CELEX: 31986R1386
Language: en
Date: 1986-05-08 00:00:00
Title: Commission Regulation (EEC) No 1386/86 of 7 May 1986 fixing the export refunds on products processed from cereals and rice

8 . 5 . 86                                   Official Journal of the European Communities                                   No L 120/ 57
                                        COMMISSION REGULATION (EEC) No 1386/86
                                                             of 7 May 1986
                         fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                            system for products processed from cereals and from rice
                                                                       (6), as last amended by Regulation (EEC) No 1 027/84 f),
Having regard to the Treaty establishing the European                  defines the specific criteria to be taken into account when
Economic Community,                                                    the refund on these products is being calculated ;
Having regard to the Act of Accession of Spain and
Portugal,                                                              Whereas, on the basis of the criteria laid down in Regula­
                                                                       tion (EEC) No 2744/75, particular account should be
                                                                       taken of the prices and quantities of basic products used
Having regard to Council Regulation (EEC) No 2727/75                   to calculate the variable component of the levy ; whereas
of 29 October 1975 on the common organization of the                   Article 8 of Regulation (EEC) No 2744/75 and Article 1
market in cereals ('), as last amended by Regulation (EEC)             of Regulation (EEC) No 1077/68 (8), as amended by Regu­
No 3793/85 (2), and in particular the fourth subparagraph               lation (EEC) No 2764/71 (9), provide that the amount of
of Article 16 (2) thereof,                                             the export refund should, for certain products, be reduced
                                                                       by an amount equal to the production refund granted in
Having regard to Council Regulation (EEC) No 1418 /76                   respect of the basic products ;
of 21 June 1976 on the common organization of the
market in rice (3), as last amended by Regulation (EEC)
No 3768/85, and in particular the fourth subparagraph of               Whereas it follows from applying these detailed rules to
Article 17 (2) thereof,                                                 the present situation on the market in products processed
                                                                        from cereals and rice that the export refund should be
Having regard to the opinion of the Monetary Committee,                 fixed   at an   amount which will            cover the difference
                                                                        between Community prices and world market prices ;
Whereas Article 16 of Regulation (EEC) No 2727/75 and
Article 17 of Regulation (EEC) No 1418 /76 provide that
the difference between quotations or prices on the world                Whereas when the refund is being calculated account
 market for the products listed in Article 1 of those Regu­             should be taken of the quantities of raw materials used to
 lations and prices for those products within the Commu­                determine the variable component of the levy ; whereas
 nity may be covered by an export refund ;                              the quantities of raw materials used for certain processed
                                                                        products may vary according to the end use of the
Whereas Article 2 of Council Regulation (EEC) No                        product ; whereas, depending on the manufacturing
 2746/75 of 29 October 1975 (4), and Article 2 of Council               process used, products other than the main product are
 Regulation (EEC) No 1431 /76 of 21 June 1976 (5) laying                obtained, the quantity and value of which may vary with
 down general rules for granting export refunds on cereals              the nature and quality of the main products being manu­
                                                                        factured ; whereas cumulation of the refunds on the
 and rice respectively and criteria for fixing the amount of
 such refunds, provide that when refunds are being fixed                various products manufactured by a single process from
 account must be taken of the existing situation and the                the same basic product may make it possible, in certain
 future trend with regard to prices and availabilities of               cases, to export to third countries at prices which are
 cereals, rice and broken rice on the Community market                  lower than world market prices ; whereas the refund on
 on the one hand and prices for cereals, rice, broken rice              certain products should therefore be limited to an amount
 and cereal products on the world market on the other ;                 which, while allowing access to the world market, will
 whereas the same Articles provide that it is also important             ensure that the aims of the common organization of the
 to ensure equilibrium and the natural development of                    markets are respected ;
 prices and trade on the markets in cereals and rice and,
 furthermore, to take into account the economic aspect of
 the proposed exports, and the need to avoid disturbances                Whereas the refund to be granted in respect of certain
 on the Community market ;                                               processed products should be graduated on the basis of
                                                                         the ash, crude fibre, tegument, protein , fat and starch
 Whereas Article 6 of Council Regulation (EEC) No                        content of the individual product concerned, this content
 2744/75 of 29 October 1975 on the import and export                     being a particularly good indicator of the quantity of basic
                                                                         product actually incorporated in the processed product ;
 (') OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
 (2) OJ  No  L 367,  31 . 12. 1985, p . 19 .                             (6) OJ  No  L 281 , 1 . 11 . 1975, p. 65 .
 (3) OJ  No  L 166,  25. 6 . 1976, p. 1 .                                0   OJ  No  L 107,  19. 4. 1984, p. 15.
 (4) OJ  No  L 281 , 1 . 11 . 1975, p . 78 .                             (») OJ  No  L 181 , 27 . 7 . 1968 , p. 1 .
 0   OJ  No  L 166,  25. 6 . 1976, p. 36.                                0   OJ  No  L 283 , 24. 12. 1971 , p . 30 .
 ---pagebreak---  No L 120 / 58                            Official Journal of the European Communities                                  8 . 5 . 86
 Whereas there is no need at present to fix an export               Whereas the refund must be fixed once a month ;
 refund for manioc, other tropical roots and tubers or              whereas it may be altered in the intervening period ;
 flours obtained therefrom , given the economic aspect of
 potential exports and in particular the nature and origin          "Whereas, pursuant to Article 275 of the Act of Accession
 of these products ; whereas, for certain products processed        of Spain and Portugal, refunds may be granted in the case
 from cereals, the insignificance of Community participa­           of exports to Portugal ; whereas, in the light of the situa­
 tion in world trade makes it unnecessary to fix an export          tion and the level of prices no refund should be fixed in
 refund at the present time ;                                       the case of exports to Portugal ;
 Whereas the world market situation or the specific requi­          Whereas the measures provided for in this Regulation are
 rements of certain markets may make it necessary to vary           in accordance with the opinion of the Management
 the refund for certain products according to destination ;         Committee for Cereals,
 Whereas Regulation (EEC) No 2806/71 (') lays down addi­
 tional rules for granting export refunds for certain
 products processed from cereals and rice ;                          HAS ADOPTED THIS REGULATION :
 Whereas, if the refund system is to operate normally,                                       Article 1
 refunds should be calculated on the following basis :
 — in the case of currencies which are maintained in rela­          The export refunds on the products listed in Article 1 (d)
     tion to each other at any given moment within a band           of Regulation (EEC) No 2727/75 and in Article 1 ( 1 ) (c) of
     of 2,25 % , a rate of exchange based on their central          Regulation (EEC) No 1418/76 and subject to Regulation
     rate, multiplied by the corrective factor provided for in      (EEC) No 2744/75 are hereby fixed as shown in the
     the last paragraph of Article 3 ( 1 ) of Regulation (EEC)      Annex to this Regulation .
     No 1676/85 (2),
                                                                    The refund on export to Portugal has not been fixed .
 — for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each of
     these currencies recorded for a given period in rela­                                   Article 2
     tion to the Community currencies referred to in the
     previous indent, and the aforesaid coefficient ;               This Regulation shall enter into force on 8 May 1986.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 7 May 1986.
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
(■) OJ No L 284, 28 . 12. 1971 , p. 9 .
(2) OJ No L 164, 24. 6 . 1985 , p. 1 .
 ---pagebreak--- 8 . 5 . 86                                 Official Journal of the European Communities                                  No L 120/ 59
                                                                    ANNEX
                        to the Commission Regulation of 7 May 1986 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          181,05
                                  weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                                  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 weight,     163,17
                                  of a crude fibre content, referred to dry matter, not exceeding 1,8 % by weight, of a
                                  moisture content not exceeding 1 1 % and of which the peroxydase is virtually
                                  inactivated
     11.01 D (II)                 Oat flour not included under No 11.01 D (I)                                                 —
     11.01 E (I)                  Maize flour, of a fat content, referred to dry matter, not exceeding 1,3 % by weight      178,44
                                  and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                                  weight Q
     11.01 E ( II)                Maize flour, of a fat content, referred to dry matter, exceeding 1,3 % but not              —
                                  exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not
                                  exceeding 1 % by weight Q
     11.01 E (III)                Maize flour not included under No 11.01 E (I) and ( II) Q                                   —
     11.01 F                       Rice flour                                                                                 —
     11.02 A III (a)               Barley groats and meal, of an ash content, referred to dry matter, not exceeding         187,08
                                   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 2,3 %     163,17
                                   by weight, of a tegument content not exceeding 0,1 % , of a moisture content not
                                   exceeding 1 1 % and of which the peroxydase is virtually inactivated
      1 1 .02 A IV (b)             Oat groats and meal not included under No 11.02 A IV (a)                                    —
      1 1 .02 A V (a)              Maize groats and meal , of a fat content, referred to dry matter, not exceeding 0,9 %    229,43
                                   by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                                   weight (') (8)
      1 1 .02 A V (b)              Maize groats and meal , of a fat content, referred to dry matter, not exceeding 1,3 %    1 78,44
                                   by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
                                   by weight (') (8)
      1 1 .02 A V (c)              Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by      1 52,95
                                   weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to
                                   dry matter, not exceeding 1 % by weight (') (s)
      1 1 .02 A VI                 Rice groats and meal                                                                        —
      11.02 B I a) 1 (aa)          Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not         181,05
                                   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 1 1 .02 B I a) 1 (aa) (2)           —
       1 1 .02 B I a) 2 (aa)       Clipped oats                                                                                —
 ---pagebreak--- No L 120/ 60                             Official Journal of the European Communities                                      8 . 5 . 86
                                                                                                                         (ECU/tonne)
               Number
           in nomenclature                                  Nomenclature in simplified wording                         Refund
           used for refunds
    1 1.02 B I a) 2 bb) (1 1 )  Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not        145,04
                               exceeding 2,3 % by weight, of tegument content not exceeding 0,5 % of a
                                moisture content not exceeding 1 1 % and of which the peroxydase is virtually
                                inactivated (2)
     1 1 .02 B I a) 2 bb) (22)  Hulled (shelled or husked) oats, not included under No 1 1.02 B I a) 2 bb) ( 1 1 ) (2)    —
     11.02 Bib) 1 (aa)          Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not    181,05
                               exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                               exceeding 0,9 % by weight ('Grütze' or 'Grutten') (2)
    1 1 .02 B I b) 1 (bb)       Hulled and sliced or kibbled barley, not included under No 1 1 .02 B I b) 1 (aa)          —
                               ('Grütze' or 'Grutten ') (2)
    11.02 B I b) 2 (aa)         Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not      154,10
                               exceeding 2,3 % by weight, of a tegument content not exceeding 0,1 % , of a
                               moisture content not exceeding 1 1 % and of which the peroxydase is virtually
                               inactivated ('Grütze' or 'Grutten') (2)
    1 1 .02 B I b) 2 (bb)      Hulled and sliced or kibbled oats not included under No 1 1 .02 B I b) 2 (aa)              —
                               ('Grütze' or 'Grutten ') (2)
    11.02 B II a) ( 1 )        Hulled (shelled or husked) wheat, not sliced or kibbled (2)                                —
    11.02 B II c) (1 )         Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not        191,19
                               exceeding 0,9 % by weight and of a crude fibre content, referred to dry matter, not
                               exceeding 0,6 % by weight ('Gruetze' or 'Grutten') (2) (8)
    1 1.02 B II c) (2)         Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not        146,58
                               exceeding 1,3 % by weight and of a crude fibre content, referred to dry matter, not
                               exceeding 0,8 % by weight ('Gruetze' or 'Grutten') (2) (8)
    1 1.02 C III (a)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by         241,40
                               weight (without talc) — 1st category (')
    1 1.02 C III (b)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by         193,12
                               weight (without talc) — 2nd category (3)
    11.02 C IV                 Pearled oats (■')                                                                         —
    11.02 D I                  Wheat not otherwise worked than kibbled                                                  94,00
    11.02 D II                 Rye not otherwise worked than kibbled                                                   120,00
    1 1 .02 E I b) 1 (aa)      Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by          181,05
                               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 1 1 .02 E I b) 1 (aa)                                    —
    1 1 .02 E I b) 2 (aa)      Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by          181,30
                               weight, of a tegument content not exceeding 0,1 % , of a moisture content not
                               exceeding 12 % and of which the peroxydase is virtually inactivated
    1 1 .02 E I b) 2 (bb)      Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by          145,04
                               weight, of a tegument content exceeding 0,1 % but not exceeding 1,5 % , of a
                               moisture content not exceeding 1 2 % and of which the peroxydase is virtually
                               inactivated
    1 1 .02 E I b) 2 (cc)      Flaked oats not included under Nos 1 1 .02 E I b) 2 (aa) and 1 1 .02 E I b) 2 (bb)        —     ■
ex 1 1.02 E II c) ( 1 )        Flaked maize, of a fat content, referred to dry matter, not exceeding 0,9 % by          203,94
                               weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                               weight
 ---pagebreak--- 8 . 5 . 86                           Official Journal of the European Communities                               No L 120 / 61
                                                                                                                    (ECU/tonne)
               Number
           in nomenclature                             Nomenclature in simplified wording                         Refund
           used for refunds
ex 1 1.02 E II c) (2)       Flaked maize, of a fat content, referred to dry matter, not exceeding 1,3 % by        1 65,70
                            weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                            weight
ex 1 1.02 E lie) (3)        Flaked maize, of a fat content, referred to dry matter, exceeding 1,3 % but not
                            exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not
                            exceeding 1 % by weight
     1 1.02 E II d) 1       Flaked rice                                                                               —
     11.02 F III            Barley pellets                                                                            —
     1 1 .02 F IV           Oat pellets                                                                               —
     1 1 .02 F V            Maize pellets                                                                             —
     1 1.02 G I             Wheat germ , whole , rolled, flaked or ground                                            28,12
     1 1.02 G II            Germ of cereals other than wheat, whole, rolled, flaked or ground                        31,86
     11.07 A I a)           Unroasted malt, obtained from wheat, in the form of flour                             200,25
     11.07 A II a)          Unroasted malt, other than that obtained from wheat, in the form of flour             214,85
     11.08 A I              Maize starch                                                                           173,96
     11.08 All              Rice starch (*)                                                                       217,91
     11.08 A III            Wheat starch (■')                                                                      186,36
      11.08 A IV            Potato starch (6)                                                                      1 73,96
      11.08 A V             Starches other than maize , rice, wheat, or potato starch Q                               —
      1 1 .09 A             Dried wheat gluten , of a protein content, referred to dry matter, of 82 % or more     227,04
                            by weight (N x 6,25)
      17.02 B II a)         Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %      226,90
                            or more by weight of the pure product, in the form of white crystalline powder,
                            whether or not agglomerated (4)
      17.02 B lib)          Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­       173,96
                            ing, in the dry state, 99 % or more by weight of the pure product, other than
                            glucose in the form of white crystalline powder, whether or not agglomerated (4)
      17.02 F II a)         Caramel, other than caramel containing 50 % or more by weight of sucrose in the        237,71
                            dry matter, in the form of powder, whether or not agglomerated
      17.02 F lib)           Caramel, other than caramel containing 50 % or more by weight of sucrose in the       165,32
                            dry matter, other than in the form of powder
      21.07 F II             Flavoured or coloured glucose syrup, and malto-dextrine syrup                          173,96
      23.02 A I a)           Brans sharps and other residues derived from the sifting, milling or working of         28,85
                             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         28,85
                             maize or rice, of a starch content exceeding 35 % by weight, and not having under­
                            gone a denaturing process, or of a starch content exceeding 45 % by weight and
                             having undergone denaturing process
      23.02 A II a)          Brans, sharps and other residues derived from the sifting, milling or working of         28,85
                             cereals other than maize or rice, of a starch content not exceeding 28 % by weight
                             and of which the percentage which passes through a sieve with an aperture of 0,2
                             mm does not exceed 10 % by weight or of which the sifted product has an ash
                             content, calculated on dry matter, not exceeding 1,5 % by weight
      23.02 A II b)          Brans, sharps and other residues derived from the sifting, milling or working of         28,85
                             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               86,44
                             steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                             by weight (N x 6,25)
 ---pagebreak---  No L 120/ 62                              Official Journal of the European Communities                                          8 . 5 . 86
(') 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.
(2) 'Hulled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821 /68 (OJ No L 149, 29 . 6.
    1968 , p. 46).
(3) '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 is granted on products falling within this subheading which have a starch content of not less than 85 % by weight.
(6) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by weight.
Q The analytical method to be used for the determination of the fatty matter content is that printed in Annex I (method A) to Directive
    84/4/ EEC (OJ No L 15, 18 . 1 . 1984, p. 28).
(8) The procedure to be followed for the determination of the fatty matter content is as follows :
    — the sample has to be crushed so that 90 % or more can pass through a sieve with an aperture of 500 microns and 100 % can pass
        through a sieve with an aperture of I 000 microns,
    — the analytical method to be used afterwards is that which is printed in Annex I (Method A) to Directive 84/4/EEC (OJ No L 15, 18 .
        1 . 1984, p. 28).