CELEX: 31979R2403
Language: en
Date: 1979-11-01 00:00:00
Title: Commission Regulation (EEC) No 2403/79 of 29 October 1979 fixing the export refunds on products processed from cereals and rice

1 . 11 . 79                               Official Journal of the European Communities                         No L 275/ 15
                                      COMMISSION REGULATION (EEC) No 2403/79
                                                        of 29 October 1979
                      fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                       rice (7), as last amended by Regulation (EEC) No
COMMUNITIES,                                                         2245/78 (8), defines the specific criteria to be taken
                                                                     into account when the refund on these products is
Having regard to the Treaty establishing the European                being calculated ;
Economic Community,
Having regard to Council Regulation (EEC) No                         Whereas, on the basis of the criteria laid down in
2727/75 of 29 October 1975 on the common organiza­                   Regulation (EEC) No 2744/75, particular account
tion of the market in cereals ^), as last amended by                 should be taken of the prices and quantities of basic
Regulation (EEC) No 1 547/79 (2), and in particular the              products used to calculate the variable component of
fourth subparagraph of Article 16 (2) thereof,                       the levy ; whereas Article 8 of Regulation (EEC) No
                                                                     2744/75 and Article 1 of Regulation (EEC) No
Having regard to Council Regulation (EEC) No                         1077/68 (9), as amended by Regulation (EEC) No
 1418/76 of 21 June 1976 on the common organiza­                     2764/71 (10), provide that the amount of the export
tion of the market in rice (3), as last amended by Regu­             refund should, for certain products, be reduced by an
lation (EEC) No 1 552/79 (4), and in particular the                  amount equal to the production refund granted in
fourth subparagraph of Article 17 (2) thereof,                       respect of the basic product ;
Having regard to the opinion of the Monetary
Committee,                                                           Whereas it follows from applying these detailed rules
                                                                     to the present situation on the market in products
Whereas Article 16 of Regulation (EEC) No 2727/75                    processed from cereals and rice that the export refund
and Article 17 of Regulation (EEC) No 1418/76                        should be fixed at an amount which will cover the
 provide that the difference between quotations or                   difference between Community prices and world
 prices on the world market for the products listed in                market prices ;
Article 1 of those Regulations and prices for those
 products within the Community may be covered by
 an export refund ;                                                  Whereas when the refund is being calculated account
                                                                      should be taken of the quantities of raw materials
 Whereas Article 2 of Council Regulation (EEC) No                     used to determine the variable component of the
 2746/75 of 29 October 1975 (5), and Article 2 of                     levy ; whereas the quantities of raw materials used for
 Council Regulation (EEC) No 1431 /76 of 21 June                      certain processed products may vary according to the
 1 976 (6) laying down general rules for granting export              end use of the product ; whereas, depending on the
 refunds on cereals and rice respectively and criteria for            manufacturing process used, products other than the
 fixing the amount of such refunds, provide that when                 main product are obtained, the quantity and value of
 refunds are being fixed account must be taken of the                 which may vary with the nature and quality of the
 existing situation and the future trend with regard to               main products being manufactured ; whereas cumula­
 prices and availabilities of cereals, rice and broken rice           tion of the refunds on the various products manufac­
 on the Community market on the one hand and                          tured by a single process from the same basic product
 prices for cereals, rice, broken rice and cereal products            may make it possible, in certain cases, to export to
 on the world market on the other ; whereas the same                  third countries at prices which are lower than world
 Articles provide that it is also important to ensure                 market prices ; whereas the refund on certain products
 equilibrium and the natural development of prices                    should therefore be limited to an amount which,
 and trade on the markets in cereals and rice and,                    while allowing access to the world market, will ensure
 furthermore, to take into account the economic aspect                that the aims of the common organization of the
 of the proposed exports, and the need to avoid distur­               markets are respected ;
 bances on the Community market ;
 Whereas Article 6 of Council Regulation (EEC) No                     Whereas the refund to be granted in respect of certain
 2744/75 of 29 October 1975 on the import and export                  processed products should be graduated on the basis
 system for products processed from cereals and from                  of the ash, crude fibre, tegument, protein, fat and
                                                                      starch content of the individual product concerned,
 ( 1) OJ No  L  281 , 1 . 11 .  1975, p. 1.                           this content being a particularly good indicator of the
 (2)  OJ No  L  188,  26. 7.    1979, p. 1.
 (3)  OJ No  L  166,  25 . 6.   1976, p. 1.                           (7) OJ No L 281 , 1 . 11 . 1975, p. 65.
 (<)  OJ No  L  188 , 26. 7.    1979, p. 9.                           (8) OJ No L 273, 29 . 9 . 1978, p. 1 .
 (5)  OJ No  L  281 ,  1 . 11 . 1975, p. 78 .                         H OJ No L 181 , 27. 7. 1968, p. 1 .
 (')  OJ No  L  166,  25. 6.    1976, p. 36.                          0°) OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak---  No L 275/ 16                          Official Journal of the European Communities                              1 . 11 . 79
 quantity of basic product actually incorporated in the                 of these currencies recorded for a given period in
 processed product ;                                                    relation to the Community currencies referred to
                                                                        in the previous indent ;
 Whereas there is no need at present to fix an export
 refund for manioc, other tropical roots and tubers or
 flours obtained therefrom, given the economic aspect            Whereas the refund must be fixed once a month ;
 of potential exports and in particular the nature and           whereas it may be altered in the intervening period ;
 origin of these products ; whereas, for certain products
 processed from cereals, the insignificance of Commu­            Whereas the measures provided for in this Regulation
 nity participation in world trade makes it unnecessary          are in accordance with the opinion of the Manage­
 to fix an export refund at the present time ;                   ment Committee for Cereals,
 Whereas the world market situation or the specific
 requirements of certain markets may make it neces­
                                                                 HAS ADOPTED THIS REGULATION :
 sary to vary the refund for certain products according
 to destination ;
                                                                                            Article 1
 Whereas Regulation (EEC) No 2806/71 ( !) lays down
 additional rules for granting export refunds for certain
 products processed from cereals and rice ;                      The export refunds on the products listed in Article 1
                                                                 (d) of Regulation (EEC) No 2727/75 and in Article 1
 Whereas, if the refund system is to operate normally,           ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
 refunds should be calculated on the following basis :           Regulation (EEC) No 2744/75 shall be as set out in
— in the case of currencies which are maintained in              the Annex hereto.
     relation to each other at any given moment within
     a band of 2-25 % , a rate of exchange based on                                         Article 2
     their effective parity ;
— for other currencies, an exchange rate based on the            This Regulation shall enter into force on 1 November
     arithmetic mean of the spot market rates of each            1979 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 29 October 1979 .
                                                                              For the Commission
                                                                               Finn GUNDELACH
                                                                                  Vice-President
(>) OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak---   1 . 11 . 79                            Official Journal of the European Communities                           No L 275/17
                                                                 ANNEX
                   to the Commission Regulation of 29 October 1979 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         94.01
                             weight and of a crude fibre content, referred to dry matter, not exceeding
                            0.9 % 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           130.28
                            weight, 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           113.13
                            weight 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           96.97
                            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)                                   70-30
 11.01 F                    Rice flour                                                                               62.29
 11.02 A III ( a)           Barley groats and meal, of an ash content, referred to dry matter, not exceeding         97.14
                            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 11.02 A III (a)
 11.02 A IV ( a)            Oat groats and meal, of an ash content, referred to dry matter, not exceeding          130.28
                            2.3 % by weight, of a tegument content not exceeding 0.1 % , of a moisture
                            content 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)
 11.02 A V ( a)             Maize groats and meal, of a fat content, referred to dry matter, not exceeding         145.46
                            0.9 % by weight and a crude fibre content, referred to dry matter, not exceeding
                            0.6 % by weight (*)
 11.02 A V ( b )            Maize groats and meal, of a fat content, referred to dry matter, not exceeding         113.13
                            1.3 % by weight and of a crude fibre content, referred to dry matter, not
                            exceeding 0-8 % by weight (*)
 11.02 A V ( c)             Maize groats' and meal, of a fat content, referred to dry matter, exceeding              96.97
                            1.3 % by weight but not exceeding 1.7 % by weight and of a crude fibre content,
                            referred to dry matter, not exceeding 1.0 % weight (J)
 11.02 A VI                 Rice groats and meal                                                                     62.29
 11.02 B I a ) 1 (aa)      Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not        94.01
                            exceeding 1 % 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) (2)
 11.02 B I a) 2 ( aa )     Clipped oats
11.02 B 1 a) 2 bb) ( 11 )  Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not        115.81
                           exceeding 2.3 % by weight, of a tegument content not exceeding 0.5 % of a
                           moisture content not exceeding 11 % 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) (*) |
 ---pagebreak--- No L 275 / 18                      Official Journal of the European Communities                           1 . 11 . 79
                                                                                                           (ECU/tonne)
         Number
     in nomenclature                                 Nomenclature in simplified wording                     Refund
     used for refunds
11.02 Bib) 1 ( aa)    Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not    94.01
                      exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                      not exceeding 0.9 % 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)
                      (' Grütze' or ' Grutten') ( 2)
11.02 Bib) 2 ( aa)    Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not     123.05
                      exceeding 2.3 % weight, of a tegument content not exceeding 0.1 % , of a moisture
                      content not exceeding 11 % and of which the peroxydase is virtually inactivated
                      ('Grütze' or ' Grutten') ( 2 )
11.02 Bib) 2 (bb)     Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)
                      ('Grütze' or ' Grutten') (2 )
11.02 B II a) ( 1 )   Hulled (shelled or husked) wheat, not sliced or kibbled (2)
11.02 C III ( a )     Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by       125.34
                      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       100.27
                      weight (without talc) — 2nd category (3)
11.02 CIV             Pearled oats (3)
11 .02 D I            Wheat not otherwise worked than kibbled                                                   0
11.02 D II            Rye not otherwise worked than kibbled                                                  42.00'
11.02 E lb ) 1 ( aa ) Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by­           94.01
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0.9 % by weight
11.02 E lb ) 1 ( bb ) Flaked barley not included under 11.02 E I b) 1 (aa)
11.02 E I b ) 2 (aa ) Flaked oats, of an ash content, referred to dry matter, not exceeding 2.3 % by        144.76
                      weight, of a tegument content not exceeding 0.1 % , of a moisture content not
                      exceeding 12 % and of which the peroxydase is virtually inactivated
11.02 E lb) 2 (bb )   Flaked oats, of an ash content, referred to dry matter, not exceeding 2.3 % by        115.81
                      weight, of a tegument content exceeding 0.1 % but not exceeding 1.5 % , of a
                      moisture content not exceeding 12 % and of which the peroxydase is virtually
                      inactivated
11.02 E lb ) 2 (cc)   Flaked oats not included under Nos 11.02 E I b) 2 (aa) and 11.02 E I b) 2 (bb)
ex 11.02 E lie) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0.9 % by        129.30
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0.7 % by weight
ex 11.02 E lie) ( 2)  Flaked maize, of a fat content, referred to dry matter, not exceeding 1.3 % by        105.05
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0.8 % by weight
ex 11.02 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 % weight
11.02 E II d) 1       Flaked rice                                                                            62.29
11.02 Fill            Barley pellets
11.02 F IV            Oat pellets
11.02 F V             Maize pellets
11.02 G I             Wheat germ, whole, rolled, flaked or ground                                            1'8 K50
11.02 G II            Germ of cereals other than wheat, whole, rolled, flaked or ground                      20.20
 ---pagebreak--- 1 . 11 . 79                                Official Journal of the European Communities                                        No L 275 / 19
                                                                                                                                   (ECU/tonne)
          Number
      in nomenclature                                          Nomenclature ir. simplified wording                                  Refund
      used for refunds
11.07 A I a)                  Unroasted malt, obtained from wheat, in the form of flour                                              ■88.25
11.07 A II a)                 Unroasted malt, other than that obtained from wheat, in the form of flour                               74.74
11.08 A I                     Maize starch (6)                                                                                      130.10 (5 )
11.08 All                      Rice starch (6)                                                                                        50.92
11.08 A III                   Wheat starch (6)                                                                                      162.80 (5 )
11.08 A IV                    Potato starch (7 )                                                                                    130.1 CI (5)
11.08 A V                     Starches other than maize, rice, wheat, or potato starch (6)
11.09 A                       Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                       231im (5)
                              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                       169.70 ( 5)
                              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                           130.10 (5)
                               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                           130.10; ( 5)
                              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                        17.40
                              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                        17.40
                              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 of                        17.40
                              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                        17.40
                               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                            161.62 (5)
                              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 %> 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 .
(*) '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.
(') The export refund to be granted shall be arrived at by first applying the monetary coefficient to the amount shown in this column
    and , thereafter, deducting a sum equal to the production refund per tonne of finished product as follows :
    — 11.08 A I , 11.08 A IV, 11.08 A V, 17.02 B II b) and 21.07 F : 33.09 ECU/tonne ,
    — 11.08 A III : 64.60 ECU/tonne,
    — 11.09 A : 117.48 ECU/tonne ,
    — 17.02 B II a) : 43.16 ECU/tonne,
    — 23.03 A I : 41.10 ECU/tonne .
(*) The export refund is granted on products falling within this subheading which have a starch content of not less than 85 Vo by weight.
(7) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 °/o by weight.