CELEX: 31974R1043
Language: en
Date: 1974-05-01 00:00:00
Title: Regulation (EEC) No 1043/74 of the Commission of 30 April 1974 fixing the export refunds on products processed from cereals and rice

No L 119/24                              Official Journal of the European Communities                                 1 . 5 . 74
                               REGULATION (EEC) No 1043/74 OF THE COMMISSION
                                                         of 30 April 1974
                       fixing the export refunds on products processed from cereals and rice
 THE COMMISSION OF THE EUROPEAN                                      need to avoid disturbances on the Community
 COMMUNITIES,                                                        market ;
 Having regard to the Treaty establishing the European
 Economic Community ;                                                Whereas Article 6 of Council Regulation (EEC) No
                                                                      1052/68 (9) of 23 July 1968 on the import and export
 Having regard to Council Regulation No 120/                         system for products processed from cereals and from
 67/EEC ( 1 ) of 13 June 1967 on the common organiza­                rice, as last amended by Regulation (EEC) No
 tion of the market in cereals, as last amended by Regu­             881 /73 ( 10), defines "the specific criteria to be taken
 lation (EEC) No 1346/73 (2), and in particular the first            into account when the refund on these products is
 sentence of the fourth subparagraph of Article 16 (2)               being calculated ;
 thereof ;
 Having regard to Council Regulation No 359/                         Whereas, on the basis of the criteria laid down in
 67/EEC (3) of 25 July 1967 on the common organiza­                  Regulation (EEC) No 1052/68 , particular account
 tion of the market in rice, as last amended by the                  should be taken of the prices and quantities of basic
 Act (4) annexed to the Treaty (5) on the Accession of               products used to calculate the variable component of
 new Member States to the European Economic                          the levy ; whereas, therefore, as is laid down for the
 Community and the European Atomic Energy                            determination of the variable component, account
 Community, signed at Brussels on 22 January 1972,                   should be taken of the average of the levies on the
 and in particular the first sentence of the fourth sub­             basic products concerned during a representative
 paragraph of Article 1 7 (2) thereof ;                              period, namely the first 25 days of the month
 Having regard to the Opinion of the Monetary                        preceding the month of exportation ; whereas this
 Committee ;                                                         average should be adjusted for the threshold price for
                                                                     these basic products which will be in force during the
 Whereas Article 16 of Regulation No 120/67/EEC                      month of exportation ; whereas Article 8 of Regula­
 and Article 17 of Regulation No 359/ 67/ EEC provide                tion (EEC) No 1052/68 and Article 1 of Regulation
 that the difference between quotations or prices on                 (EEC) No 1077/68 ( n ), amended by Regulation (EEC)
 the world market for the products listed in Article 1               No 2764/71 ( 12), provide that the amount of the
 of those Regulations and prices for those products                  export refund should, for certain products, be reduced
within the Community may be covered by an export                    by an amount equal to the production refund granted
 refund ;                                                            in respect of the basic product ;
 Whereas Article 2 of Council Regulation No 139/
 67/EEC (6) of 21 June 1967 and Article 2 of Council                Whereas it follows from applying these rules and
 Regulation No 366/ 67/EEC (7) of 25 July 1967 laying                criteria to the present situation on the market in
 down general rules for granting export refunds on                   products processed from cereals and rice that the
 cereals and rice respectively and criteria for fixing the          export refund should be fixed at an amount which
 amount of such refunds, as amended by Regulation                   will cover the difference between Community prices
 No 1019/67/EEC (8), provide that when refunds are                  and world market prices ;
 being fixed account must be taken of the existing situ­
 ation and the future trend with regard to prices and               Whereas when the refund is being calculated account
availabilities of cereals, rice and broken rice on the              should be taken of the quantities of raw materials
 Community market on the one hand and prices for                    used to determine the variable component of the
cereals, rice and broken rice on the world market on                levy ; whereas the quantities of raw materials used for
the other ; whereas the same Articles provide that it is            certain processed products may vary according to the
also important to ensure equilibrium and the natural                end use of the product ; whereas, depending on the
development of prices and trade on the markets in                   manufacturing process used, products other than the
cereals and rice and, furthermore, to take into account             main product are obtained, the quantity and value of
the economic aspect of the proposed exports, and the                which may vary with the nature and quality of the
                                                                    main products being manufactured ; whereas cumula­
(>) OJ  No   117, 19 . 6 . 1967, p . 2269/67.                       tion of the refunds on the various products manufac­
(2) OJ  No  L 141 , 28 . 5. 1973, p. 8 .
P)  OJ  No   174, 31 . 7. 1967, p. 1 .                              tured by a single process from the same basic product
(<) OJ  No  L 73, 27. 3 . 1972, p. 14.
(s  OJ  No  L 73 , 27. 3 . 1972, p. 5 .                             o OJ No L 179, 25 . 7. 1968 , p. 8 .
(6) OJ  No   125, 26 . 6. 1967, p. 2453/67.                         ( 10) OJ No L 86, 31 . 3 . 1973, p. 30 .
(7) OJ  No  174, 31 . 7. 1967, p . 34.                              (») OJ No L 181 , 27. 7. 1968 , p. 1 .
(«) OJ  No  311 , 21 . 12. 1967, p . 13 .                           ( ,2) OJ No L 283 , 24. 12. 1971 , p. 30 .
 ---pagebreak---    1 . 5 . 74                          Official Journal of the European Communities                        No L 119/25
  may make it possible, in certain cases, to export to           Whereas, if the refund system is to operate normally,
  third countries at prices which are lower than world           refunds should be calculated on the following basis :
  market prices ; whereas the refund on certain products         — in the case of currencies which are maintained in
  should therefore be limited to an amount which,
                                                                      relation to each other, at any given moment,
  while allowing access to the world market, will ensure             within a band of 2-25 % , a rate of exchange based
  that the aims of the common organization of the                     on their effective parity ;
  markets are respected ;
                                                                 — for other currencies an exchange rate based on the
  Whereas the refund to be granted in respect of certain              arithmetic mean of the spot market rates of each
  processed products should be graduated on the basis                 of these currencies recorded for a given period, in
  of the ash, crude fibre, tegument, protein, fat and                 relation to the Community currencies referred to
  starch content of the individual product concerned,                 in the previous subparagraph ;
  this content being a particularly good indicator of the        Whereas the refund must be fixed once a month ;
  quantity of basic product actually incorporated in the         whereas it may be altered in the intervening period ;
  processed product ;
                                                                 Whereas the measures provided for in this Regulation
  Whereas there is no need at present to fix an export           are in accordance with the Opinion of the Manage­
  refund for manioc, other tropical roots and tubers or          ment Committee for Cereals,
  flours obtained therefrom, given the economic aspect
' of potential exports and in particular the nature and
  origin of these products ; whereas, for certain products       HAS ADOPTED THIS REGULATION :
  processed from cereals, the insignificance of Commu­
  nity participation in world trade makes it unnecessary                                 Article 1
  to fix an export refund at the present time ;
                                                                 The export refunds on the products listed in Article 1
  Whereas the world market situation or the specific             (d) of Regulation No 120/67/EEC and in Article 1 ( 1 )
  requirements of certain markets may make it neces­             (c) of Regulation No 359/67/EEC and subject to Regu­
  sary to vary the refund for certain products according         lation (EEC) No 1052/68 are hereby fixed as shown in
  to destination ;                                               the Annex to this Regulation .
  Whereas Regulation (EEC) No 2806/71 ( J ) lays down                                    Article 2
  additional rules for granting export refunds for certain
  products processed from cereals and rice ;                     This Regulation shall enter into force on 1 May 1974.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 30 April 1974.
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
  (») OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- No L 119/26                              Official Journal of the European Communities                                  1 . 5 . 74
                                                               ANNEX
          Number                                                                                                     Refund in
      in nomenclature                                   Nomenclature in simplified wording                          u.a ./100 kg
      used for refunds                                                                                           (third countrie·)
11.01 C ( I )               Barley flour, of an ash content, referred to dry matter, not exceeding 0·9 ®/o by             0
                            weight and of a crude fibre content, referred to dry matter, not exceeding
                            0-9 °/o 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                  0
                            weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 ®/o 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 (1)                 Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 ®/o by                0
                            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                 0
                            exceeding 1·7°/ο by weight and of a crude fibre content, referred to dry matter,
                            not exceeding 1 e/o by weight
11.01 E ( III)              Maize flour not included under No 11.01 E (I) and (II)                                         0
11.01 F                     Rice flour                                                                                    —
11.01 H                     Millet flour                                                                                   0
11.02 A III ( a )           Barley groats and meal, of an ash content, referred to dry matter, not exceeding               0
                             1 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding
                            0-9 °/o by weight
11.02 AIII (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                  0
                            2-3 % by weight, of a tegument content not exceeding 0-1 °/o, of a moisture con­
                            tent not exceeding 11 °/o and of which the Peroxydase is virtually inactivated
11.02 AIV ( 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                0
                            0-9 °/o 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                0
                            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                    0
                            1-3 Ve 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                                                                         —
11.02 B I a) 1 (aa )        Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not             0
                            exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                            not exceeding 0-9 °/o by weight (*)
11.02 B I a ) 1 ( bb )      Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (■)               0
11.02 B I a) 2 ( aa )       Clipped oats                                                                                  0
1 1.02 B I a) 2 bb ) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not               0
                            exceeding 2-3 °/o by weight, of a tegument content not exceeding 0·5 °/o, of a
                            moisture content not exceeding 11 °/o and of which the Peroxydase is virtually
                            inactivated (*)
1 1 .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---  1 . 5 . 74                         Official Journal of the European Communities                            No L 119/27
          Number                                                                                                Refund in
      ¡n nomenclature                                Nomenclature in simplified wording
      used for refunds
                                                                                                               u.a. /100 kg
                                                                                                            (third countries)
11.02 B I b) 1 (aa)     Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not          0
                        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)
 1 1.02 B I b) 2 (aa )  Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not            0
                        exceeding 2-3 % weight, of a tegument content not exceeding 0*1 %, of a moisture
                        content not exceeding 11 °/o and of which the Peroxydase is virtually inactivated
                       (' Grütze' or ' Grutten') (2)
 11.02 B I b) 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 (*)                                  —
11.02 C III (a)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 ®/o by             0
                       weight (without talc) — 1st category (3)
11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 e/o by             0
                       weight (without talc) — 2nd category (s)
11.02 C IV             Pearled oats (8)                                                                              0
11.02 D II             Rye not otherwise worked than kibbled                                                         0
11.02 E I b ) 1 ( aa ) Flaked oats, of an ash content, referred to dry matter, not exceeding 1 %> by                 0
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0·9 °/o by weight
1 1.02 E I b) 1 (bb)   Flaked barley not included under 11.02 E I b) 1 (aa)                                          0
11.02 E I b ) 2 ( aa)  Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 °/o by              0
                       weight, of a tegument content not exceeding 0Ί °/o, 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 °/o by              0
                       weight, of a tegument content exceeding 0-1 % but not exceeding 1·5 °/o, of a
                       moisture content not exceeding 12 °/o 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)                0
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 °/o by              0
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 °/o by weight
ex 11.02 E II c) ( 2 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 °/o by              0
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-8 °/o by weight
ex 11.02 E II c) (3 )  Flaked maize, of a fat content, referred to dry matter, exceeding 1·3 % but not               0
                       exceeding 1·7°/ο by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 % weight
11.02 E II e) 1        Flaked rice                                                                                 —
11.02 F III            Barley pellets                                                                                0
11.02 F IV             Oat pellets                                                                                  0
11.02 F V              Maize pellets                                                                                0
11.02 G I              Wheat germ, whole, rolled, flaked or ground                                                —
11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                            0
11.07 A I a)           Unroasted malt, obtained from wheat, in the form of flour                                  __
 ---pagebreak---   No L 119/28                               Official Journal of the European Communities                                             1 . 5 . 74
            Number                                                                                                                 Refund in
        in nomenclature                                       Nomenclature in simplified wording                                  u.a./100 kf
       used for refunds                                                                                                        (third countriea)
   11.07 A Î b)                 Unroasted malt, obtained from wheat, other than in the form of flour
  11.07 A II a)                Unroasted malt, other than that obtained from wheat, in the form of flour                              —
  11.07 A II b)                Unroasted malt, other than that obtained from wheat, other than in the form                            —
                               of flour
  11.07 B                       Roasted malt                                                                                          —
  11.08 AI                     Maize starch                                                                                           — .
  11.08 AIII                   Wheat starch                                                                                           —
  11.08 AIV                    Potato starch                                                                                          —
  11.08 A V                    Starches other than maize, rice, wheat, or potato starch                                               —
  11.09 A                      Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                        —
                               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                        —
                               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                             "
                              weight of the pure product, other than glucose in the form of white crystalline
                              powder, whether or not agglomerated (4)
 17.05 B I                    Flavoured or coloured glucose, in the form of white crystalline powder, whether                         —
                               or not agglomerated
 17.05 B II                    Flavoured or coloured glucose and glucose syrup, other than in the form of 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                       —
                               maize or rice of a starch content not exceeding 35 % by weight
 23.02 A I b ) 1               Brans, sharps and other residues derived from the sifting, milling or working of                       —
                              maize or rice, of a starch content exceeding 35 % but not exceeding 45 % by
                              weight, and having undergone a denaturing process
23.02 A I b) 2                 Brans, sharps and other residues derived from the sifting, milling or working of
                               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 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                       —
                              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
                              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 %> of product passes thro ugh 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. 4. IMS,
    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. 1961,
    p. 46).
(') Pursuant to Regulation No 189/66/EEC the product falling within subheading No 17.02 B I enjoys the same export refund as the product foi­
    ling within subheading No 17.02 B II .