 must also be taken
 the cif price may be regarded as appreciably higher                       into account ;
 that the threshold price when it exceeds it by at
 least 2 °/o ; whereas this excess may be regarded as
 being likely to continue where an imbalance between                        Whereas the export levy may be varied if the world
 supply and demand is established and where this                            market situation or the specific requirements of cer­
 imbalance is likely to persist having regard to                           tain markets make this necessary ;
 foreseeable production and market price trends ;
 Whereas the high level of prices in international trade                   Whereas, if the levy system is to operate normally,
 could impede importation of common wheat, maize,                           the following should be used to calculate the levies :
 rye, barley, sorghum and wheat groats and meal into
 the Community or provoke exportation from the                              — for currencies the exchange rates for which are
 Community ;                                                                     kept at any given moment within a band of
                                                                                 2-25 %, a conversion rate based on their actual
 Whereas the situation described above can be said                               parity ;
  to exist at the present time ; whereas to ensure sup­
 plies in the Community an export levy should be
                                                                            — for other currencies a conversion rate based on
 introducted for these products ;
                                                                                 the arithmetic mean of the spot market rates for
  Whereas , in view of the relationship between the                              each of these currencies against the Community
  basic product and the products processed from it                               currencies referred to in the preceding paragraph
                                                                                 over a specified period ;
  (') OJ No    117, 19 . 6. 1967, p . 2269/67.
  (») OJ  No  L 141 , 28 . 5 . 1973 , p. 8 .
  («) OJ  No  L 201 , 21 . 7. 1973, p. 10.
  (<) OJ  No   L 272 , 29 . 9. 1973 , p. 18 .                                (•) OJ No L 201 , 21 . 7. 1973, p. 3 .
 ---pagebreak---  No L 34/20                       Official Journal of the European Communities                          7 . 2 . 74
Whereas it follows from applying the rules outlined          HAS ADOPTED THIS REGULATION :
above to the present situation on the market in
cereals, and in particular to quotations or prices for                             Article 1
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 as shown in the Annex for the products
                                                            listed therein .
                                                                                   Article 2
Whereas the measures provided for in this Regula­
tion are in accordance with the Opinion of the              This Regulation shall enter into force on 7 February
Management Committee for Cereals,                            1974.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
              Done at Brussels, 6 February 1974.
                                                                      For the Commission
                                                                         P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak--- 7 . 2 . 74                                  Official Journal of the European Communities                       No L 34/21
                                                                  ANNEX
                   to the Commission Regulation of 6 February 1974 fixing the export levy in the cereal sector
  CCT heading
        No                                                        Description                                  u. a. / metric ton
ex 10.01 A              Common wheat and mesiin , excluding officially certified seeds (')                            90-00
ex 10.02                Rye, excluding officially certified seeds (')                                                  10-00
ex 10.03                Barley, excluding officially certified seeds (')                                               25-00
ex 10.04                Oats, excluding officially certified seeds (')                                                 20-00
    10.05 B             Maize other than hybrid maize for sowing                                                       35-00
    10.07 C             Grain sorghum                                                                                  20-00
ex 11.01 A              Wheat flour                                                                                    50-00
    1 1.02 A I a )      Durum wheat groats and meal                                                                   50-00
   11.02 Alb )          Common wheat groats and meal                                                                   50-00
11.01                   Hour of cereals :
                         C. Barley flour                                                                               12-50
                         D. Oat flour                                                                                  10-00
                         E. Maize flour :
                              I. Of a fat content not exceeding 1-5 ()/o by weight                                     17-50
                             11 . Other                                                                                35-00
                         H. Millet flour                                                                                —
                         K. Grain sorghum flour                                                                        20-00
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 , flakad or ground :
                         A. Cereal groats and cereal meal :
                                  II . Rye                                                                             10-00
                                 III . Barley :
                                       a) Of an ash content not exceeding 1 °/o by weight                              12-50
                                       b ) Barley groats and meal not included under No 11.02 A III a )                25-00
                                 IV . Oats :
                                       a ) Of an ash content not exceeding 2-3 % by weight                             10-00
                                       b ) Oat groats and meal not included under No 11.02 A IV a )                    20-00
 ---pagebreak--- No L 34/ 22                         Official Journal of the European Communities                       7. 2 . 74
  CCT heading
      No                                                 Description                            u. a. /metric ton
11.02                V. Maize :
(cont'd)
                           a) Of a fat content not exceeding 1-5 °/o iby weight :
                                1 . For the brewing industry                                           17-50
                                2 . Other                                                              17-50
                           b ) Other                                                                   35-00
                 VIII . Millet                                                                           —
                    IX. Grain sorghum                                                                  20-00
              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 )                                                            25-00
                            2 . Oats :
                                 aa ) Clipped oats                                                     20-00
                                 bb ) Other (2 )                                                       20-00
                            4 . Millet
                        b) Hulled and sliced or kibbled (' Griitze or grutten') :
                            1 . Barley (2 )                                                            25-00
                            2 . Oats ( 2)                                                              20-00
                            4 . Millet (2)
                 II . Other cereals :
                        a ) Wheat (2)                                                                  90-00
                        b) Rye ( 2)                                                                     10-00
                        c) Maize ( 2)                                                                  35-00
                        d ) Grain sorghum (2)                                                          20-00
              C. Pearled grains :
                       I. Wheat (3)                                                                     90-00
                      II. Rye ( 3)                                                                      10-00
                     III . Barley :
                            a ) Of an ash content ( without talc) not exceeding 1 u/o by weight
                                1st category (3 )                                                       12-50
                            b) Other (3)                                                               25-00
                    IV. Oats i(3)                                                                      20-00
                      V. Maiize (3)                                                                    35-00
                   VII . Millet (3)
                 VIII . Grain sorghum (3)                                                              20-00
 ---pagebreak--- 7. 2 . 74                           Official Journal of the European Communities  No L 34/23
  CCT heading
      No                                                Description              u . a . /metric ton
11.02          D. Grains not otherwise worked than kibbled :
(cont'd)                I. Wheat                                                          90-00
                       II . Rye                                                           10-00
                      III. Barley                                                        25-00
                      IV. Oats                                                            20-00
                       V. Maize                                                          35-00
                     VII . Millet
                   VIII . Grain sorghum                                                  20-00
              E. Rolled grains ; flaked grains :
                    I; Barley, oats, buckwheat and millet :
                         a ) Rolled :
                             1 . Barley                                                  25-00
                             2 . Oats                                                    20-00
                             4 . Millet
                         b ) Flaked :
                             1 . Barley                                                   12-50
                             2 . Oats                                                     10-00
                             4 . Millet
                  II . Other cereals :
                         a ) Wheat                                                       90-00
                        b) Rye                                                           10-00
                         c ) Maize                                                       35-00
                        d ) Grain sorghum                                                20-00
              F. Pellets :
                       I. Wheat                                                          90-00
                      II . Rye                                                           10-00
                     III . Barley                                                       25-00
                     IV . Oats                                                          20-00
                      V. Maize                                                          35-00
                     VI . Rice                                                       204-00
                 VIII . Millet
                     IX . Grain sorghum                                                20-00
              G. Germ of cereals, whole, rolled , flaked or ground
                  I. Wheat                                                             22-50
                 II . Other                                                               8-75
 ---pagebreak--- No L 34/24                         Official Journal of the European Communities                              7 . 2 . 74
  CCT heading
      No                                                Description                                u . a . / metric ton
11.07         Malt, roasted or not
              A. Unroasted :
                   I. Obtained from wheat :
                        a ) In the form of flour                                                            45-00
                        b ) Other                                                                           45-00
                  II . Other :
                        a ) In the form of flour                                                             12-50
                        b ) Other                                                                            12-50
              B. Roasted                                                                                     12-50
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 or rice :
                        a ) With a starch content not exceeding 35 % by weight                              48-00
                        b ) Otther :
                             1 . With a starch content exceeding 35% but not exceeding 45 % by
                                  weight, and having undergone a denaturing process                         48-00
                             2 . Other                                                                       48-00
                  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% 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                                                                  48-00
                        b ) Other                                                                       . 48-00
23.07         Sweetened forage, other preparations of a kind used in animal feeding
              B. Other, containing starch, glucose or glucose syrup falling within subheading
                  Nos 17.02 B and 17.05 B , or milk products, mixed with other products too :
                  I. Containing starch or glucose or glucose syrup :
                       a ) Containing no starch or containing 10% or less by weight of starch :
                            1 . Containing no milk products or containing less than 10% by weight
                                 of such products                                                           26-25
                            2 . Containing not less than 50 % by weight of milk products                    26-25
 ---pagebreak--- 7. 2 . 74                                           Official Journal of the European Communities                                          No L 34/25
   CCT heading                                                                                                                           u. a. / metric ton
         No                                                                Description
23.07                                 b) Containing more than 10 %> but not more than 30 % by weight of
(cont'd)                                  starch :
                                           1 . Containing no milk products or containing less than 10 % by weight
                                               of such products                                                                                 26-25
                                          2. Containing not less than 10 °/o but less than 50 % by weight of milk
                                               products                                                                                         26-25
                                      c) Containing more than 30 °/o by weight of milk products :
                                          1 . Containing no milk products or containing less than 10 w/o by weight
                                               of such products                                                                                  26-25
                                          2 . Containing not less than 10 % but less than 50 % by weight of milk
                                               products                                                                                          26-25
(') 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).
(3) Pearled grains are grains corresponding to the definition given in the Annex to Regulation ( EEC ) No 821 /68 ( OJ No L 149 , 29 . 6 . 1968 , p. 46 ).