CELEX: 31987R2311
Language: en
Date: 1987-08-01 00:00:00
Title: Commission Regulation (EEC) No 2311/87 of 31 July 1987 fixing the export refunds on products processed from cereals and rice

1 . 8 . 87                                  Official Journal of the European Communities                                  No L 210/ 11
                                       COMMISSION REGULATION (EEC) No 2311 /87
                                                            of 31 July 1987
                         fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           system for products processed            from cereals and from
                                                                      rice Q, as last amended by                Regulation (EEC) No
Having regard to the Treaty establishing the European                  1906/87 (8), defines the specific      criteria to be taken into
Economic Community,                                                   account when the refund on              these products is being
                                                                      calculated :
Having regard to the Act of Accession of Spain and
Portugal,                                                             Whereas, on the basis of the criteria laid down in Regula­
                                                                      tion (EEC) No 2744/75, particular account should be
Having regard to Council Regulation (EEC) No 2727/75                  taken of the prices and quantities of basic products used
of 29 October 1975 on the common organization of the                  to calculate the variable component of the levy ; whereas
market in cereals ('), as last amended by Regulation (EEC)            Article 8 of Regulation (EEC) No 2744/75 and Article 1
No 1900/87 (2), and in particular the fourth subparagraph             of Commission Regulation (EEC) No 1077/68 (®), as
of Article 16 (2) thereof,                                            amended by Regulation (EEC) No 2764/71 ()0), provide
                                                                      that the amount of the export refund should, for certain
                                                                       products, be reduced by an amount equal to the produc­
Having regard to Council Regulation (EEC) No 1418 /76
                                                                       tion refund granted in respect of the basic products ;
of 21 June 1976 on the common organization of the
market in rice (3), as last amended by Regulation (EEC)
No 1907/87 (4), and in particular the fourth subparagraph
of Article 17 (2) thereof,                                            Whereas it follows from applying these detailed rules to
                                                                       the present situation on the market in products processed
                                                                       from cereals and rice that the export refund .should be
Having regard to the opinion of the Monetary Committee,                fixed at an amount which will cover the difference
                                                                       between Community prices and world market prices ;
Whereas Article 16 of Regulation (EEC) No 2727/75 and
Article 17 of Regulation (EEC) No 1418 /76 provide that
the difference between quotations or prices on the world              Whereas when the refund is being calculated account
market for the products listed in Article 1 of those Regu­             should be taken of the quantities of raw materials used to
lations and prices for those products within the Commu­                determine the variable component of the levy ; whereas
nity may be covered by an export refund ;                              the quantities of raw materials used for certain processed
                                                                       products may vary according to the end use of the
Whereas Article 2 of Council Regulation (EEC) No                       product ; whereas, depending on the manufacturing
2746/75 (*), and Article 2 of Council Regulation (EEC) No              process used, products other than the main product are
1431 /76 (6) laying down general rules for granting export             obtained, the quantity and value of which may vary with
refunds on cereals and rice respectively and criteria for              the nature and quality of the main products being manu­
fixing the amount of such refunds, provide that when                   factured ; whereas cumulation of the refunds on the
refunds are being fixed account must be taken of the exis­             various products manufactured by a single process from
ting situation and the future trend with regard to prices              the same basic product may make it possible, in certain
and availabilities of cereals, rice and broken rice on the             cases, to export to third countries at prices which are
Community market on the one hand and prices for                        lower than world market prices ; whereas the refund on
cereals, rice, broken rice and cereal products on the world            certain products should therefore be limited to an amount
market on the other ; whereas the same Articles provide                which, while allowing access to the world market, will
that it is also important to ensure equilibrium and the                ensure that the aims of the common organization of the
natural development of prices and trade on the markets in              markets are respected ;
cereals and rice and, furthermore, to take into account the
economic aspect of the proposed exports, and the need to
avoid disturbances on the Community market ;                           Whereas the refund to be granted in respect of certain
                                                                       processed products should be graduated on the basis of
Whereas Article 6 of Council Regulation (EEC) No                       the ash, crude fibre, tegument, protein, fat and starch
2744/75 of 29 October 1975 on the import and export                    content of the individual product concerned, this content
                                                                       being a particularly good indicator of the quantity of basic
                                                                        product actually incorporated in the processed product ;
(') OJ   No L  281 , 1 . 11 . 1975, p. 1 .
(2) OJ   No L  182,  3 . 7. 1987.
0   OJ   No L  166,  25. 6. 1976, p. 1 .                               0 OJ No     L 281 , 1 . 11 . 1975, p . 65 .
(<) OJ   No L  182,  3 . 7. 1987, p. 51 .                              (8) OJ No   L 182, 3 . 7. 1987, p. 49 . ,
0   OJ   No L  281 , 1 . 11 . 1975, p. 78 .                            0 OJ No     L 181 , 27. 7. 1968 , p. 1 .
(«) OJ   No L  166,  25. 6. 1976, p. 36.                               (10) OJ No   L 283, 24. 12. 1971 , p. 30 .
 ---pagebreak--- No L 210/ 12                             Official Journal of the European Communities                                  1 . 8 . 87
Whereas there is no need at present to fix an export                   tion to the Community currencies referred to in the
refund for manioc, other tropical roots and tubers or                  previous indent, and the aforesaid coefficient ;
flours obtained therefrom, given the economic aspect of
potential exports and in particular the nature and origin          Whereas the refund must be fixed once a month ;
of these products ; whereas, for certain products processed        whereas it may be altered in the intervening period ;
from cereals, the insignificance of Community participa­           Whereas, pursuant to Article 275 of the Act of Accession
tion in world trade makes it unnecessary to fix an export          of Spain and Portugal, refunds may be granted in the case
refund at the present time ;                                       of exports to Portugal ; whereas, in the light of the situa­
Whereas the world market situation or the specific requi­          tion and the level of prices no refund should be fixed in
rements of certain markets may make it necessary to vary
                                                                   the case of exports to Portugal ;
the refund for certain products according to destination ;         Whereas the measures provided for in this Regulation are
                                                                   in accordance with the opinion of the Management
Whereas Commission Regulation (EEC) No 2806/71 (')                 Committee for Cereals,
lays down additional rules for granting export refunds for
certain products processed from cereals and rice ;
                                                                   HAS ADOPTED THIS REGULATION :
Whereas, if the refund system is to operate normally,
refunds should be calculated on the following basis :                                       Article 1
— in the case of currencies which are maintained in rela­          The export refunds on the products listed in Article 1 (d)
     tion to each other at any given moment within a band          of Regulation (EEC) No 2727/75 and in Article 1 ( 1 ) (c) of
     of 2,25 % , a rate of exchange based on their central         Regulation (EEC) No 1418/76 and subject to Regulation
     rate, multiplied by the corrective factor provided for in     (EEC) No 2744/75 are hereby fixed as shown in the
     the last paragraph of Article 3 ( 1 ) of Council Regula­      Annex to this Regulation .
     tion (EEC) No 1676/85 (2), as last amended by Regula­         The refund on export to Portugal has not been fixed.
     tion (EEC) No 1 636/87 (-»),
— for other currencies, an exchange rate based on the                                       Article 2
     arithmetic mean of the spot market rates of each of
     these currencies recorded for a given period in rela­         This Regulation shall enter into force on 1 August 1987.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 31 July 1987.
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
(') OJ No L 284, 28 . 12. 1971 , p . 9 .
0 OJ No L 164, 24. 6 . 1985, p . 1 .
(s) OJ No L 153 , 13 . 6 . 1987, p . 1 .
 ---pagebreak--- 1 . 8 . 87                                 Official Journal of the European Communities                                 No L 210/ 13
                                                                   ANNEX
                        to the Commission Regulation of 31 July 1987 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         154,40
                                  weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                                  weight
     1 1.01 C (II)                Barley flour not included under No 11.01 C (I)                                          104,99
     11.01 D (I)                  Oat flour, of an ash content, referred to dry matter, not exceeding 2,3 % by weight,    182,72
                                  of a crude fibre content, referred to dry matter, not exceeding 1,8 % by weight, of a
                                  moisture content not exceeding 11 % 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    207,84
                                  and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                                  weight I7)
     11.01 E (II)                 Maize flour, of a fat content, referred to dry matter, exceeding 1,3 % but not          178,15
                                  exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not
                                  exceeding 1 % by weight Q
     11.01 E (III)                Maize flour not included under No 11.01 E (I) and (II) Q                                  —
     11.01 F                      Rice flour                                                                                —
     11.02 A III (a)'             Barley groats and meal, of an ash content, referred to dry matter, not exceeding        159,54
                                   1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                                  0,9 % by weight
     11.02 A III (b)              Barley groats and meal not included under No 1 1 .02 A III (a)                            —
     11.02 A IV (a)               Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2,3 %     182,72
                                  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
     11.02 A IV (b)               Oat groats and meal not included under No 11.02 A IV (a)                                  —
     11.02 A V (a)                Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0,9 %    267,23
                                  by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                                  weight (') (8)
     11.02 A V(b)                 Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1,3 %    207,84
                                  by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
                                  by weight (') (8)
     11.02 A V(c)                 Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by     178,15
                                  weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to
                                   dry matter, not exceeding 1 % by weight (') (8)
      11.02 AVI                    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      154,40
                                   exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                                   exceeding 0,9 % by weight (2)
      1 1 .02 B I a) 1 (bb)        Hulled (shelled or husked) barley not included under No 1 1 .02 B I a) 1 (aa) (2)        —
      1 1 .02 B I a) 2 (aa)        Clipped oats                                                                             —
 ---pagebreak--- No L 210 / 14                           Official Journal of the European Communities                                   1 . 8 . 87
                                                                                                                     (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       162,42
                              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)
   1 1 .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)   —
   11.02 Bib) 1 (aa)          Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not   154,40
                              exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0,9 % by weight ('Griitze' or 'Grutten') (2)
   11.02 B I b) 1 (bb)        Hulled and sliced or kibbled barley, not included under No 1 1 .02 B I b) 1 (aa)        —
                              ('Griitze' 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     172,57
                              exceeding 2,3 % 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 ('Griitze' 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)            —
                              ('Griitze' or 'Grutten') (2)
   11.02 B II a) ( 1 )        Hulled (shelled or husked) wheat, not sliced .or kibbled (2)                            —     ■
   1 1.02 B II c) ( 1 )       Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not      222,69
                              exceeding 0,9 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0,6 % by weight ('Gruetze' or 'Grutten') (2) (8)
   1 1.02 B II c) (2)         Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not      170,73
                              exceeding 1,3 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0,8 % by weight ('Gruetze' or 'Grutten') (2) (8)
   11.02 CIII (a)             Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by       205,86
                              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       164,69
                              weight (without talc) — 2nd category (3)
   11.02 CIV                  Pearled oats (3)                                                                        —
   11.02 D I                  Wheat not otherwise worked than kibbled                                                98,00
   11.02 D II                 Rye not otherwise worked than kibbled                                                  98,00
   11.02 E lb) 1 (aa)         Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by        154,40
                              weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                              weight
   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        203,02
                              weight, of a tegument content not exceeding 0,1 % , of a moisture content not
                              exceeding 12 % and of which the peroxydase is virtually inactivated
   1 1 .02 E I b) 2 (bb)      Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by        162,42
                              weight, of a tegument content exceeding 0,1 % but not exceeding 1,5 %, of a
                              moisture content not exceeding 12 % and of which the pferoxydase is virtually
                              inactivated
   1 1.02 E I b) 2 (cc)       Flaked oats not included under Nos 1 1.02 E I b) 2 (aa) and 11.02 E I b) 2 (bb)         —
   11.02 Ella                 Flaked wheat                                                                          113,56
ex 1 1.02 E lie) ( 1 )        Flaked maize, of a fat content, referred to dry matter, not exceeding 0,9 % by        237,54
                              weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                              weight
 ---pagebreak--- 1 . 8 . 87                         Official Journal of the European Communities                               No L 210/ 15
                                                                                                                 (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        193,00  .
                          weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                          weight
ex 1 1.02 E lie) (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                                                                             —
     11.02 Fill           Barley pellets                                                                          —
     11.02 F IV           Oat pellets                                                                             —
     11.02 F V            Maize pellets                                                                           —
     11.02G I             Wheat germ, whole, rolled, flaked or ground                                            27,83
     1 1.02 G II          Germ of cereals other than wheat, whole, rolled, flaked or ground                      37,12
     11.07 A I a)         Unroasted malt, obtained from wheat, in the form of flour                             198,17
     11.07 A II a)        Unroasted malt, other than that obtained from wheat, in the form of flour             183,22
     11.08 A I            Maize starch (*)                                                                      221,54
     11.08 All            Rice starch (^                                                                        293,39
     11.08 A III          Wheat starch 0                                                                        194,66
     11.08 A IV           Potato starch (6)                                                                     221,54
     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, of 82 % or more     260,84
                          by weight (N x 6,25)
     17.02 B II a)        Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %     289,38
                          or more by weight of the pure product, in the form of white crystalline powder,
                          whether or not agglomerated (4)
     17.02 B lib)         Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­      221,54
                          ing, 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)
     17.02 F II a)        Caramel, other than caramel containing 50 % or more by weight of sucrose in the       303,23
                          dry matter, in the form of powder, whether or not agglomerated
     17.02 F lib)         Caramel, other than caramel containing 50 % or more by weight of sucrose in the       210,46
                          dry matter, other than in the form of powder
     21.07 F II           Flavoured or coloured glucose syrup, and malto-dextrine syrup                         221,54
     23.02 A I a)         Brans sharps and other residues derived from the sifting, milling or working of        29,02
                          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       29,02
                          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        29,02
                          cereals other than 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        29,02
                          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            110,76
                          steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                          by weight (N x 6,25)
 ---pagebreak--- No L 210 / 16                                  Official Journal of the European Communities                                                     1 . 8 . 87
(') The export refund is paid in respect of maize, gToats 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).                                                                         .
(-') '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.
0 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.
Q The analytical method to be used for the determination of the fatty matter content is that printed in Annex I (method A) to Directive 84/4/EEC (OJ No L
      15, 18 . 1 . 1984, p. 28).                                                                                                           •
(") The procedure to be followed for the determination of the fatty matter content is as follows :
     — the sample has to be crushed so that 90 % or more can pass through a sieve with an aperture of 500 microns and 100 % can pass through a sieve with
          an aperture of 1 000 microns,
     — the analytical method to be used afterwards is that ' which is printed in Annex I (Method A) to Directive 84/4/EEC (OJ No L 15,
          18 . 1 . 1984, p. 28).                                                                                                       i