CELEX: 31978R2798
Language: en
Date: 1978-12-01
Title: Commission Regulation (EEC) No 2798/78 of 30 November 1978 fixing the export refunds on products processed from cereals and rice

1 . 12. 78                                Official Journal of the European Communities                         No L 334/ 13
                                      COMMISSION REGULATION (EEC) No 2798/78
                                                       of 30 November 1978
                      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 (J), 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                        1077/68 (9), as amended by Regulation (EEC) No
 1418/76 of 21 June 1976 on the common organiza­                     2764/71 (10), provide that the amount of the export
 tion of the market in rice (3), as last amended by Regu­            refund should, for certain products, be reduced by an
 lation (EEC) No 1 260/78 (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
  P)  OJ No  L  156,   14. 6.   1978, p. 1.
  0   OJ No  L  166,   25. 6.   1976, p. 1.                           O OJ No L 281 , 1 . 11 . 1975, p. 65.
  (<) OJ No  L  156,   14. 6.   1978, p. 11 .                         (») OJ No L 273, 29. 9. 1978, p. 1 .
  (5) OJ No  L  281 ,  1 . 11 . 1975, p. 78.                          O OJ No L 181 , 27. 7. 1968, p. 1 .
   ') OJ No  L  166,   25. 6.   1976, p. 36.                          (»°) OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak---  No L 334/ 14                       Official Journal of the European Communities                              1 . 12. 78
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 Management Committee for Cereals has
 nity participation in world trade makes it unnecessary       not delivered an opinion within the time limit set by
 to fix an export refund at the present time ;                its chairman,
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 (l) 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 each 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 December
     their effective parity ;                                  1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 30 November 1978 .
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President
(») OJ No L 284, 28. 12. 1971 , p. 9.
 ---pagebreak--- 1 . 12. 78                              Official Journal of the European Communities                            No L 334/ 15
                                                               ANNEX
                  to the Commission Regulation of 20 November 1978 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 °/o by       132.26
                           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            146.48
                           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           113.13
                           weight and of a crude fibre content, referred to dry matter, not exceeding
                           0.8 % by weight
 11.01 E (II)              Maize flour, of a fat content, referred to dry matter, exceeding 1.3 % but not            96-97
                           exceeding 1.7 % by weight and of a crude fibre content, referred to dry matter,
                           not exceeding 1 % by weight
 11.01 E (III )             Maize flour not included under No 11.01 E (I) and (II)                                   70.30
 11.01 F                   Rice flour                                                                                60.22
 11.02 A III ( a)          Barley groats and meal, of an ash content, referred to dry matter, not exceeding        136.66
                            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          144-48
                            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         145.46
                            0.9 % by weight and a crude fibre content, referred to dry matter, not exceeding
                            0.6 % by weight (*)
 11.02 A V (b )             Maize groats and meal, of a fat content, referred to dry matter, not exceeding         113-13
                            1.3 % by weight and of a crude fibre content, referred to dry matter, not
                            exceeding 0.8 % by weight (*)
 11.02 A V (c)              Maize groats and meal, of a fat content, referred to dry matter, exceeding               96-97
                            1.3 % by weight but not exceeding 1.7 % by weight and of a crude fibre content,
                            referred to dry matter, not exceeding 1.0 % weight (*)
 11.02 A VI                 Rice groats and meal                                                                     60.22
 11.02 B I a) 1 ( aa)       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not      132.26
                            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         130.21
                            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 334/ 16                          Official Journal of the European Communities                           1 . 12. 78
                                                                                                               (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  132.26
                          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 Bib ) 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     138.35
                         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      176.34
                         weight (without talc) — 1st category (3)
  11.02 C III (b )       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by      141.07
                         weight (without talc) — 2nd category (3)
  11.02 CIV              Pearled oats (3)                                                                         0
• 11.02 D II             Rye not otherwise worked than kibbled                                                   —
  11.02 E I b) 1 ( aa)   Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by         132.26
                         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 lb ) 2 ( aa )  Flaked oats, of an ash content, referred to dry matter, not exceeding 2.3 % by       162.76
                         weight, of a tegument content not exceeding 0.1 % , of a moisture content not
                         exceeding 12 % and of which the peroxydase is virtually inactivated
  11.02 E lb ) 2 ( bb)   Flaked oats, of an ash content, referred to dry matter, not exceeding 2.3 % by       130.21
                         weight, of a tegument content exceeding 0.1 % but not exceeding 1.5 % , of a
                         moisture content not exceeding 12% and of which the peroxydase is virtually
                         inactivated
  11.02 E lb ) 2 ( cc)   Flaked oats not included under Nos 11.02 E I b) 2 (aa) and 11.02 E I b) 2 (bb)          —
 ex 11.02 E lie) ( 1 )   Flaked maize, of a fat content, referred to dry matter, not exceeding 0.9 % by       129.30
                         weight and of a crude fibre content, referred to dry matter, not exceeding
                         0.7 % by weight
                         Flaked maize, of a fat content, referred to dry matter, not exceeding 1.3 % by       105.05
 ex 11.02 E lie) (2 )
                         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                                                                           60.22
 11.02 Fill              Barley pellets                                                                          —
 11.02 F IV              Oat pellets                                                                             —
 11.02 FV                Maize pellets                                                                           —
 11.02 G I               Wheat germ, whole, rolled, flaked or ground                                           20.42
11.02 G II               Germ of cereals other than wheat, whole, rolled, flaked or ground                     20.21
 ---pagebreak--- 1 . 12 . 78                               Official Journal of the European Communities                                          No L 334/ 17
                                                                                                                                    ( u.a. / tonne )
          Number
      in nomenclature                                        Nomenclature in simplified wording                                     Refund
      used for refunds
11.07 Ala)                    Unroasted malt, obtained from wheat, in the form of flour                                               97.40
11.07 A II a)                 Unroasted malt, other than that obtained from wheat, in the form of flour                             105.15
11.08 A I                     Maize starch                                                                                          102.73
11.08 All                     Rice starch                                                                                             54.60
11.08 A III                   Wheat starch                                                                                          126.24
11.08 A IV                    Potato starch                                                                                         102.73
11.08 A V                     Starches other than maize, rice, wheat, or potato starch                                              102.73
11.09 A                       Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                       153-78
                              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                       134- CO
                              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                           102.73
                              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                            102.73
                              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                        20.05
                              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                        20.05
                              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                        20-05
                              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                        20.05
                              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                            127.62
                              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 .