CELEX: 31974R2286
Language: en
Date: 1974-09-06 00:00:00
Title: Regulation (EEC) No 2286/74 of the Commission of 5 September 1974 fixing the export levies on cereals

6. 9 . 74                                Official Journal of the European Communities                          No L 244/5
                              REGULATION (EEC) No 2286/74 OF THE COMMISSION
                                                      of 5 September 1974
                                               fixing the export levies on cereals
THE COMMISSION OF THE EUROPEAN                                     Whereas, in view of the relationship between the basic
COMMUNITIES,                                                        product and the products processed from it and given
                                                                    the market situation for certain processed products, an
                                                                    export levy for certain of these products must also be
Having regard to the Treaty establishing the European               fixed ;
Economic Community ;
Having regard to Council Regulation No 120/                         Whereas the threshold prices for the 1974/75
67/ EEC (x ) of 13 June 1967 on the common organiza­                marketing year were fixed by Council Regulation
tion of the market in cereals, as last amended by Regu­             (EEC) No 1427/74 (5) of 4 June 1974 ;
lation (EEC) No 1996/74 (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 rules               account must be taken of the existing situation and
to be applied in the event of the cereals market being              the future trend with regard to prices and availabilities
disturbed, as last amended by Regulation (EEC) No                   of cereals on the Community market on the one hand
676/74 (4) and in particular Article 4(2) thereof ;                 and prices for cereals and cereal products on the word
                                                                    market on       the other ; whereas the same article
Having regard to the Opinion of the Monetary                        provides that it is also important to ensure equili­
Committee ;                                                         brium and the natural development of prices and
                                                                    trade on cereal markets and furthermore , to take into
                                                                    account the economic aspect of the proposed exports
Whereas Article 19 of Regulation No 120/ 67/ EEC                    and the need to avoid disturbances on the Commu­
provides that the necessary measure may be taken if                 nity market ;
the cif price of one or more products is appreciably
higher than the threshold price and if that situation is
likely to continue thereby disturbing or threatening to             Whereas for the products, other than starches, listed
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 Regula­
                                                                    tion (EEC) No 1968 /73 must also be taken into
Whereas Regulation (EEC) No 1968/73 specifies that                  account ;
the cif price may be regarded as appreciably higher
than the threshold price when it exceeds it by at least
2 % ; whereas this excess may be regarded as being
likely to continue where an imbalance between supply                Whereas the export levy may be varied if the world
and demand is established and where this imbalance                  market situation or the specific requirements of
is likely to persist having regard to foreseeable produc­           certain markets make this necessary ;
tion and market price trends ;
                                                                    Whereas, if the levy system is to operate normally, the
Whereas the high level of prices in international trade             following should be used to calculate the levies :
could impede importation of common wheat, barley,
rye, oats, maize, millet and sorghum into the Commu­
nity or provoke exportation from the Community ;                    — for currencies the exchange rates for which are
                                                                         kept at any given moment within a band of
                                                                         2-25 % , at a conversion rate based on their actual
Whereas the situation described above can be said to                     parity ;
exist at the present time ; whereas to ensure supplies
in the Community an export levy should be intro­                    — for other currencies a conversion rate based on the
duced for common wheat, barley, rye, oats, maize,                        arithmetic mean of the spot market rates for each
millet and sorghum ;                                                     of these currencies against the Community curren­
                                                                         cies referred to in the preceding paragraph over a
(») OJ  No  117, 19 . 6 . 1967, p. 2269/67.                              specified period ;
(2) OJ  No  L 209, 31 . 7. 1974, p. 1 .
(3) OJ  No  L 201 , 21 . 7. 1973, p. 10 .
H   OJ  No  L 83 , 28 . 3 . 1974, p. 3 .                            (5) OJ No L 151 , 8 . 6 . 1974 , p. 1 .
 ---pagebreak--- No L 244/6                       Official Journal of the European Communities                             6. 9 . 74
Whereas it follows from applying the rules outlined         HAS ADOPTED THIS REGULATION :
above to the present situation on the market in                                   Article 1
cereals, and in particular to quotations or prices for
these products within the Community and on the              The export levies referred to in the first indent of
world market, that the export levies, should be fixed       Article 2(1 ) of Regulation (EEC) No 1968 /73 are
as shown in the Annex to this Regulation ;                  hereby fixed at the amounts shown in the Annex.
                                                                                  Article 2
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­           This Regulation shall enter into force on 6 September
ment Committee for Cereals,                                 1974 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 5 September 1974.
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                   Member of the Commission
 ---pagebreak---  6. 9 . 74                                Official Journal of the European Communities                         No L 244/7
                                                                 ANNEX
                 to the Commission Regulation of 5 September 1974 fixing the export levy in the cereal sector
  CCT heading
       No                                                       Description                                   u . a . /metric ton
ex 10.01 A               Common wheat and meslin, excluding officially certified seeds (*)                             55-00
ex 10.02                 Rye, excluding officially certified seeds (*)                                                    0
ex 10.03                 Barley, excluding officially certified seeds (1 )                                            35-00
ex 10.04                 Oats, excluding officially certified seeds (1)                                                17-00
   10.05 B              Maize other than hybrid maize for sowing                                                      50-00
    10.07 B             Millet                                                                                         20-00
   10.07 G              Grain sorghum                                                                                 35-00
ex 11.01 A              Wheat flour                                                                                   27-00
   11.02 A I a )        Durum wheat groats and meal
   11.02 A lb )         Common wheat groats and meal                                                                  27-00
   11.01                Flour of cereals :
                        C. Barley flour                                                                                  0
                        D. Oat flour                                                                                     0
                        E. Maize flour :
                             I. Of a fat content not exceeding 1-5 ®/o by weight                                         0
                            II. Other
                        H. Millet flour
                        K. Grain sorghum flour
   11.02                Cereal groats and cereal meal ; other worked cereal grains (for example, rolled,
                        flaked, polished, pearled or kibbled, but not further prepared), except husked,
                        glazed, polished or broken rice ; germ of cereals, whole, rolled, flaked or ground :
                        A. Cereal groats and cereal meal :
                               II . Rye
                              III . Barley :
                                    a) Of an ash content not exceeding 1 % by weight                                    0
                                    b) Barley groacs and meal not included under No 11.02 A III a)
                              IV . Oats :
                                    a) Of an ash content not exceeding 2-3 °/e by weight                                0
                                    b) Oat groats and meal not included under No 11.02 A IV a)
 ---pagebreak--- No L 244/ 8                        Official Journal of the European Communities                       6. 9 . 74
  CCT heeding
      No                                                 Description                           u. a. /metric ton
11.02                V. Maize :
(cont'd)
                          a) Of a fat content not exceeding 1-5 % by weight :
                               1 . For the brewing industry                                             0
                               2. Other                                                                 0
                          b) Other                                                                     —
                 VIII . Millet                                                                         —
                    IX. Grain sorghum                                                                  —
              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 . Oats :
                                aa) Clipped oats                                                       —
                                bb) Other :
                                    ( 11 ) Of an ash content not exceeding 2-3 % by weight (*)          0
                                     (22) Other (2)                                                    —
                           4. Millet                                                                   —
                       b) Hulled and sliced or kibbled ('Grütze or grutten') :
                           1 . Barley («)
                           2 . Oats :
                                aa) Of an ash content not exceeding 2-3 % by weight (*)                 0
                                bb) Other (*)                                                          —
                           4 . Millet (')                                                               —
                 II . Other cereals :
                       a) Wheat (*)                                                                     —
                       b) Rye (·)                                                                       —
                       c) Maize (*)                                                                     —
                       d ) Grain sorghum (*)                                                            —
              C. Pearled grains :
                      I. Wheat (»)                                                                      —
                     II . Rye (8)                                                                      —
                    III . Barley :
                          a) Of an ash content (without talc) not exceeding 1 % by weight —
                               1st category (3)                                                         0
                          b) Other (8)                                                                 —
                    IV. Oats (8)                                                                       —
                     V. Maize (*)                                                                      —
                   VII. Millet (»)                                                                     —
                 VIII. Grain »orghum                                                                    —
 ---pagebreak--- 6. 9 . 74                         Official Journal of the EuroDean Communities No L 244/9
  CCT heading
      \n                                              Descri r>tion            u. a. /metric fon
11.02         D. Grains not otherwise worked than kibbled :
(cont'd)              I. Wheat                                                          —
                     II . Rye                                                           —
                    III . Barley                                                        —
                    IV . Oats                                                           —
                      V. Maize                                                          —
                   VII . Millet                                                         —
                 VIII . Grain sorghum                                                   —
              E. Rolled grains ; flaked grains :
                  I. Barley, oats, buckwheat ind millet
                        a ) Rolled :
                            1 . Barley                                                  —
                            2 . Oats                                                    —
                            4. Millet                                                   —
                        b ) Flaked :
                            1 . Barley                                                  0
                            2 . Oats                                                    0
                            4 . Millet                                                  —
                 II . Other cereals :
                        a ) Wheat                                                       —
                        b) Rye                                                          —
                        c) Mai /.e                                                      0
                        d ) Grain sorghum                                               —
              F. Pellets :
                       I. Wheat                                                         —
                      II . Rye                                                          —
                    III . Barley                                                        —
                     IV. Oats                                                           —
                      V. Maize                                                         '-
                 VIII. Millet                                                           —
                    IX. Grain sorghum                                                   —
              G. Germ of cereals, whole, rolled, flaked or ground
                  I. Wheat                                                              0
                 II. Other                                                              0
 ---pagebreak--- No L 244/ 10                        Official Journal of the European Communities                               6 . 9 . 74
  GCT heading
        No                                                Description                                   u. a. /metric to·
11 07             Malt, roasted or not ;
                ' A. Unroasted :
                      I. Obtained from wheat :
                           a) In the form of flour                                                                0
                           b) Other                                                                               0
                     II . Other :
                           a) In the form of flour                                                                0
                           b) Other                                                                               0
                  B. Roasted                                                                                      0
.H .02            Bran, sharps and other residues derived from the sifting, milling or working of
                  cereals or of leguminous vegetables :
                  A. Of cereals :
                       I. Of maize :
                           a) With a starch content not exceeding 35 °/o by weight                                0
                           b ) Other :
                               1 . With a starch content exceeding 35 % but not exceeding 45 % by
                                   weight, and having undergone ¿ denaturing process                              0
                               2 . Other                                                                          0
                      II . Of other cereals :
                           a) Of which the starch content does not exceed 28 °/o by weight, and of
                               which the percentage which passes through a sieve with an aperture of
                               0·2 min does not exceed 10 ®/o by weight or of which the sieved pro­
                               duct has an ash content, calculated on the dry product, of 1-5% or
                               more by weight                                                                     0
                           b) Other                                                                               0
2Î .!*7           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 :
                     ex I. Preparations of a kind used in animal feeding, covered by Regulation
                               (EEC) No 968/68, of a milk powder content of less than 50°/o by weight
                               and of cereal products (4) content by weight :
                               — Exceeding 5 % but not exceeding 15 °/o                                           0
                               — Exceeding 15 °/o but not exceeding 30 %
              ■
                                                                                                                  0
                               — Exceeding 30®/o but not exceeding 50 °/o                                         0
                               — Exceeding 50 °/o but not exceeding 65 °/o                                        0
                               — Exceeding 65 ®/r                                                     '           0
 ---pagebreak--- 6. 9 . 74                                          Official Journal of the European Communities                                       No L 244/ 11
(') 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 fO T No 125, 11 . 7. 1966, p. 2309/66)      and of the Council Decision of 26 March 1973 on the equivalence of
    seed produced in Denmark , Ireland and the United Kingdom (OJ No             L 106, 20. 4. 1973 , p. 12).
(*) Hulled grains are grains corresponding to the definition given in the        Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. 1968, p. 46).
(*) Pearled grains are grains corresponding to the definition given in the       Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. 1968, p. 46).
(4) ' Cereals products' means the products falling within Chapter 10 and         heading Nos 11.01 and 11.02 (excluding subheading No 11.02 G) of
    the Common Customs Tariff.