CELEX: 31974R1539
Language: en
Date: 1974-06-21 00:00:00
Title: Regulation (EEC) No 1539/74 of the Commission of 20 June 1974 fixing the export levies on cereals

No L 166/ 16                              Official Journal of the European Communities                              21 . 6. 74
                               REGULATION (EEC) No 1539/74 OF THE COMMISSION
                                                           of 20 June 1974
                                                 fixing the export levies on cereals
 THE COMMISSION OF THE EUROPEAN                                       in the Community an export levy should be intro­
 COMMUNITIES,                                                        ducted for common wheat and rice pellets ;
 Having regard to the Treaty establishing the European
 Economic Community ;                                                Whereas the threshold prices for the 1973/74
                                                                      marketing year were fixed by Council Regulation
                                                                     (EEC) No 1964/73(5) of 17 July 1973 ;
 Having regard to Council Regulation No 120/
 67/EEC ( 1 ) of 13 June 1967 on the common organiza­
 tion of the market in cereals, as last amended ' by Regu­           Whereas Article 3 of Regulation (EEC) No 1968/73
 lation (EEC) No 1346/73 (2) ;                                       specifies that when the export levy is being fixed
                                                                      account must be taken of the existing situation and
                                                                      the future trend with regard to prices and availabilities
 Having regard to Council Regulation (EEC) No                         of cereals on the Community market on the one hand
  1968/73 (3) of 19 July 1973 laying down general rules               and prices for cereals and cereal products on the word
 to be applied in the event of the cereals market being               market on the other ; whereas the same article
 disturbed, as amended by Regulation (EEC) No                         provides that it is also important to ensure equili­
 2632/73 (4) and in particular Article 4 (2) thereof ;                brium and the natural development of prices and
                                                                      trade on cereal markets and furthermore, to take into
                                                                      account the economic aspect of the proposed exports
 Having regard to the Opinion of the Monetary                         and the need to avoid disturbances on the Commu­
 Committee ;                                                          nity market ;
 Whereas Article 19 of Regulation No 120/67/EEC
 provides that the necessary measure may be taken if                 Whereas for the products, other than starches, listed
 the cif price of one or more products is appreciably                 in Article 1 (c) and (d) of Regulation No 120/67/EEC
 higher than the threshold price and if that situation is             the specific factors set out in Article 3 (2) of Regula­
 likely to continue thereby disturbing or threatening to              tion (EEC) No 1968 /73 must also be taken into
                                                                      account ;
 disturb the Community market ;
 Whereas Regulation (EEC) No 1968 /73 specifies that                 Whereas the export levy may be varied if the world
 the cif price may be regarded as appreciably higher                  market situation or the specific requirements of
 than the threshold price when it exceeds it by at least              certain markets make this necessary ;
 2 % ; whereas this excess may be regarded as being
 likely to continue where an imbalance between supply
'and demand is established and where this imbalance
 is likely to persist having regard to foreseeable produc­           Whereas, if the levy system is to operate normally, the
 tion and market price trends ;                                       following should be used to calculate the levies :
 Whereas the high level of prices in international trade             — for currencies the exchange rates for which are
 could impede importation of common wheat and rice                        kept at any given moment within a band of
                                                                          2-25 % , at a conversion rate based on their actual
 into the Community or provoke .exportation from the
 Community ;                                                              parity ;
                                                                     — for other currencies a conversion rate based on the
 Whereas the situation described above can be said to
                                                                          arithmetic mean of the spot market rates for each
 exist at the present time ; whereas to ensure supplies                   of these currencies against the Community curren­
                                                                          cies referred to in the preceding paragraph over a
 (!) OJ  No  117, 19 . 6. 1967, p . 2269/67.                              specified period ;
 (2) OJ  No  L 141 , 28 . 5 . 1973, p. 8 .
 (3) OJ  No  L 201 , 21 . 7. 1973,  p. 10 .
 (4) OJ  No  L 272, 29.   9. 1973,  p. 18 .                          (5) OJ No L 201 , 21 . 7. 1973, p. 3 .
 ---pagebreak--- 21 . 6 . 74                      Official Journal of the European Communities                     No L 166/ 17
Whereas it follows from applying the rules outlined         HAS ADOPTED THIS REGULATION :
above to the present situation on the market in                                   Article 1
cereals, and in particular to quotations or prices for
these products within the Community and on the              The export levies referred to in the first indent of
world market, that the export levies, should be fixed       Article 2(1 ) of Regulation (EEC) No 1968/73 are
as shown in the Annex to this Regulation ;                  hereby fixed at the amounts shown in the Annex.
                                                                                  Article 2
Whereas the Management Committee for Cereals has
not delivered an opinion within the time-limit set by       This Regulation shall enter into force on 21 June
its Chairman ,                                              1974.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 20 June 1974.
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                 Member of the Commission
 ---pagebreak--- No L 166/ 18                            Official Journal of the European Communities                           21 . 6. 74
                                                               ANNEX
                to the Commission Regulation of 20 June 1974 fixing the export levy in the cereal sector
  CCT heading                                                '      . .                                         ,     .
                                                               Description                                  u.a./metric ton
ex 10.01 A             Common wheat and meslin, excluding , officially certified seeds (*)                        10-00
ex 10.02               Rye, excluding officially certified seeds (*)
ex 10.03               Barley, excluding officially certified seeds (*)
ex 10.04               Oats, excluding officially certified seeds (J )
   10.05 B             Maize other than hybrid maize for sowing
   10.07 C             Grain sorghum
ex 11.01 A             Wheat flour
   11.02 A I a)        Durum wheat groats and meal
   11.02 A lb)         Common wheat groats and meal
   11.01               Flour of cereals :
                       C. Barley flour
                       D. Oat flour
                       E. Maize flour :
                            I. Of a fat content not exceeding 1*5 °/o by weight
                           II . Other
                       H. Millet flour
                       K. Grain sorghum flour
    11.02              Cereal groats and cereal meal ; other worked cereal grains (for example, rolled,
                       flaked, polished, pearled or kibbled, but not further prepared), except husked,
                       glazed, polished or broken rice ; germ of cereals, whole, rolled, flaked or ground :
                       A. Cereal groats and cereal meal :
                                II. Rye
                              III. Barley :
                                    a) Of an ash content not exceeding 1 °/o by weight
                                    b) Barley groats and meal not included under No 11.02 A III a)
                               IV. Oats :
                                    a) Of an ash content not exceeding 2-3 % by weight
                                    b) Oat groats and meal not included under No 11.02 A IV a)
 ---pagebreak---           I
21 . 6 . 74                        Official Journal of the European Communities                No L 166/19
  CCT heading
       No                                              Description                              u . a . /metric ron
11.02                 V. Maize :
(cont'd)
                           a) Of a fat content not exceeding 1-5 °/o by weight :
                               1 . For the brewing industry
                               2. Other
                           b) Other
                 VIII. Millet
                     IX. Grain sorghum
              B. Hulled grains (shelled or husked), whether or not sliced or kibbled :
                  I. Barfey, oats, buckwheat and millet :
                        a) hulled (shelled or husked) :
                           1 . Barley (*)
                           2 . Oats :
                               aa) Clipped oats
                               bb) Other :
                                    (11) Of an ash content not exceeding 2-3 °/o by weight (2)
                                    (22 ) Other (2)
                           4. Millet
                        b) Hulled and sliced or kibbled ('Griitze or grutten') :
                           1 . Barley (■)
                           2 . Oats :
                               aa) Of an ash content not exceeding 2-3 °/o by weight (2)
                               bbj Other (2)
                           4. Millet («)
                 II . Other cereals :
                        a) Wheat (■)
                        b) Rye («)
                        c) Maize (2)
                       d ) Grain sorghum (*)
              C. Pearled grains :
                      I. Wheat (3)
                     II. Rye (8)
                   III. Barley :
                          a) Of an ash content (without talc) not exceeding 1 % by weight —
                              1st category (8)
                          b) Other (8)
                   IV. Oats (8)
                     V. Maize (•)
                  VII. Millet (•)
                 VIII. Grain sorghum (•)
 ---pagebreak--- No L 166/20                       Official Journal of the European Communities     21 . 6. 74
  CCT heading                                         _    . .                      ,
      No                                              Description              u .*./metric ton
11.02         D. Grains not otherwise worked than kibbled :
(cont'd)               I. Wheat
                      II. Rye
                     III. Barley
                     IV. Oats
                      V. Maize
                    VII. Millet
                  VIII. Grain sorghum
              E. Rolled grains ; flaked grains :
                   I. Barley, oats, buckwheat and millet t
                        a) Rolled :
                           1 . Barley
                           2 . Oats
                           4. Millet
                        b) Flaked :
                           1 . Barley
                           2 . Oats
                           4 . Millet
                  II. Other cereals :
                        a) Wheat
                        b) Rye
                        c) Maize
                       d) Grain sorghum
              F. Pellets :
                      I. Wheat
                     II. Rye
                    III. Barley
                    IV. Oats
                     V. Maize
                    VI. Rice                                                       120-00
                 VIII. Millet
                    IX. Grain sorghum
              G. Germ of cereals, whole, rolled, flaked or ground
                  I. Wheat
                 II. Other
 ---pagebreak--- 21 . 6. 74                     Official Journal of the European Communities                     No L 166/21
  CCT heading                                        -    . .                                        ,
      No                                             Description                                 u.a./metric to*
11.07         Malt, roasted or not :
              A. Unroasted :
                   I. Obtained from wheat :
                      a) In the form of flour
                      b) Other
                  II. Other :
                      a) In the form of flour
                      b) Other
              B. Roasted
13.02         Bran, sharps and other residues derived from the sifting, milling or working of
              cereals or of leguminous vegetables :
              A. Of cereals :
                   I. Of maize or rice :
                      a) With a starch content not exceeding 35 % (by weight
                      b) Other :
                          1 . With a starch content exceeding 35 °/o but not exceeding 45 % by
                              weight, and having undergone a denaturing process
                          2. Other
                 II. Of other cereals :
                      a) Of which the starch content does not exceed 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 sieved pro­
                         duct has an ash content, calculated on the dry product, of 1-5 % or
                         more by weight
                      b) Other
23.07         Sweetened forage, other preparations of a kind used in animal feeding :
              B. Other, containing starch, glucose or glucose syrup falling within subheading
                 Nos 17.02 B and 17.05 B, or imilk products, mixed with other products too :
                 ex I. Preparations of a kind used in animal feeding, covered by Regulation
                         (EEC) No 968/68, of a milk powder content of less than 50 % by weight
                         and of cereal products (4) content by weight :
                         — Exceeding 5 % but not exceeding 15 %
                        — Exceeding 15 % but not exceeding 30 %
                        — Exceeding 30% but not exceeding 50 %
                        — Exceeding 50 % but not exceeding 65 %
                        — Exceeding 65 %
 ---pagebreak---  No L 166/22                                      Official Journal of the European Communities                                          21 . 6 . 74
 (') Officially certified seeds are understood to be those seeds contained in the packages officially sealed and officially labelled as 'basic seed',
      'certified seed, first generation', 'certified seed, second generation* conforming to the provisions of the Council Directive of 14 June 1966
      on the marketing of cereal seed (OJ No 125, 11 . 7. '1966, p. 2309/66) and of the Council Decision of 26 March 1973 on the equivalence of
      seed produced in Denmark, Ireland and the United Kingdom (OJ No          L 106, 20. 4. 1973 , p. 12).
 (*) 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).
(4) ' Cereals products' means the products falling within Chapter 10 and       heading Nos 11.01 and 11.02 (excluding subheading No 11.02 G) ol
     the Common Customs Tariff.