CELEX: 31973R1435
Language: en
Date: 1973-05-31 00:00:00
Title: Regulation (EEC) No 1435/73 of the Commission of 29 May 1973 fixing the export refunds on products processed from cereals and rice

No L 144/26                             Official Journal of the European Communities                              31 . 5 . 73
                                REGULATION (EEC) No 1435/73 OF THE COMMISSION
                                                          of 29 May 1973
                             fixing the export refunds on products processed from cereals and rice
 THE COMMISSION OF THE EUROPEAN                                     thermore, to take into account the economic aspect
 COMMUNITIES,                                                        of the proposed exports and the need to avoid distur­
                                                                     bances on the Community market ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                           Whereas Article 6 of Council Regulation (EEC) No
Having regard to Council Regulation No 120/67/                       1052/68 (8 ) of 23 July 1968 on the import and ex­
EEC (*) of 13 June 1967 on the common organiza­                      port system for products processed from cereals and
 tion of the market in cereals, as last amended by                  from rice, as last amended by Regulation (EEC) No
 the Act (2) annexed to the Treaty (3) on the Acces­                 881 /73 ( 9), defines the specific criteria to be taken
 sion of new Member States to the European Eco­                     into account when the refund on these products is
 nomic Community and the European Atomic Energy                     being calculated ;
Community, signed at Brussels on 22 January 1972,
 and in particular the first sentence of the fourth                  Whereas, on the basis of the criteria laid down in
 subparagraph of Article 16 (2) thereof ;                            Regulation (EEC ) No 1052/68 , particular account
                                                                     should be taken of the prices and quantities of basic
Having regard to Council Regulation No 359/67/                      products used to calculate the variable component
EEC (4) of 25 July 1967 on the common organiza­                      of the levy ; whereas, therefore, as is laid down for
 tion of the market in rice, as last amended by the                  the determination of the variable component, ac­
Act annexed to the Treaty on the Accession of new                    count should be taken of the average of the levies
Member States to the European Economic Com­                          on the basic products concerned during a representa­
munity and the European Atomic Energy Community,                     tive period, namely the first twenty-five days of the
signed at Brussels on 22 January 1972, and in                        month preceding the month of exportation ; whereas
particular the first sentence of the fourth subpara­                 this average should be adjusted for the threshold
graph of Article 17 (2) thereof ;                                   price for these basic products which will be in
                                                                     force during the month of exportation ; whereas Art­
Having regard to the Opinion of the Monetary                         icle 8 of Regulation (EEC) No 1052/68 and Article
Committee ;                                                           1 of Regulation (EEC) No 1077/68 (10), amended by
Whereas Article 16 of Regulation No 120/67/EEC                      Regulation (EEC) No 2764/71 ( u ), provide that
and Article 17 of Regulation No 359/67/EEC pro­                     the amount of the export refund should, for certain
vide that the difference between quotations or prices                products, be reduced by an amount equal to the pro­
on the world market for the products listed in Ar­                   duction refund granted in respect of the basic pro­
ticle 1 of those Regulations and prices for those                    duct ;
products within the Community may be covered
by an export refund ;                                                Whereas it follows from applying these rules and cri­
                                                                     teria to the present situation on the market in pro­
Whereas Article 2 of Council Regulation No 139/67/                   ducts processed from cereals and rice that the export
EEC (5) of 21 June 1967 and Article 2 of Council                     refund should be fixed at an amount which will
Regulation No 366/67/EEC (6) of 25 July 1967 lay­                   cover the difference between Community prices and
ing down general rules for granting export refunds                  world market prices ;
on cereals and rice respectively and criteria for fix­
ing the amount of such refunds, as amended by Reg­                  Whereas when the refund is being calculated ac­
ulation No 1019/67/EEC (7), provide that when re­                   count should be taken of the quantities of raw mate­
funds are being fixed account must be taken of the                  rials used to determine the variable component of
existing situation and the future trend with regard                 the levy ; whereas the quantities of raw materials
to prices and availabilities of cereals, rice and                   used for certain processed products may vary accord­
broken rice on the Community market on the one                      ing to the end use of the product ; whereas, depend­
hand and prices for cereals, rice and broken rice on                ing on the manufacturing process used, products
the world market on the other ; whereas the same                    other than the main product are obtained, the quan­
Articles provide that it is also important to ensure                tity and value of which may vary with the nature
equilibrium and the natural development of prices                   and quality of the main products being manufac­
and trade on the markets in cereals and rice and, fur­              tured ; whereas cumulation of the refunds on the
                                                                    various products manufactured by a single process
  l) OJ No  117, 19. 6. 1967, p. 2269/67.                           from the same basic product may make it possible,
  *) OJ No  L 73, 27. 3 . 1972, p. 14.
  ») OJ No  L 73, 27. 3 . 1972, p. 5.
  *) OJ No  174, 31 . 7. 1967, p. 1 .                                (H)  OJ No   L 179, 25 . 7. 1968, p. 8.
  •) OJ No  125, 26. 6. 1967, p. 2453/67.                           (•)   OJ No   L 86, 31 . 3 . 1973, p. 30.
  •) OJ No  174, 31 . 7. 1967, p. 34 .                              ( 10) OJ No   L 181 , 27. 7. 1968 , p. 1 .
  7) OJ No  311 , 21 . 12 . 1967, p. 13 .                           (")   OJ No   L 283 , 24. 12. 1971 , p. 30.
 ---pagebreak---  31 . 5 . 73                          Offioial Journal of the European Communities                        No L 144/27
in certain cases, to export to third countries at prices        for certain products processed from cereals and
which are lower than world market prices ; whereas              rice ;
the refund on certain products should therefore be
limited to an amount which, while allowing access               Whereas, if the refund system is to operate normally,
to the world market, will ensure that the aims of the           refunds should be calculated on the basis of an
common organization of the markets are respected ;              exchange rate which is based, in the oase of currencies
                                                                which are floating or whose central rate differs from
Whereas the refund to be granted in respect of cer­             the official parity, on the effective rate or the
tain processed products should be graduated on the              central rate of these currencies and, in the case of
basis of the ash, crude fibre, tegument, protein, fat           the US dollar, on the change in parity announced
and starch content of the individual product con­               on 13 February 1973 ;
cerned, this content being a particularly good indica­
tor of the quantity of basic product actually incor­            Whereas the refund must be fixed once a month ;
porated in the processed product ;                              whereas it may be altered in the intervening period ;
                                                                Whereas the measures provided for in this Regula­
Whereas there is no need at present to fix an export            tion are in accordance with the Opinion of the Man­
refund for manioc, other tropical roots and tubers              agement Committee for Cereals ;
or flours obtained therefrom, given the economic
aspect of potential exports and in particular the               HAS ADOPTED THIS REGULATION :
nature and origin of these products ; whereas, for cer­
tain products processed from cereals, the insignifi­                                     Article 1
cance of Community participation in world trade
makes it unnecessary to fix an export refund at the             The export refunds on the products listed in Article
present time ;                                                  1 (d) of Regulation No 120/67/EEC and in Article
                                                                1 ( 1 ) (c) of Regulation No 359/67/EEC and subject
Whereas the world market situation or the specific              to Regulation (EEC) No 1052/68 are hereby fixed as
requirements of certain markets may make it neces­              shown in the Annex to this Regulation.
sary to vary the refund for certain products accord­
ing to destination ;                                                                     Article 2
 Whereas Regulation (EEC) No 2806/71 H lays                     This Regulation shall enter into force on 1 June
down additional rules for granting export refunds                1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 May 1973 .
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
  (»)• OJ No L 284, 28 . 12. 1971, p. 9.
 ---pagebreak--- No L 144/28                            Official Journal of the European Communities                                31 . 5 . 73
                                                             ANNEX
         Number                                                                                                    Refund in
     in nomenclature                                  Nomenclature in simplified wording                          u.a./100 kg
    used for refunds                                                                                           (third countries]
11.01 C (I)               Barley flour, of an ash content, referred to dry matter, not exceeding 0·9 °/o by          5·676
                          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)                                             3·860
11.01 D (I)               Oat flour, of an ash content, referred to dry matter, not exceeding 2·3 % by              5·067
                          weight, of a crude fibre content, referred to dry matter, not exceeding 1·8 °/o by
                          weight, of a moisture content not exceeding 11% and of which the peroxydase
                          is virtually inactivated
                          Oat flour not included under No 11.01 D (I)                                               2·871
11.01 D (II)
11.01 E (I)               Maize flour, of a fat content, referred to dry matter, not exceeding 1·3 °/o by           3·737
                          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 % but not            3·203
                          exceeding 1·7 °/o by weight and of a crude fibre content, referred to dry matter,
                          not exceeding 1 % by weight
11.01 E (III)             Maize flour not included under No 11.01 E (I) and (II)                                    2·322
11.01 F                   Rice flour
11.01 H                   Millet flour                                                                              3·µ219
11.02 A III (a)           Barley groats and meal, of an ash content, referred to dry matter, not exceeding          5·865
                          1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                          0·9 °/o by weight
11.02 A III (b)           Barley groats and meal not included under No 11.02 A III (a)                              3·860
11.02 A IV ( a)           Oat groats and meal, of an ash content, referred to dry matter, not exceeding             5·067
                          2·3 °/o by weight, of a tegument content not exceeding 0·1 %, of a moisture con­
                          tent not exceeding 11 %> and of which the peroxydase is virtually inactivated
11.02 A IV (b )           Oat groats and meal not included under No 11.02 A IV (a)                                  2·871
11.02 A V (a)             Maize groats and meal, of a fat content, referred to dry matter, not exceeding            4·804
                          0·9 %> by weight and a crude fibre content, referred to dry matter, not exceeding
                          0·6 °/o by weight (1)
11.02 A V ( b)            Maize groats and meal, of a fat content, referred to dry matter, not exceeding            3·737
                          1·3 °/o by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 0·8 °/o by weight
11.02 A V (c)             Maize groats and meal, of a fat content, referred to dry matter, exceeding                3·203
                          1·3 % by weight but not exceeding 1·7 °/o by weight and of a crude fibre content,
                          referred to dry matter, not exceeding 1·0 °/o weight (J)
11.02 A VI                Rice groats and meal
11.02 B I a) 1 (aa)       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not         5·676
                          exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                          not exceeding 0·9 %> by weight (2)
11.02 B I a) 1 ( bb)      Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (*)           3·860
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           4·504
                          exceeding 2·3 % by weight, of a tegument content not exceeding 0·5 °/o, of a
                          moisture content not exceeding 11 °/o and of which the peroxydase is virtually
                          inactivated (2)
11.02 B I a) 2 bb) (22)   Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (*)      2·871
 ---pagebreak--- 31 . 5 . 73                         Official Journal of the European Communities                            No L 144/29
         Number                                                                                                 Refund in
     in nomenclature                                 Nomenclature in simplified wording
    used for refunds
                                                                                                               u.a./100 kg
                                                                                                            {third countries
11.02 B I b) 1 ( aa)    Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not       5·676
                        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') (2)
11.02 B I b) 1 (bb)    Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)             3·860
                       (' Grütze' or ' Grutten') (2)
11.02 Bib) 2 (aa)      Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not          4·785
                       exceeding 2·3 °/o weight, of a tegument content not exceeding 0·1 %>, of a moisture
                       content not exceeding 11 °/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)               2·871
                       (' Grütze' or ' Grutten') (2)
11.02 B II a) ( 1 )    Hulled (shelled or husked ) wheat, not sliced or kibbled (2)                               4·236
11.02 C III ( a)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by          7·568
                       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          6·054
                       weight (without talc) — 2nd category (3)
11.02 C IV             Pearled oats (3)                                                                           2·871
11.02 D II             Rye not otherwise worked than kibbled                                                      4·590
11.02 E lb) 1 (aa)     Flaked oats, of an ash content, referred to dry matter, not exceeding 1 °/o by            5·676
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0·9 °/o by weight
11.02 E I b) 1 (bb)    Flaked barley not included under 11.02 E I b) 1 (aa)                                       3·860
11.02 E I b) 2 (aa)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2·3 % by            5·630
                       weight, of a tegument content not exceeding 0·1 %>, of a moisture content not
                       exceeding 12 °/o and of which the peroxydase is virtually inactivated
11.02 E I b) 2 (bb)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2·3 °/o by          4·504
                       weight, of a tegument content exceeding 0·1 % but not exceeding 1·5 °/o, of a
                       moisture content not exceeding 12 °/o and of which the peroxydase is virtually
                       inactivated
11.02 E I b) 2 (cc)    Flaked oats not included under Nos 11.02 E I b) 2 ( aa) and 11.02 E I b) 2 (bb)           2·871
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0·9 °/o by          4·270
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0·7 °/o by weight
                       Flaked maize, of a fat content, referred to dry matter, not exceeding 1·3 %> by           3·470
ex 11.02 E II c) (2)
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0·8 % by weight
ex 11.02 E II c) (3 )  Flaked maize, of a fat content, referred to dry matter, exceeding 1·3 °/o but not         2·936
                       exceeding 1·7 % by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 °/o weight
11.02 E II e) 1        Flaked rice
11.02 F III            Barley pellets                                                                            2·550
11.02 F IV             Oat pellets
11.02 F V              Maize pellets
11.02 G I              Wheat germ, whole, rolled, flaked or ground                                               1·038
11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                         0·667
11.07 A I a )          Unroasted malt, obtained from wheat, in the form of flour                                 7·392
 ---pagebreak---     No L 144/30                                 Official Journal of the European Communities                                         31 . 5 . 73
               Number                                                                                                               Refund in
          in nomenclature                                         Nomenclature in simplified wording                               u.a./100 k§
          used for refunds                                                                                                      (third countries)
   11.07 A lb)                      Unroasted malt, obtained from wheat, other than in the form of flour                              5·524
   11.07 A II a)                    Unroasted malt, other than that obtained from wheat, in the form of flour                         6·736
   11.07 A II b)                    Unroasted malt, other than that obtained from wheat, other than in the form                       5·033
                                    of flour
   11.07 B                          Roasted malt                                                                                      5·865
   11.08 A I                        Maize starch
   11.08 A III                      Wheat starch
   11.08 A IV                       Potato starch
   11.08 A V                       Starches other than maize, rice, wheat, or potato starch
   11.09 A                         Dried wheat gluten, of a protein content, referred to dry matter, not exceeding
                                   82 %> by weight (N X 6·25 )
  17.02 B II a)                    Glucose other than glucose containing, in the dry state, 99 % or more by weight
                                   of the pure product, in the form of white crystalline powder, whether or not
                                   agglomerated (4)
  17.02 B II b )                   Glucose and glucose syrup not containing, in the dry state, 99 % or more by
                                   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
                                   or not agglomerated
  17.05 B II                       Flavoured or coloured glucose and glucose syrup, other than in the form of white
                                  crystalline powder, whether or not agglomerated
  23.02 A I a)                     Brans, sharps and other residues derived from the sifting, milling or working of                  0·849
                                   maize or rice of a starch content not exceeding 35 °/o by weight
 23.02 A I b ) 1                   Brans, sharps and other residues derived from the sifting, milling or working of                 0·849
                                  maize or rice, of a starch content exceeding 35% but not exceeding 45% by
                                  weight, and having undergone a denaturing process
23.02 A I b) 2                     Brans, sharps and other residues derived from the sifting, milling or working of                 0·849
                                   maize or rice, of a starch content exceeding 35 % by weight, and not having
                                  undergone a denaturing process, or of a starch content exceeding 45 % by weight
                                  and having undergone denaturing process
 23.02 A II a)                    Brans, sharps and other residues derived from the sifting, milling or working                     0·849
                                  of maize or rice, of a starch content not exceeding 28 % by weight and of
                                  which the percentage which passes through a sieve with an aperture of 0·2 mm
                                  does not exceed 10 % by weight or of which the sifted product has an ash
                                  content, calculated on dry matter, not exceeding 1·5 % by weight
 23.02 A II b )                   Brans, sharps and other residues derived from the sifting, milling or working of                  0·849
                                  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
                                  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 respect of maize, groats and meal :
    — of which a percentage not exceeding 30 °/o passes through a sieve with an aperture of 315 microns,
    — of which a percentage not exceeding 5 °/o of product passes through a sieve with an aperture of 150 microns.
(*) p.'Hulled
         46).
                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.'Pearled
         46).
                grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6 1968
(') Pursuant to Regulation No 189/66/EEC the product falling within subheading No 17.02 B I enjoys the same export refund as the product fal­
    ling within subheading No 17.02 B II .                                                                                        r