CELEX: 31976R3208
Language: en
Date: 1976-12-31 00:00:00
Title: Commission Regulation (EEC) No 3208/76 of 30 December 1976 fixing the export refunds on products processed from cereals and rice

No L 362/ 6                                 Official Journal of the European Communities                             31 . 12. 76
                                     COMMISSION REGULATION (EEC) No 3208/76
                                                         of 30 December 1976
                     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 (*), 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 1 6 (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 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 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
(')  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 .
(«)  OJ   No L 281 , 1 . 11 . 1975, p . 78 .                           o OJ No L 100, 14. 4. 1976, p . 1 .
(s ) OJ   No L 166,  25 . 6 . 1976, p. 36 .                            (8) OJ No L 181 , 27 . 7. 1968 , p. 1 .
(*>) OJ   No L 281 , 1 . 11 . 1975, p . 65 .                           (') OJ No L 283, 24. 12. 1971 , p. 30 .
 ---pagebreak--- 31 . 12. 76                          Official Journal of the European Communities                        No L 362/7
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 measures provided for in this Regulation
nity participation in world trade makes it unnecessary         are in accordance with the opinion of the Manage­
to fix an export refund at the present time ;                  ment Committee for Cereals,
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 ( !) lays down
additional rules for granting export refunds for certain       The export refunds on the products listed in Article 1
products processed from cereals and rice ;                     (d) of Regulation (EEC) No 2727/75 and in Article 1
                                                               ( 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
                                                               However the conditions of Regulation (EEC) No
     relation to each other, at any given moment,              2646/76 relating to malt remain applicable.
     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 January
     of these currencies recorded for a given period, in        1977 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 December 1976.
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
(■) OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak---  No L 362/8                               Official Journal of the European Communities                           31 . 12. 76
                                                               ANNEX
          Number                                                                                                   Refund io
      in nomenclature                                  Nomenclature ¡n simplified wording                      u. a. /metric ton
      used for refunds                                                                                        (third countriei)
  11.01 C (I)              Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 °/o by          68-85
                           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           88-50
                           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 β/ο by            74-52
                           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 °/o but not           63-87
                           exceeding 1 -7 % by weight and of a crude fibre content, referred to dry matter,
                           not exceeding 1 °/o by weight
 11.01 E (III)             Maize flour not included under No 11.01 E (I) and (II)                                    46-31
 11.01 F                   Rice flour                                                                                57-54
 11.02 A III (a)           Barley groats and meal, of an ash content, referred to dry matter, not exceeding          71-15
                           1 %> by weight and of a crude fibre content, referred to dry matter, not
                           exceeding 0-9 °/o 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             88-50
                           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          106-45
                           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             74-52
                           1 ·3 % by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 0-8 °/o by weight O
11.02 A V (c)             Maize groats and meal, of a fat content, referred to dry matter, exceeding                 63-87
                          1-3 °/o 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                                                                      57-54
11.02 B I a) 1 (aa)       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not         68-85
                          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) (■)              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           78-67
                          exceeding 2-3 °/o by weight, of a tegument content not exceeding 0·5 °/o of a
                          moisture content not exceeding 11 % and of which the peroxydase is virtually
                          inactivated (*)
U.02B I a) 2 bb) (22)     Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11) (*)          0
 ---pagebreak--- 31 . 12 . 76                         Official Journal of the European Communities                           No L 362/9
         Number                                                                                                 Refund in
     in nomenclature                                  Nomenclature in simplified wording                    u. a. /metric ton
     used for refunds                                                                                      (third countries)
11.02 B I b) 1 (aa)    Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not         68-85
                       exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 0-9 % 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           83-58
11.02 B I b ) 2 (aa)
                       exceeding 2-3 % weight, of a tegument content not exceeding 0-1 °/o, of a moisture
                       content not exceeding 11 % 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           91-80
                       weight (without talc) — 1st category (')
11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by           73-44
                       weight (without talc) — 2nd category (s)
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 % by                68-85
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-9 °/o 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            98-33
                       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
11,02 E I b) 2 (bb)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 '/o by            78-67
                       weight, of a tegument content exceeding 0-1 °/o 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 )               —
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0·9 °/o by            85-16
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 % by weight
ex 11.02 E II c) ( 2)  Flaked maize, of a fat content, referred to dry matter, not exceeding 1·3 β/ο by            69-19
                       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 e/o but not
                       exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 °/a weight
 11.02 E II e) 1       Flaked rice                                                                                 57-54
 11.02 F III           Barley pellets                                                                                —
 11.02 F IV            Oat pellets                                                                                   —
 11.02 F V             Maize pellets                                                                                 —
 11.02 G I             Wheat germ, whole, rolled, flaked or ground                                                 19-49
 11.02 G II            Gem of cereals other than wheat, whole, rolled, flaked or ground                            13-31
 ---pagebreak--- No L 362/ 10                               Official Journal of the European Communities                                           31 . 12 . 76
          Number                                                                                                                     Refund in
      hi nomenclature                                       Nomenclature in simplified wording                                   u. a. /metric ton
     used (or refunds                                                                                                           (third countries)
11.08 AI                      Maize starch                                                                                              72-68
11.08 A II                    Rice starch                                                                                               65-53
11.08 A III                   Wheat starch                                                                                            146-52
11.08 AIV                     Potato starch                                                                                             72-68
11.08 A V                     Starches other than maize, rice, wheat, or potato starch                                                  72-68
11.09 A                       Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                         266-40
                              82 % 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                         94-79
                              of the pure product, in the form of white crystalline powder, whether or not
                              agglomerated {*)
17.02 B II b )                Glucose and glucose syrup not containing, in the dry state, 99 % or more by                               72-68
                              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                           94-79
                              or not agglomerated
17.05 B II                    Flavoured or coloured glucose and glucose syrup, other than in the form of                                72-68
                              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                            υ
                              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                            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 °/o 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                                90-28
                              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 (EEC) 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. i. IMS
    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 oroduct fallini
    within subheading 17.02 B II .