CELEX: 31981R1748
Language: en
Date: 1981-07-01 00:00:00
Title: Commission Regulation (EEC) No 1748/81 of 30 June 1981 fixing the export refunds on products processed from cereals and rice

1 . 7. 81                                Official Journal of the European Communities                          No L 175/9
                                     COMMISSION REGULATION (EEC) No 1748/81
                                                         of 30 June 1981
                     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 (7), as last amended by Regulation (EEC) No
Economic Community,                                                 2245/78 (8), defines the specific criteria to be taken
                                                                    into 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 (J), as last amended by
Regulation (EEC) No 1187/81 (2), and in particular the              Whereas, on the basis of the criteria laid down in
fourth subparagraph of Article 16 (2) thereof,                      Regulation (EEC) No 2744/75, particular account
                                                                    should be taken of the prices and quantities of basic
                                                                    products used to calculate the variable component of
Having regard to Council Regulation (EEC) No                        the levy ; whereas Article 8 of Regulation (EEC) No
 1418/76 of 21 June 1976 on the common organiza­                    2744/75 and Article 1 of Regulation (EEC) No
tion of the market in rice (3), as last amended by the              1 077/68 (9), as amended by Regulation (EEC) No
Act of Accession of Greece (4), and in particular the               2764/71 (10), provide that the amount of the export
fourth subparagraph of Article 17 (2) thereof,                      refund should, for certain products, be reduced by an
                                                                    amount equal to the production refund granted in
Having regard to the opinion of the Monetary                        respect of the basic product ;
Committee,
Whereas Article 16 of Regulation (EEC) No 2727/75                   Whereas it follows from applying these detailed rules
and Article 17 of Regulation (EEC) No 1418/76                       to the present situation on the market in products
provide that the difference between quotations or                   processed from cereals and rice that the export refund
 prices on the world market for the products listed in              should be fixed at an amount which will cover the
Article 1 of those Regulations and prices for those                 difference between Community prices and world
 products within the Community may be covered by                    market prices ;
 an export refund ;
 Whereas Article 2 of Council Regulation (EEC) No
 2746/75 of 29 October 1975 (5), and Article 2 of                   Whereas when the refund is being calculated account
 Council Regulation (EEC) No 1431 /76 of 21 June                    should be taken of the quantities of raw materials
 1976 (6) laying down general rules for granting export             used to determine the variable component of the
 refunds on cereals and rice respectively and criteria for           levy ; whereas the quantities of raw materials used for
 fixing the amount of such refunds, provide that when                certain processed products may vary according to the
 refunds are being fixed account must be taken of the                end use of the product ; whereas, depending on the
 existing situation and the future trend with regard to              manufacturing process used, products other than the
 prices and availabilities of cereals, rice and broken rice          main product are obtained, the quantity and value of
 on the Community market on the one hand and                         which may vary with the nature and quality of the
 prices for cereals, rice, broken rice and cereal products           main products being manufactured ; whereas cumula­
 on the world market on the other ; whereas the same                 tion of the refunds on the various products manufac­
 Articles provide that it is also important to ensure                tured by a single process from the same basic product
 equilibrium and the natural development of prices                   may make it possible, in certain cases, to export to
 and trade on the markets in cereals and rice and,                   third countries at prices which are lower than world
 furthermore, to take into account the economic aspect               market prices ; whereas the refund on certain products
                                                                     should therefore be limited to an amount which,
 of the proposed exports, and the need to avoid distur­
 bances on the Community market ;                                    while allowing access to the world market, will ensure
                                                                     that the aims of the common organization of the
 (>) OJ No L 281 , 1 . 11 . 1975, p. 1 .                             markets are respected ;
 I2) OJ No L 121 , 5. 5. 1981 , p. 1 .
 P)  OJ No  L  166,  25. 6. 1976, p. 1 .                             (7) OJ No L 281 , 1 . 11 . 1975, p. 65.
 (4) OJ No  L  291 ,  19. 11 . 1979, p. 17.                          (8) OJ No L 273, 29 . 9 . 1978 , p. 1 .
 (5) OJ No  L  281 ,  1 . 11 . 1975, p. 78.                          (9) OJ No L 181 , 27. 7. 1968, p. 1 .
 (') OJ No  L  166,  25. 6. 1976, p. 36.                             (I0) OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak---   No L 175/ 10                         Official Journal of the European Communities                               1 . 7. 81
 Whereas the refund to be granted in respect of certain           specific requirements laid down by Regulation (EEC)
  processed products should be graduated on the basis             No 663/81 P);
  of the ash, crude fibre, tegument, protein, fat and
 starch content of the individual product concerned,              Whereas, if the refund system is to operate normally,
 this content being a particularly good indicator of the          refunds should be calculated on the following basis :
 quantity of basic product actually incorporated in the           — in the case of currencies which are maintained in
 processed product ;                                                    relation to each other at any given moment within
 Whereas there is no need at present to fix an export
                                                                        a band of 2-25 % , a rate of exchange based on
                                                                        their effective parity,
 refund for manioc, other tropical roots and tubers or
  flours obtained therefrom, given the economic aspect            — for other currencies, an exchange rate based on the
 of potential exports and in particular the nature and                  arithmetic mean of the spot market rates of each
 origin of these products ; whereas, for certain products               of these currencies recorded for a given period in
 processed from cereals, the insignificance of Commu­                   relation to the Community currencies referred to
 nity participation in world trade makes it unnecessary                 in the previous indent ;
 to fix an export refund at the present time ;
                                                                  Whereas the refund must be fixed once a month ;
 Whereas the world market situation or the specific               whereas it may be altered in the intervening period ;
 requirements of certain markets may make it neces­
 sary to vary the refund for certain products according           Whereas the measures provided for in this Regulation
 to destination ;                                                 are in accordance with the opinion of the Manage­
                                                                  ment Committee for Cereals,
 Whereas Regulation (EEC) No 2806/71 (*) lays down
 additional rules for granting export refunds for certain
 products processed from cereals and rice ;                       HAS ADOPTED THIS REGULATION :
 Whereas the Commission has decided to grant a
 special refund for the export to Poland of a maximum                                       Article 1
 of 10 000 tonnes of husked barley, of 10 000 tonnes of
 barley flakes and of 5 000 tonnes of oat flakes and             The export refunds on the products listed in Article 1
 made such grant subject to compliance with specific             (d) of Regulation (EEC) No 2727/75 and in Article 1
 requirements laid down in Regulation (EEC) No                   ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
 1688/81 (2) ;                                                   Regulation (EEC) No 2744/75 are hereby fixed as
                                                                 shown in the Annex to this Regulation.
 Whereas the Commission has decided to grant a
 special refund for the export to Poland of a maximum                                       Article 2
 of 10 000 tonnes of certain processed barley products
 and made such grant subject to compliance with the              This Regulation shall enter into force on 1 July 1981 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 30 June 1981 .
                                                                              For the Commission
                                                                                  The President
                                                                                 Gaston THORN
(>) OJ No L 284, 28 . 12. 1971 , p. 9 .
(•2) OJ No L 169, 26. 6 . 1981 , p. 22.                          (3) OJ No L 69, 14. 3 . 1981 , p. 19 .
 ---pagebreak--- 1 . 7. 81                            Official Journal of the European Communities                                 No L 175/ 11
                                                             ANNEX
                 to the Commission Regulation of 30 June 1981 fixing the export refunds on products
                                              processed from cereals and rice
                                                                                                                     (ECU/tonne)
            Number
       in nomenclature                               Nomenclature in simplified wording                               Refund
       used for refunds
     11.01 C (I)           Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by             82-85
                           weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by
                           weight
    11.01 C (II)           Barley flour not included under No 11.01 C (I)                                               —
     11.01 D (I)           Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 % by weight,        22-57
                           of a crude fibre content, referred to dry matter, not exceeding 1 -8 % by weight, of a
                            moisture content not exceeding 1 1 % and of which the peroxydase is virtually
                            inactivated
     11.01 D (II)          Oat flour not included under No 11.01 D (I)                                                  —
     11.01 E (I)           Maize flour, of a fat content, referred to dry matter, not exceeding 1 -3 % by weight       83-26
                           and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by weight
     11.01 E (II)           Maize flour, of a fat content, referred to dry matter, exceeding 1-3 % but not               —
                            exceeding 1 -7 % 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)                                       —
     11.01 F                Rice flour                                                                                   —
     1 1.02 A III (a)       Barley groats and meal, of an ash content, referred to dry matter, not exceeding           85-61
                            1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                            0-9 % by weight
     1 1.02 A III (b)       Barley groats and meal not included under No 1 1 .02 A III (a)                               —
     1 1.02 A IV (a)        Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2-3 %        22-57
                            by weight, of a tegument content not exceeding 0-1 % , of a moisture content not
                            exceeding 1 1 % and of which the peroxydase is virtually inactivated
     1 1.02 A IV (b)        Oat groats and meal not included under No 1 1.02 A IV (a)                                    —
     1 1.02 A V (a)         Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0-9 %      107-05
                            by weight and a crude fibre content, referred to dry matter, not exceeding 0-6 % by
                            weight (')
     1 1 .02 A V (b)        Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1 -3 %       83-26
                            by weight and of a crude fibre content, referred to dry matter, not exceeding 0-8 %
                            by weight (')
     1 1.02 A V (c)         Maize groats and meal, of a fat content, referred to dry matter, exceeding 1-3 % by        71-36
                            weight but not exceeding 1 -7 % by weight and of a crude fibre content, referred to
                            dry matter, not exceeding 1 % by weight (')
     1 1.02 A VI            Rice groats and meal                                                                         —
     1 1.02 B I a) 1 (aa)   Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not
                            exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                            exceeding 0-9 % by weight (2)
                             For export to :
                            — Poland                                                                                   109-22 0
                            — Other destinations                                                                        82-85
      11.02 B I a) 1 (bb)    Hulled (shelled or husked) barley not included under No 1 1.02 B I a) 1 (aa) (2)            —
      11.02 B I a) 2 (aa)    Clipped oats                                                                                —
 ---pagebreak--- No L 175/ 12                           Official Journal of the European Communities                                  1 . 7 . 81
                                                                                                                   (ECU/tonne)
         Number
     in nomenclature                                     Nomenclature in simplified wording                         Refund
     used for refunds
  1 1.02 B I a) 2 bb) (1 1 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not         20-06
                             exceeding 2-3 % by weight, of tegument content not exceeding 0-5 % of a
                             moisture content not exceeding 1 1 % 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 1 1.02 B I a) 2 bb) (1 1 ) (2)    —
  1 1.02 B I b) 1 (aa)       Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not     82-85
                             exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                             exceeding 0-9 % by weight ('Grütze' or 'Grutten') (2)
  1 1.02 B lb) 1 (bb)        Hulled and sliced or kibbled barley, not included under No U .02 B I b) 1 (aa)           —
                             ('Grütze' or 'Grutten') (2)
  1 1.02 B I b) 2 (aa)       Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not       21-32
                             exceeding 2-3 % by weight, of a tegument content not exceeding 01 % , of a
                             moisture content not exceeding 1 1 % and of which the peroxydase is virtually
                             inactivated ('Grütze' or 'Grutten') (2)
  1 1.02 B I b) 2 (bb)       Hulled and sliced or kibbled oats not included under No 1 1.02 B I b) 2 (aa)             —
                             ('Grütze' or 'Grutten') (2)
  1 1.02 B II a) ( 1 )       Hulled (shelled or husked) wheat, not sliced or kibbled (2)                              —
  1 1.02 B II c) ( 1 )       (1 ) Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not
                             exceeding 0-9 0/0 by weight and of a crude fibre content, referred to dry matter,
                             not exceeding 0-6 % by weight ('gruetze' or 'grutten') (2)                              89-21
  1 1.02 C III (a)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by        110-46
                             weight (without talc) — 1st category (3)
  1 1.02 C III (b)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by         88-37
                             weight (without talc) — 2nd category (3)
  1 1.02 C IV                Pearled oats (3)                                                                         —
  11.02 D I                  Wheat not otherwise worked than kibbled
  1 1.02 D II                Rye not otherwise worked than kibbled                                                   1 8 ■()()
  1 1.02 E I b) 1 (aa)        Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by weight
                             and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by weight
                             For export to :
                             — Poland                                                                               109-22 0
                             — Other destinations                                                                    82-85
   1 1.02 E I b) 1 (bb)       Flaked barley not included under 1 1 .02 E I b) 1 (aa)                                   —
   1 1.02 E I b) 2 (aa)       Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by
                             weight, of a tegument content not exceeding 0-1 % , of a moisture content not
                              exceeding 12 % and of which the peroxydase is virtually inactivated
                              For export to :
                             — Poland                                                                                 72-08 0
                             — Other destinations                                                                    25-08
   11.02 E I b) 2 (bb)        Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by
                              weight, of a tegument content exceeding 0-1 % but not exceeding 1-5 % , of a
                              moisture content not exceeding 1 2 % and of which the peroxydase is virtually
                              inactivated
                              For export to :
                              — Poland                                                                                57-66 Q
                             — Other destinations                                                                    20-06
   1 1.02 E I b) 2 (cc)       Flaked oats not included under Nos 1 1.02 E I b) 2 (aa) and 1 1.02 E I b) 2 (bb)         —
  ex 1 1 .02 E II c) ( 1 )    Flaked maize, of a fat content, referred to dry matter, not exceeding 0 9 % by         95-15
                              weight and of a crude fibre content, referred to dry matter, not exceeding 0 '7 % by
                              weight
 ---pagebreak--- 1 . 7. 81                        Official Journal of the European Communities                                No L 175/ 13
                                                                                                                (ECU/tonne)
           Number
       in nomenclature                             Nomenclature in simplified wording                            Refund
       used for refunds
ex 1 1.02 E II c) (2)   Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 % by            77-31
                        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 % but not
                        exceeding 1 -7 % by weight and of a crude fibre content, referred to dry matter, not
                        exceeding 1 % by weight
     11.02 E II d) 1    Flaked rice                                                                                —
     1 1.02 F III       Barley pellets                                                                             —
     11.02 F IV         Oat pellets                                                                                —
     11.02 F V          Maize pellets                                                                              —
     1 1.02 G I         Wheat germ, whole, rolled, flaked or ground                                               18-23
     1 1.02 G II        Germ of cereals other than wheat, whole, rolled, flaked or ground                         14-87
     1 1.07 A I a)      Unroasted malt, obtained from wheat, in the form of flour                                129-76
     11.07 A II a)      Unroasted malt, other than that obtained from wheat, in the form of flour                 98-31
     11.08 AI           Maize starch 0                                                                            68 01
     11.08 All          Rice starch (*)                                                                            —
     11.08 AHI          Wheat starch (*)                                                                         106-11
     11.08 AIV          Potato starch (*)                                                                         68-01
     11.08 AV           Starches other than maize, rice, wheat, or potato starch (*)                               —
     11.09 A            Dried wheat gluten, of a protein content, referred to dry matter, of 82 % or more        129-26
                        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        88-70
                        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               68-01
                        weight of the pure product, other than glucose in the form of white crystalline
                        powder, whether or not agglomerated (4)
     21.07 F II         Flavoured or coloured glucose and glucose syrup, other than in the form of white          68-01
                        crystalline powder, whether or not agglomerated
     23.02 A I a)       Brans sharps and other residues derived from the sifting, milling or working of            15-01
                        maize or rice of a starch content not exceeding 35 % by weight
     23.02 A I b) 2      Brans, sharps and other residues derived from the sifting, milling or working of          15-01
                         maize or rice, of a starch content exceeding 35 % by weight, and not having under­
                        gone 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 of          15-01
                         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, calcu­
                         lated 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          15-01
                         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                33-79
                         steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                         by weight (N x 6-25)
 ---pagebreak--- No L 175/ 14                            Official Journal of the European Communities                                     1 . 7. 81
(') The export refund is paid in respect of maize, groats and meal :
    — of which a percentage not exceeding 30 % passes through a sieve with an aperture of 315 microns,
    — of which a percentage not exceeding 5 % passes through a sieve with an aperture of 150 microns.
(2) '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).
(4) 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 subheading 17.02 B II.
    The export refund is granted on products falling within this subheading which have a starch content of not less than 85 % by
    weight.
(6) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by
    weight.
P) Grant of this refund is subject to the provisions of Article 2 of Regulation (EEC) No 1688/81 .