CELEX: 31977R2978
Language: en
Date: 1977-12-31 00:00:00
Title: Commission Regulation (EEC) No 2978/77 of 29 December 1977 fixing the export refunds on products processed from cereals and rice

31 . 12. 77                               Official Journal of the European Communities                        No L 351 / 15
                                    COMMISSION REGULATION (EEC) No 2978/77
                                                       of 29 December 1977
                     fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                      2560/77, defines the specific criteria to be taken into
COMMUNITIES,                                                        account when the refund on these products is being
                                                                    calculated ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                    Whereas, on the basis of the criteria laid down in
Having regard to Council Regulation (EEC) No
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 2560/77 (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 (8), as amended by Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                     2764/71 (9), provide that the amount of the export
tion of the market in rice (3), as amended by Regula­               refund should, for certain products, be reduced by an
tion (EEC) No 1 158/77 (4), and in particular the fourth            amount equal to the production refund granted in
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
Whereas Article 16 of Regulation (EEC) No 2727/75                   criteria to the present situation on the market in
and Article 17 of Regulation (EEC) No 1418/76                       products processed from cereals and rice that the
provide that the difference between quotations or                   export refund should be fixed at an amount which
prices on the world market for the products listed in               will cover the difference between Community prices
Article 1 of those Regulations and prices for those                 and world market prices ;
products within the Community may be covered by
an export refund ;                                                  Whereas when the refund is being calculated account
Whereas Article 2 of Council Regulation (EEC) No                    should be taken of the quantities of raw materials
2746/75 of 29 October 1975 (5), and Article 2 of                    used to determine the variable component of the
Council Regulation (EEC) No 1431 /76 of 21 June                      levy ; whereas the quantities of raw materials used for
1976 (6) laying down general rules for granting export              certain processed products may vary according to the
refunds on cereals and rice respectively and criteria for           end use of the product ; whereas, depending on the
fixing the amount of such refunds, provide that when                 manufacturing process used, products other than the
refunds are being fixed account must be taken of the                 main product are obtained, the quantity and value of
existing situation and the future trend with regard to              which may vary with the nature and quality of the
prices and availabilities of cereals, rice and broken rice           main products being manufactured ; whereas cumula­
on the Community market on the one hand and                          tion of the refunds on the various products manufac­
prices for cereals, rice and broken rice on the world                tured by a single process from the same basic product
market on the other ; whereas the same Articles                      may make it possible, in certain cases, to export to
provide that it is also important to ensure equilibrium              third countries at prices which are lower than world
and the natural development of prices and trade on                   market prices ; whereas the refund on certain products
the markets in cereals and rice and, furthermore, to                 should therefore be limited to an amount which,
take into account the economic aspect of the                        while allowing access to the world market, will ensure
proposed exports, and the need to avoid disturbances                 that the aims of the common organization of the
on the Community market ;                                            markets are respected ;
Whereas Article 6 of Council Regulation (EEC) No
2744/75 of 29 October 1975 on the import and export                 Whereas the refund to be granted in respect of certain
system for products processed from cereals and from                  processed products should be graduated on the basis
rice (7), as last amended by Regulation (EEC) No                     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 303 , 28 . 11 . 1977, p. 1 .                          quantity of basic product actually incorporated in the
(3) OJ   No L 166,  25. 6 . 1976, p. 1 .                             processed product ;
(4) OJ   No L 136,  2. 6 . 1977, p. 13 .
(5) OJ   No L 281 , 1 . 11 . 1975, p. 78 .
(6) OJ   No L 166,  25 . 6. 1976, p. 36.                            (8) OJ No L 181 , 27 . 7 . 1968 , p. 1 .
 7  OJ   No L 281 , 1 . 11 . 1975, p. 65.                           (9) OJ No L 283 , 24. 12. 1971 , p. 30 .
 ---pagebreak--- No L 351 / 16                       Official Journal of the European Communities                             31 . 12 . 77
Whereas there is no need at present to fix an export                 of these currencies recorded for a given period in
refund for manioc, other tropical roots and tubers or                relation to the Community currencies referred to
flours obtained therefrom, given the economic aspect                 in the previous subparagraph ;
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
processed from cereals, the insignificance of Commu­          whereas it may be altered in the intervening period ;
nity participation in world trade makes it unnecessary        Whereas the measures provided for in this Regulation
to fix an export refund at the present time ;                 are in accordance with the opinion of the Manage­
Whereas the world market situation or the specific            ment Committee for Cereals,
requirements of certain markets may make it neces­
sary to vary the refund for certain products according
                                                              HAS ADOPTED THIS REGULATION :
to destination ;
Whereas Regulation (EEC) No 2806/71 ( !) lays down                                        Article 1
additional rules for granting export refunds for certain
products processed from cereals and rice ;                    The export refunds on the products listed in Article 1
Whereas, if the refund system is to operate normally,         (d) of Regulation (EEC) No 2727/75 and in Article 1
refunds should be calculated on the following basis :         ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
                                                              Regulation (EEC) No 2744/75 are hereby fixed as
— in the case of currencies which are maintained in           shown in the Annex to this Regulation .
    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 January
    arithmetic mean of the spot market rates of each           1978 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 29 December 1977 .
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President
(•) OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak---   31 . 12. 77                            Official Journal of the European Communities                           No L 351 / 17
                                                                ANNEX
                   to the Commission Regulation of 29 December 1977 fixing the export refunds on products
                                                     processed from cereals and rice
                                                                                                                    (u.a.ltonne)
          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 °/o by     101-00
                             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)                                            u
  11.01 D (I)                Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 % by          100-4U
                            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)                                                u
 11.01 E (I)                Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 % by            91-98
                            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           78-8f
                            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 )                                 57-lo
 11.01 F                    Rice flour                                                                              65-66
 11.02 A III ( a)           Barley groats and meal, of an ash content, referred to dry matter, not exceeding      104-36
                            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 AIV ( a)             Oat groats and meal, of ari ash content, referred to dry matter, not exceeding        100-40
                            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        131-40
                            0-9 % by weight and a crude fibre content, referred to dry matter, not exceeding
                            0-6 % by weight i1 )
 11.02 A V (b)              Maize groats and meal, of a fat content, referred to dry matter, not exceeding         91-98
                            1-3 % by weight and of a crude fibre content, referred to dry matter, not1
                           exceeding 0-8 % by weight (*)
 11.02 A V (c)             Maize groats and meal, of a fat content, referred to dry matter, exceeding              78-84
                            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 H
 11.02 A VI                Rice groats and meal                                                                    65-66
 11.02 B I a) 1 (aa)       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not      101-00
                           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         89-25
                           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 ) (2)       0
 ---pagebreak--- No L 351 / 18                         Official Journal of the European Communities                           31 . 12. 77
                                                                                                                (u.a . ¡tonne)
        Number
    in nomenclature                                     Nomenclature in simplified wording                      Refund
    used for refunds
11.02 B I b) 1 ( aa)     Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not   101-00
                         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 )                                                                                              Q
                         Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)
                         (' Grütze' or 'Grutten') (2)
                                                                                                                 94-83
11.02 B I b) 2 ( aa)     Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not
                         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)
                         Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)               0
11.02 B I b) 2 (bb)
                          ('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       134-66
                         weight (without talc) — 1st category (3)
                                                                                                               107-73
11.02 C III (b)          Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by
                         weight (without talc) — 2nd category (3)
                                                                                                                   0
11.02 C IV               Pearled oats (3)
11.02 D II               Rye not otherwise worked than kibbled                                                    —
                                                                                                               101-00
11.02 E I b) 1 ( aa)     Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by
                         weight and of a crude fibre content, referred to dry matter, not exceeding
                         0-9 % by weight
11.02 E I b ) 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        111-56
                         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          89-25
                         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 I b ) 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 II c) ( 1 )   Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by        105-12
                         weight and of a crude fibre content, referred to dry matter, not exceeding
                         0-7 % by weight
                                                                                                                 85-41
ex 11.02 E II c) ( 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 II c) (3 )    Flaked maize, of a fat content, referred to dry matter, exceeding 1-3 % but not
                         exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter,
                         not exceeding 1 % weight
11.02 E II d) 1          Flaked rice                                                                             65-66
11.02 F III              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                                             19-40
11.02 G II               Germ of cereals other than wheat, whole, rolled, flaked or ground                       16-43
 ---pagebreak---  31 . 12 . 77                              Official Journal of the European Communities                                         No L 351 / 19
                                                                                                                                     (u.a.itonnc,
            Number
      in nomenclature                                         Nomenclature in simplified wording                                     Refund
      used for refunds
 11.08 AI                     Maize starch                                                                                            90-16
 11.08 A II                   Rice starch                                                                                             72-85
 11.08 AIII                   Wheat starch                                                                                          136-16
 11.08 A IV                   Potato starch                                                                                           90-16
 11.08 A V                    Starches other than maize, rice, wheat, or potato starch                                                90-16
 11.09 A                      Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                       123-78
                              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                       117-60
                              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                             90-16
                              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                              90-16
                              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                        18-72
                              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                        18-72
                              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                        18-72
                              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                        18-72
                              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                            112-00
                              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).
(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 .