CELEX: 31977R1440
Language: en
Date: 1977-07-01 00:00:00
Title: Commission Regulation (EEC) No 1440/77 of 30 June 1977 fixing the export refunds on products processed from cereals and rice

No L 161 / 18                              Official Journal of the European Communities                                 1 . 7. 77
                                    COMMISSION REGULATION (EEC) No 1440/77
                                                           of 30 June 1977
                    fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                        832/76 (7), 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                          Regulation (EEC) No 2744/75, particular account
2727/75 of 29 October 1975 on the common organiza­                    should be taken of the prices and quantities of basic
tion of the market in cereals (5 ), as last amended by                products used to calculate the variable component of
Regulation (EEC) No 3138 /76 (2), and in particular the               the levy ; whereas Article 8 of Regulation (EEC) No
fourth subparagraph of Article 16 (2) thereof,                        2744/75 and Article 1 of Regulation (EEC) No
                                                                      1077/68 (8), as amended by Regulation (EEC) No
Having regard to          Council Regulation (EEC) No                 2764/71 (9), provide that the amount of the export
1418/76 of 21 June         1976 on the common organiza­               refund should, for certain products, be reduced by an
tion of the market        in rice (3), 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                       Whereas when the refund is being calculated account
an export refund ;
                                                                      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 (4), 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 (5) 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 worid                 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 the refund to be granted in respect of certain
Whereas Article 6 of Council Regulation ( EEC) No                     processed products should be graduated on the basis
2744/75 of 29 October 1975 on the import and export                   of the ash, crude fibre, tegument, protein, fat and
system for products processed from cereals and from                   starch content of the individual product concerned,
rice (6), as amended by Regulation (EEC) No                           this content being a particularly good indicator of the
                                                                      quantity of basic product actually incorporated in the
 1) OJ   No L 281 , 1.11 . 1975 , p . 1 .
 2) OJ   No L 354,  24. 12. 1976, p . 1 .                             processed product ;
 3) OJ   No L 166,  25 . 6 . 1976, p . 1 .
 4) OJ   No L 281 , 1 . 11 . 1975, p . 78 .                           ( 7) OJ No L 100 , 14. 4. 1976, p. 1 .
 5) OJ   No L 166,  25. 6. 1976, p. 36.                               (8) OJ No L 181 , 27. 7 . 1968, p. 1 .
 6) OJ   No L 281 , 1 . 11 . 1 975, p . 65 .                          H OJ No L 283 , 24. 12. 1971 , p. 30.
 ---pagebreak--- 1 . 7 . 77                             Official Journal of the European Communities                           No L 161 / 19
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
origin of these products ; whereas, for certain products          Whereas the refund must be fixed once a month ;
processed from cereals, the insignificance of Commu­             whereas it may be altered in the intervening period ;
nity participation in world trade makes it unnecessary
to fix an export refund at the present time ;                     Whereas the measures provided for in this Regulation
                                                                  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
to destination ;                                                  HAS ADOPTED THIS REGULATION :
Whereas Regulation (EEC) No 2806/71 (') lays down
additional rules for granting export refunds for certain                                      Article 1
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
— in the case of currencies which are maintained in               Regulation (EEC) No 2744/75 are hereby fixed as
     relation to each other, at any given moment,                 shown in the Annex to this Regulation .
     within a band of 2-25 % , a rate of exchange based
     on their effective parity ;                                                              Article 2
— for other currencies an exchange rate based on the
     arithmetic mean of the spot market rates of each             This Regulation shall enter into force on 1 July 1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
               Done at Brussels, 30 June 1977.
                                                                                For the Commission
                                                                                 Finn GUNDELACH
                                                                                    Vice-President
(') OJ No L 284, 28 . 12 . 1971 , p . 9 .
 ---pagebreak--- No L 161 /20                             Official Journal of the European Communities                          1 . 7. 77
                                                              ANNEX
                  to the Commission Regulation of 30 June 1977 fixing the export refunds on products
                                                   processed from cereals and rice
                                                                                                               (u ,a Jtonne)
         Number
     in nomenclature                                   Nomenclature in simplified wording                      Refund
     uied for refunds
 11.01 C (I)              Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 °/o by    91-60
                          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 °/o by       96-81
                          weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 % by
                          weight, of a moisture content not exceeding 11 °/o 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 e/o by      90-19
                          weight and of a crude fibre content, referred to dry matter, not exceeding
                          0-8 °/o by weight
11.01 E (II)              Maize flour, of a fat content, referred to dry matter, exceeding 1-3 % but not       77-31
                          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)                               56-04
11.01 F                   Rice flour                                                                           58-17
11.02 A III (a)           Barley groats and meal, of an ash content, referred to dry matter, not exceeding     94-65
                          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        96-81
                          2-3 °/o 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      128-84
                          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       90-19
                          1-3 % By weight and of a crude fibre content, referred to dry matter, not
                          exceeding 0-8 °/o by weight ( 1)
11.02 A V (c)             Maize groats and meal, of a fat content, referred to dry matter, exceeding           77-31
                          1-3 % by weight but not exceeding 1-7 °/o by weight and of a crude fibre content,
                          referred to dry matter, not exceeding 1Ό % weight i1 )
11.02 A VI                Rice groats and meal                                                                 58-17
11.02 B I a ) 1 ( aa)     Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not    91-60
                          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                                                                           —
11.02 B I a) 2 bb) (11)   Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not      86-06
                          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 (*)
11.02B I ·) 2 bb) (22)    Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) (11 ) (a)     0
 ---pagebreak---  1 . 7. 77                              Official Journal of the European Communities                        No L 161 /21
                                                                                                               (u.a.ltonnei
          Number
      ¡n 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    91-60
                        exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                        not exceeding 0-9 °/o by weight ('Grütze' or 'Grutten') (®)
 1 1.02 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)
                        Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not      91-43
 11.02 B lb) 2 (aa )
                        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 (*)                                0
 11.02 C III ( a)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 ®/o by     122-13
                       weight (without talc) — 1st category (s)
11.02 C III (b)                                                                                                97-70
                       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by
                       weight (without talc) — 2nd category (*)
11.02 C IV             Pearled oats (s )                                                                          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 ®/o by­         91-60
                       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 ®/o by       107-57
                       weight, of a tegument content not exceeding 0-1 °/o, of a moisture content not
                       exceeding 12 % and of which the Peroxydase is virtually inactivated
11,012 E I b ) 2 (bb ) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 c/o by        86-06
                       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         103-08
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 % by weight
                                                                                                               83-75
ex 11.02 E II c) ( 2 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 ®/o 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 °/o but not
                       exceeding 1-7 °/o by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 % weight
11.02 E II e) 1        Flaked rice                                                                             58-17
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                                             22-32
11.02 G II             Gem of cereals other than wheat, whole, rolled, flaked or ground                        16-11
 ---pagebreak--- No L 161 /22                               Official Journal of the European Communities                                           1 . 7. 77
                                                                                                                                  (u.a.ltonne)
          Number
      in nomenclature                                        Nomenclature in simplified wording                                   Refund
      naed for refunds
 11.08 A I                    Maize starch                                                                                        92-70
11.08 A II                    Rice starch                                                                                         66-53
 11.08 A III                  Wheat starch                                                                                       174-22
 11.08 AIV                    Potato starch                                                                                       92-70
 11.08 A V                    Starches other than maize, rice, wheat, or potato starch                                            92-70
 11.09 A                      Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                        0
                              82 °/o by weight (N X 6-25)
 17.02 B II a)                 Glucose other than glucose containing, in the dry state, 99 °/o or more by weight                 120-92
                               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 °/o or more by                       92-70
                              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                    120-92
                              or not agglomerated
 17.05 B II                   Flavoured or coloured glucose and glucose syrup, other than in the form of                          92-70
                              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                       0
                              maize or rice of a starch content not exceeding 35 °/o by weight
23.02 A I b) 2                Brans, sharps and other residues derived from the sifting, milling or working of                       0
                              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                          0
                              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                       0
                              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                         115-16
                              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 through a sieve with an aperture of 150 microns.
(*) 'Hulled grains ' are grains corresponding to the definition given in the Annex to Regulation (FEC) No 821/68 (OJ No L 149, 29. 6. 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. 19ft,
    p. 46).
O 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 aubheading 17.02 B II.