CELEX: 31976R0436
Language: en
Date: 1976-02-28 00:00:00
Title: Commission Regulation (EEC) No 436/76 of 26 February 1976 fixing the import levies on products processed from cereals and rice

28 . 2. 76                                  Official Journal of the European Communities                          No L 53/23
                                     COMMISSION REGULATION (EEC) No 436/76
                                                         of 26 February 1976
                       fixing the import levies on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                         these products and for compound feedingstuffs manu­
COMMUNITIES,                                                           factured from cereals (6), as last amended by Regula­
                                                                       tion (EEC) No 1997/75 (7), provides that the levy thus
                                                                       determined, increased by the fixed component, is
Having regard to the Treaty establishing the European                  valid in general for one month but is altered where
Economic Community,
                                                                       the levy applicable to the basic product concerned
                                                                       differs by not less than 2-5 units of account per metric
Having regard to Council Regulation (EEC) No                           ton from the average of the levies calculated as
2727/75 of 29 October 1975 on the common organi­                       described above ;
zation of the market in cereals (*), as amended by
Regulation (EEC) No 3058/75 (2), and in particular
Article 14 (4) thereof,                                                Whereas in accordance with Article 5 of Regulation
                                                                       (EEC) No 2744/75 and Article 2 of Regulation (EEC)
                                                                       No 1579/74, the levy on certain processed products
Having regard to Council Regulation No 359/                            must be reduced by an amount equal to the produc­
67/EEC of 25 July 1967 on the common organiza­                         tion refund granted in respect of basic products for
tion of the market in rice (3), as last amended by Regu­               processing ; whereas Regulation (EEC) No 1921 /75 (8)
lation (EEC) No 668/75 (4), and in particular Article                  laid down certain transitional measures in respect of
12 (4) thereof,                                                        starches ;
Having regard to the opinion of the Monetary
Committee ,                                                            Whereas the fixed component of the levy is specified
                                                                       in Regulation (EEC) No 2744/75 ;
Whereas the rules to be applied to calculating the vari­
able component of the import levy on products                          Whereas, in order that account may be taken of the
processed from cereals and rice are laid down in                       interests of the African, Caribbean and Pacific States
Article 14 ( 1 ) (A) of Regulation (EEC) No 2727/75 and                or in the 'overseas countries and territories', the levy
Article 12 ( 1 ) (a) of Regulation No 359/67/EEC ;                     relating to them in respect of certain products
whereas Article 2 of Council Regulation (EEC) No                       processed from cereals must be reduced by the
2744/75 of 29 October 1975 on the import and                           amount of the fixed component and, in respect of
export system for products processed from cereals and                  some of these products, by part of the variable compo­
rice (5), provides that the incidence on the prime costs               nent , whereas this reduction must be made in accor­
of these products of the levies applicable to their basic              dance with Article 12 of Council Regulation (EEC)
products should be calculated on the basis of the                      No 1599/75 of 24 June 1975 on the arrangements
average of the levies applicable to these basic products               applicable to agricultural products and certain goods
for the first twenty-five days of the month preceding                  resulting from the processing of agricultural products
that of importation ; whereas this average, adjusted on                originating in the African, Caribbean and Pacific
the basis of the threshold price valid for the basic                   States or in the 'overseas countries and territories' (9),
products in question during the month of importa­                      as amended by Regulation (EEC) No 3329/75 (,0) ;
tion, is calculated on the basis of the quantities of
basic products considered to have been used in the
manufacture of the processed product or the
competing product which serves as a reference for                      Whereas Article 4 (2) of Regulation (EEC) No 2744/75
processed products not containing cereals ;                            provides that the levy to be charged on the products
                                                                       listed in the Annex to that Regulation under
                                                                       subheading 07.06 A is limited, with effect from the
Whereas Commission Regulation (EEC) No 1579/74                         date of entry into force of the Geneva Protocol ( 1967)
of 24 June 1974 on the procedure for calculating the                   annexed to the General Agreement on Tariffs and
import levy on products processed from cereals and                     Trade, to the amount resulting from application of the
from rice and for the advance fixing of this levy for                  rate of duty bound within GATT ;
(!) OJ   No  L 281 , 1 . 11 . 1975, p . 1 .                            (6) OJ No L 168 , 25 . 6. 1974, p . 7.
(2) OJ   No  L 306, 26 . 11 . 1975, p . 3 .                            (7) OJ No L 202, 1 . 8 . 1975, p. 57.
(3) OJ   No  174, 31 . 7. 1967, p. 1 .                                 (8) OJ No L 195, 26. 7. 1975, p. 25.
(4) OJ   No  L 72, 20 . 3 . 1975, p. 18 .                              (9) OJ No L 166, 28 . 6. 1975, p. 67.
(5) OJ   No  L 281 , 1 . 11 . 1975, p. 65 .                            ( i°) OJ No L 329, 23 . 12. 1975, p. 6.
 ---pagebreak--- No L 53/24                        Official Journal of the European Communities                              28 . 2. 76
Whereas, if the levy system is to operate normally,          HAS ADOPTED THIS REGULATION :
levies should be calculated on the following basis :
— in the case of currencies which are maintained in
                                                                                       Article 1
    relation to each other, at any given moment,
    within a band of 2-25 % , a rate of exchange based
    on their effective parity ;                              The import levies to be charged on the products listed
                                                             in Article 1 (d) of Regulation (EEC) No 2727/75 and
— for other currencies an exchange rate based on the         in Article 1 ( 1 ) (c) of Regulation No 359/67/EEC and
    arithmetic mean of the spot market rates of each         subject to Regulation (EEC) No 2744/75 are hereby
    of these currencies recorded for a given period, in      fixed as shown in the Annex to this Regulation.
    relation to the Community currencies referred to
    in the previous subparagraph ;
Whereas, in accordance with Article 18(1 ) of Regula­                                  Article 2
tion (EEC) No 2727/75, the nomenclature provided
for in this Regulation is incorporated in the Common         This Regulation shall enter into force on 1 March
Customs Tariff,                                              1976.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 26 February 1976.
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                  Member of the Commission
 ---pagebreak--- 28 . 2. 76                     Official Journal of the European Communities                                   NoL 53 > 15
                                                       ANNEX
                                                                                               Levies in u. a. /metric ton
                                                                                          Third countries
    CCT heading No                     Nomenclature in simplified wording                  (other than           ACP and
                                                                                             ACP and               OCT
                                                                                              OCT)
07.06 A            Manioc, arrowroot, salep and other similar roots and tubers                  4-79 O             3-29 (»)(«
                   with high starch content, excluding sweet potatoes
11.01 c            Barley flour (*)                                                           52-93                47-93
11.01 D            Oat flour (*)                                                              34-66                29-66
11.01 E 1          Maize flour, of a fat content not exceeding 1·5 % by weight (*)            70-02                65-02
11.01 E II         Maize flour, of a fat content exceeding 1·5 e/o by weight (*)              39-34                36-84
11.01 F            Rice flour (')                                                             32-65                30-15
11.01 G            Buckwheat flour (·)                                                         11-68                 6-68
11.01 H            Millet flour (')                                                            18-53               16-03
11.01 1 J          Canary seed flour (*)                                                        2-50                  0
11.01 K            Grain sorghum flour (*)                                                     39-43               36-93
11.01 L            Cereals flours, other than flour of wheat, mesiin, rye, barley , oats,       2-50                  0
                   maize, rice, buckwheat, millet, canary seed or grain sorghum (*)
11.02 A II         Rye groats and meal (*)                                                   101-82                96-82
11.02 AIII         Barley groats and meal (*)                                                  52-93               47-93
11.02 AIV          Oat groats and meal (*)                                                     34-66               29-66
11.02 A Va) 1      Maize groats and meal, of a fat content not exceeding 1-5 °/o by            70-02               65-02
                   weight, for the brewing industry (*)
11.02 A V a ) 2    Maize groats and meal, of a fat content not exceeding 1-5 °/o by            70-02               65-02
                   weight, other than for the brewing industry (*)
11.02 A V b)       Maize groats and meal, of a fat content exceeding 1·5 β/ο by               39-34                36-84
                   weight (*)
11.02 A VI         Rice groats and meal (*)                                                   32-65                30-15
 11.02 A VII       Buckwheat groats and meal (*)                                               11-68                 6-68
« 1.02 A VIII      Millet groats and meal (·)                                                  18-53               16-03
 ---pagebreak--- No L 53 /26                         Official Journal of rhe European Communities                                       28 . 2 . 76
                                                                                                     Levies in u. a. /metric ton
                                                                                                Third countries
       C CT heading No                       Nomenclature in simplified wording                  (other than           ACP and
                                                                                                   A CP and              OCT
                                                                                                    OCT)
 11.02 A IX            Grain sorghum groats and meal (*)                                            39-43               36-93
 11 . 02 A X           Cereals groats and meal, other than groats and meal of wheat,                  2-50                  0
                       mesiin, rye, barley, oats, maize, rice, buckwheat, millet or grain
                       sorghum (*)
 11.02 B I a ) 1       Hulled (shelled or husked ) barley (*)                                       45-11               42-61
 1 1.02 B I a ) 2 aa ) Clipped oats                                                                 19-31                16-81
 1 1 .02 B I a ) 2 bb) Hulled (shelled or husked) oats other than clipped oats (*)                  32-16                29-66
1 1.02 B I a ) .3      Hulled (shelled or husked ) buckwheat (*)                                      8-44                5-94
1 1.02 B I a ) 4       Hulled (shelled or husked ) millet (*)                                       27-65                25-15
 1 1.02 B I b ) 1      I lulled and sliced or kibbled barley (' Grütze' or ' Grutten ') (*)         45-11                42-61
 11.02 B I b ) 2       Hulled and sliced or kibbled oats (' Grütze' or 'Grutten ') (*)              32-16                29-66
                       Hulled and sliced or kibbled buckwheat (' Grütze' or ' Grutten ') (*)          8-44                 5-94
 11.02 B ! b ) 3
 11.02 B I b ) 4       I lulled and sliced or kibbled millet (' Grütze' or ' Grutten ') (*)         27-65                25-15
 1 1.02 B II a )       Hulled '(shelled or husked ) wheat, whether or not sliced or                 46-68                44-18
                       kibbled (*)
 1 1.02 B II b )       Hulled (shelled or husked)           rye, whether or not sliced       or     74-04                71-54
                       kibbled (')
                       Hulled (shelled or husked ) maize, whether or not sliced or                  60-29                57-79
11.02 B II c)
                       kibbled (*)
                       Hulled (shelled or husked) grain sorghum, whether or not sliced or           60-44                57-94
1 1.02 B II d )
                       kibbled (*)
                                                                                                      2-50                  0
 11.02 B lie )         Hulled (shelled or husked) grains, whether or not sliced or
                       kibbled, other than those of wheat, rye, maize, barley, oats,
                        buckwheat, millet or grain sorghum (')
  11.02 CI             Pearled wheat (*)                                                            55-65                53-15
  11.02 C II           Pearled rye (*)                                                               88-56               86-06
  1 1.02 C III          Pearled barley (*)                                                           71-58               66-58
  11.02 C IV            Pearled oats (*)                                                            28-87                26-37
  1 1.02 C V            Pearled maize (f)                                                           60-29                57-79
  1 1.02 C VI          Pearled buckwheat (*)                                                          8-44                 5-94
  Î 1.02 C VII          Pearled millet (*)                                                          27-65                25-15
  1 1.02 C VIII         Pearled grain sorghum (*)                                                    60-44               57-94
  11.02 C IX           Pearled grains, other than grains of wheat, rye. barley , oats, maize,         2-50                  0
                        buckwheat, millet or grain sorghum (*)
 ---pagebreak--- 28 . 2 . 76                        Official Journal of the European Communities                           No L 53 /27
                                                                                            Levies in u.a. /metric ton
                                                                                       Third coutitrie*
     CCI          No                       Nomenclature tn simplified wording           (other than          ACP anu
                                                                                          ACP and              OCT
                                                                                           OCT)
1 1.02 D I           Wheat not otherwise worked than kibbled (*)                           36-38              33-88
 11.02 D II          Rye not otherwise worked than kibbled (*)                             57-37              54-87
11.02 D III          Barley not otherwise worked than kibbled (*)                          29-66              27-16
11.02 D IV           Oats not otherwise worked than kibbled (*)                            19-31               16-81
11.02 D V            Maize not otherwise worked than kibbled (*)                           39-34              36-84
1 1.02 D VI          Buckwheat not otherwise worked than kibbled (')                         6-28               3-78
11.02 D VII          Millet not otherwise worked than kibbled (*)                          18-53               16-03
1 1.02 D VIII        Grain sorghum not otherwise worked than kibbled (*)                   39-43              36-93
11.02 D IX           Grains not otherwise worked than kibbled, other than grains of          2-50                 0
                     wheat, rye, barley, oats, maize, buckwheat, millet or grain sor­
                     ghum (*)
                     Rolled barley (a)                                                     29-66              27-16
1 1.02 E I a ) 1
                     Rolled oats (*)                                                       19-31               16-81
11.02 E 1 a ) 2
                     Rolled buckwheat (*)                                                    6-28               3-78
1 1.02 E I a ) 3
                                                                                           18-53               16-03
11.02 E I a ) 4      Rolled millet (*)
1 1.02 E I b) 1      Flaked barley (*)                                                     58-26              53-26
1 1.02 E I b) 2      Flaked oats (*)                                                       37-96              32-96
1 1.02 E I b ) 3     Flaked buckwheat (·)                                                  11-68                6-68
1 1.02 E I b) 4      Flaked millet (*)                                                     33-30              28-30
 11.02 Eli a )       Rolled or flaked wheat (*)                                            64-80              59-80
 1 1.02 E II b )     Rolled or flaked rye (')                                             101-82              96-82
11.02 E II c)        Rolled or flaked maize (*)                                            70-02              65-02
11.02 E II d )       Rolled or flaked grain sorghum (■)                                    70-18              65-18
 11.02 E II e) 1     Flake rice ( f )                                                      56-19              51-19
 1 1.02 E II e) 2    Rolled or flaked grains other than grains of wheat, rye, barley ,       5-00                0
                     oats, maize, rice, buckwheat, millet or grain sorghum, excluding
                     flaked rice (*)
11.02 FI             Wheat pellets (*)                                                     64-80              59-80
11.02 F II           Rye pellets (*)                                                      101-82              96-82
1 1.02 F III         Barley pellets (■)                                                    52-93              47-93
 ---pagebreak--- No L 53 /28                       Official Journal of the European Communities                                   28 . 2. 76
                                                                                               Levies in u. a. /metric ton
                                                                                           Third countries
    CCT heading No                        Nomenclature in simplified wording                (other than          ACP and
                                                                                              ACP and              OCT
                                                                                               OCT)
11.02 F IV            Oat pellets (*)                                                          34-66              29-66
11.02 F V             Maize pellets (*)                                                        70-02               65-02
11.02 F VI            Rice pellets (*)                                                         32-65               30-15
1 1.02 F VII          Buckwheat pellets (*)                                                     11-68                6-68
1 1.02 F VIII         Millet pellets (l)                                                       18-53               16-03
11.02 F IX            Grain sorghum pellets (*)                                                39-43               36-93
11.02 F X             Pellets of cereals other than wheat, rye, barley, oats, maize, rice,       2-50                 0
                      buckwheat, millet or grain sorghum (2)
11.02 G I             Wheat germ, whole, rolled, flaked or ground                               29-92              24-92
11.02 GII             Germ of cereals other than wheat, whole, rolled flaked or ground          32-09              27-09
11.06 A               Denatured flour and meal of sago and of manioc, arrowroot ,                7-29                1-79 (5
                      salep 'and other roots and tubers falling within heading No 07.06,
                      for the manufacture of starches
11.06 51              Undenatured flour and meal of sago and of manioc, arrowroot,              59-05              39-05 (5
                      salep and other roots and tubers falling within heading No 07.06,
                      for the manufacture of starches
11.06 B II            Undenatured flour and meal of sago and of manioc, arrowroot,              75-15              55-15 (5
                      salep and other roots and tubers falling within heading No 07.06,
                      other than for the manufacture of starches
11.07 Ala)            Unroasted malt, obtained from wheat, in the form of flour                 68-13              59-13
11.07 Alb)            Unroasted malt, obtained from wheat, other than in the form of            53-18              44-18
                      flour
11.07 All a)          Unroasted malt, other than that obtained from wheat , in the form        56-40 (4)           47-40
                      of flour
                   I
                   I
11.07 All b)          Unroasted malt, other than that obtained from wheat, other than in        44-42              35-42
                   1  the form of flour
 11.07 B              Roasted malt                                                              50-28 (4 )         41-28
                    ¡
                    I
 11.08 AI          !  Maize starch                                                              59-05              42-05
 11.08 All            Rice starch                                                               50-03              24-53
 11.08 A III          Wheat starch                                                              54-22              37-22
 11.08 AIV            Potato starch                                                            59-05               42-05
 11.08 A V            Starches other than maize, rice, wheat or potàto starch                  59-05               21-03 (5
 11.09 A              Dried wheat gluten                                                      217-68               67-68
 ---pagebreak---   28 . 2 . 76                                   Official Journal of the European Communities                                          No L 53 /29
                                                                                                                         Levies in u.a./metric ton
                                                                                                                    Third countries
       CCT heading No                                     Nomenclature in simplified wording                          (other than        ACP ana
                                                                                                                       ACP and             OCT
                                                                                                                         OCT)
  11.09 B                          Wheat gluten , other than dried                                                     217-68             67-68
  17.02 B II a )                  Glucose other than glucose containing, in the dry state, 99 % or                      134-85            54-85
                                  more by weight of the pure product (8), 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 %>                      97-05            42-05
                                  or more by weight of the pure product (s), other than glucose in
                                  the form of white crystalline powder, whether or not agglomerated
  17.05 B I                        Flavoured or coloured glucose, in the form of white crystalline                     134-85             54-85
                                   powder, whether or not agglomerated
  17.05 B II                       Flavoured or coloured glucose syrup, other than in the form of                        97-05            42-05
                                  white crystalline powder, whether or not agglomerated
                                                                                                                          9-59              9-59
  23.02 A I λ )                   Brans, sharps and other residues derived from the sifting, milling
                                  or working of maize or rice, with a starch content not exceeding
                                  35 % by weight
                                                                                                                         15-36            15-36
 23.02 A I b)                     Brans, sharps and other residues derived from the sifting, milling
                                  or working of maize or rice, with a starch content exceeding
                                  35 °/o but not exceeding 45 % by weight, and having undergone a
                                   denaturing process
                                                                                                                         30-71            30-71
  23.02 A I b) 2                  Brans, sharps and other residues derived from the sifting, milling
                                  or working of maize or rice, with a starch content exceeding
                                  35 %> but not exceeding 45 % by weight, not having undergone
                                  a denaturing process, or with a starch content exceeding 45 °/o
                                   by weight
 23.02 A M a )                    Brans, sharps and other residues derived from the sifting, milling                      7-68              7-68
                                  or working of cereals other than maize or rice, of which the starch
                                  content does not exceed 28 °/o by weight, and of which the percen­
                                  tage which passes through a sieve with an aperture of 0-2 mm
                                  does not exceed 10 % by weight or of which the sieved product
                                  has an ash content, calculated on the dry product, of 1-5 °/o
                                  or more by weight
                                  Brans, sharps and other residues derived from the sifting, milling                    30-71             30-71
23.02 A II b )
                                  or working of cereals other than maize or rice, not falling within
                                  subheading No 23.02 A II a)
23.03 A I                         Residues from the manufacture of starch from maize (excluding                        202-24             52-24
                                  concentrated steeping liquors), of a protein content, calculated on
                                  the dry product, exceeding 40 %> by weight
 (') This levy is limited to 6 'I* of the value for customs purposes .
 (■) For the purpose of distinguishing between products falling within hea dings Nos 11.01 and 11.02 and those falling within subheading 23.02 A,
     products falling within headings Nos 11.01 and 11.02 shall be those meeting the following specifications :
     — a starch content (determined by the modified Ewers polarimetric method), referred to dry matter, exceeding 45 •/• by weight
     — an ash content, by weight, referred to dry matter (after deduction of any added minerals), not exceeding 1-6 '/o for rice, 2-5 •/• for wheat,
         3 •/• for barley , 4 •/• for buckwheat, 5 % for oats and 2 •/• for other cereals .
      Germ of cereals , whole , rolled, flaked or ground , falls in all cases within heading No 11.02.
 (■) Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading No 17.02 B I is subject to the same levy as products falling
     within subheading No 17.02 B II .
(') In accordance with Regulation (EEC) No 2755/75 this levy is reduced by 0-45 u.a. /lOO kg for products originating in Turkey .
(•) In accordance with Regulation (EEC) No 1599/75 the levy shall not be charged on the following products originating in the countries
     and territories :
     — arrow-root falling within sub-heading ex 07.06 A
     — flours and meal of arrow-root falling within sub-headings ex 11.06 A , ex 11.06 B I and II
     — arrow-root starch falling within sub-heading ex 11.08 A V.