CELEX: 31979R0174
Language: en
Date: 1979-02-01 00:00:00
Title: Commission Regulation (EEC) No 174/79 of 31 January 1979 fixing the export refunds on products processed from cereals and rice

1 . 2 . 79                                Official Journal of the European Communities                         No L 26/ 19
                                        COMMISSION REGULATION (EEC) No 174/79
                                                          of 31 January 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 1254/78 (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                          1 077/68 (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 1260/78 (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 rules and
                                                                      criteria to the present situation on the market in
Whereas Article 16 of Regulation (EEC) No 2727/75                     products processed from cereals and rice that the
 and Article 17 of Regulation (EEC) No 1418/76                        export refund should be fixed at an amount which
 provide that the difference between quotations or                    will cover the difference between Community prices
 prices on the world market for the products listed in                and world 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
 1976 (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 and broken rice on the world                 may make it possible, in certain cases, to export to
market on the other ; whereas the same Articles                       third countries at prices which are lower than world
provide that it is also important to ensure equilibrium               market prices ; whereas the refund on certain products
and the natural development of prices and trade on                    should therefore be limited to an amount which,
the markets in cereals and rice and, furthermore, to                  while allowing access to the world market, will ensure
take into account the economic aspect of the                          that the aims of the common organization of the
proposed exports, and the need to avoid disturbances                  markets are respected ;
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,
(>)   OJ  No L 281 , 1 . 11 . 1975,  p. 1.                            this content being a particularly good indicator of the
(2)   OJ  No L 156,  14. 6.   1978 , p. 1.
(3)   OJ  No L 166,  25. 6 .  1976,  p. 1.                            (7) OJ No L 281 , 1 . 11 . 1975, p. 65.
(4)   OJ  No L 156,  14. 6.   1978,  p. 11 .                          (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 .
(6)   OJ  No L 166,  25. 6.   1976,  p. 36.                           0°) OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak---  No L 26/20                            Official Journal of the European Communities                               1 . 2. 79
 quantity of basic product actually incorporated in the          — for other currencies, an exchange rate based on the
 processed product ;                                                    arithmetic mean of the spot market rates of each
                                                                        of these currencies recorded for a given period in
 Whereas there is no need at present to fix an export                   relation to the Community currencies referred to
 refund for manioc, other tropical roots and tubers or                  in the previous subparagraph ;
 flours obtained therefrom, given the economic aspect
of potential exports and in particular the nature and            Whereas the refund must be fixed once a month ;
origin of these products ; whereas, for certain products         whereas it may be altered in the intervening period ;
 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 ( J) lays down               The export refunds on the products listed in Article 1
additional rules for granting export refunds for certain         (d) of Regulation (EEC) No 2727/75 and in Article 1
 products processed from cereals and rice ;                      ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
Whereas, if the refund system is to operate normally,            Regulation (EEC) No 2744/75 are hereby fixed as
 refunds should be calculated on the following basis :           shown in the Annex to this Regulation.
— in the case of currencies which are maintained in
                                                                                            Article 2
     relation to e^ch other at any given moment within
     a band of 2-25 % , a rate of exchange based on              This Regulation shall enter into force on 1 February
     their effective parity ;                                     1979 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 31 January 1979 .
                                                                              For the Commission
                                                                               Finn GUNDELACH
                                                                                  Vice-President
(') OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak---   1 . 2 . 79                             Official Journal of the European Communities                         •No L 26/21
                                                                ANNEX
                   to the Commission Regulation of 31 January 1979 fixing the export refunds on products
                                                     processed from cereals and rice
                                                                                                                 (u.a./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     138.93
                             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)                                          0
 11.01 D ( I )              Oat flour, of an ash content, referred to dry matter, not exceeding 2.3 % by         158.56
                            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 )                                           0
 11.01 E ( I )              Maize flour, of a fat content, referred to dry matter, not exceeding 1.3 % by       113-82
                            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        97.56
                            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)                               70.73
 11.01 F                    Rice flour                                                                            67-25
 11.02 A III ( a )          Barley groats and meal, of an ash content, referred to dry matter, not exceeding    143.56
                            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)                           0
 11.02 A IV (a )            Oat groats and meal, of an ash content, referred to dry matter, not exceeding       158-56
                            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)                               0
 11.02 A V ( a )            Maize groats and meal , of a fat content, referred to dry matter, not exceeding     146.34
                            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       113-82
                            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             97-56
                            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 (')
 11.02 A VI                Rice groats and meal                                                                  67.25
 11.02 B I a ) 1 ( aa )    Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not    138.93
                           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)        0
 11.02 B I a ) 2 ( aa )    Clipped oats                                                                            —
11.02 B I a) 2 bb) ( 11 )  Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not      140.94
                           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) (*)      0
 ---pagebreak---   No L 26/22                         Official Journal of the European Communities                              1 . 2. 79
                                                                                                              (u.a./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  138.93'
                        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)            0
                        (' Grütze' or 'Grutten') (2)
 11.02 Bib) 2 ( aa)     Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not    149.75
                        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)              0
                        ('Grütze' or 'Grutten') (2 )
 11.02 B II a ) ( 1 )   Hulled (shelled or husked) wheat, not sliced or kibbled (2)                              0
 11.02 C III ( a )      Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by      185.24
                        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     148-19
                        weight (without talc) — 2nd category (3)
 11.02 C I V            Pearled oats (3)                                                                         0
11.02 D I               Wheat not otherwise worked than kibbled                                                65.00
 11.02 D II            Rye not otherwise worked than kibbled                                                  80.00
11.02 E Ib) 1 (aa)     Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by         138.93
                       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       176.18
                       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 I b ) 2 ( bb)  Flaked oats, of an ash content, referred to dry matter, not exceeding 2.3 % by       140.94
                       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       130.08
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0.7 % by weight
                                                                                                            105.69
ex 11.02 E lie) ( 2)   Flaked maize, of a fat content, referred to dry . matter, not exceeding 1-3% by
                       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                                                                           67.25
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                                           21.73
11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                     20.33
 ---pagebreak---    1 . 2 . 79                                 Official Journal of the European Communities                                        -No L 26/23
                                                                                                                                       (u.a./tonne)
             Number
        in nomenclature                                       Nomenclature in simplified wording                                       Refund
        used for refunds
  11.07 A I a)                   Unroasted malt, obtained from wheat, in the form of flour                                             103.64 ■
  11.07 A II a)                  Unroasted malt, other than that obtained from wheat, in the form of flour                             110.46
  11.08 A I                      Maize starch                                                                                          103.52
  11.08 All                    . Rice starch                                                                                            64.68
  11.08 A III                    Wheat starch                                                                                         137.74
  11.08 A IV                     Potato starch                                                                                      ' 103.52
  11.08 A V                      Starches other than maize, rice, wheat, or potato starch                                             103.52
  11.09 A                        Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                      167-79
                                 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                      135.03
                                 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                          103.52
                                 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                           103.52
                                 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                       20.87
                                 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                       20.87
                                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                     20.87
                                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                       20.87
                                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                            128.60
                                steeping liquors), of a protein content, calculated on dry matter, not exceeding
                                63 % by weight (N X 6.25 )
(') The export refund is paid in respect of maize, groats and meal :
     — of which a percentage not exceeding. 30 °/o passes through a sieve with an aperture of 315 microns,
     — of which a percentage not exceeding 5 % 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).
(') 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 .