CELEX: 31985R0858
Language: en
Date: 1985-03-30 00:00:00
Title: Commission Regulation (EEC) No 858/85 of 29 March 1985 fixing the export refunds on products processed from cereals and rice

30 . 3 . 85                              Official Journal of the European Communities                            No L 91 /79
                                    COMMISSION REGULATION (EEC) No 858/85
                                                       of 29 March 1'985
                    fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                     Whereas Article 6 of Council Regulation (EEC) No
COMMUNITIES,                                                       2744/75 of 29 October 1975 on the import and export
                                                                   system for products processed from cereals and from
Having regard to the Treaty establishing the European              rice (*), as last amended by Regulation (EEC) No
Economic Community,                                                1027/84 (8), defines the specific criteria to be taken
                                                                   into account when the refund on these products is
                                                                   being calculated ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organ­
ization of the market in cereals ('), as last amended by
Regulation (EEC) No 1018/84 (2), and in particular the             Whereas, on the basis of the criteria laid down in
fourth subparagraph of Article 16 (2) thereof,                     Regulation (EEC) No 2744/75, particular account
                                                                   should be taken of the prices and quantities of basic
Having regard to Council Regulation (EEC) No                       products used to calculate the variable component of
1418/76 of 21 June 1976 on the common organization                 the levy ; whereas Article 8 of Regulation (EEC) No
of the market in rice (3), as last amended by Regulation           2744/75 and Article 1 of Regulation (EEC) No
(EEC) No 1025/84 (4), and in particular the fourth                 1077/68 (9), as amended by Regulation (EEC) No
subparagraph of Article 17 (2) thereof,                            2764/71 (10), provide that the amount of the export
                                                                   refund should, for certain products, be reduced by an
                                                                   amount equal to the production refund granted in
Having regard to the opinion of the Monetary                       respect of the basic products ;
Committee,
Whereas Article 16 of Regulation (EEC) No 2727/75                  Whereas it follows from applying these detailed rules
and Article 17 of Regulation (EEC) No 1418/76                      to the present situation on the market in products
provide that the difference between quotations or                  processed from cereals and rice that the export refund
prices on the world market for the products listed in              should be fixed at an amount which will cover the
Article 1 of those Regulations and prices for those                difference between Community prices and world
products within the Community may be covered by an                 market prices ;
export refund ;
Whereas Article 2 of Council Regulation (EEC) No
2746/75 of 29 October 1 975 (5), and Article 2 of                  Whereas when the refund is being calculated account
Council Regulation (EEC) No 1431 /76 of 21 June                    should be taken of the quantities of raw materials used
                                                                   to determine the variable component of the levy ;
1976 (*) laying down general rules for granting export
refunds on cereals and rice respectively and criteria for          whereas the quantities of raw materials used for certain
fixing the amount of such refunds, provide that when               processed products may vary according to the end use
refunds are being fixed account must be taken of the               of the product ; whereas, depending on the manufac­
existing situation and the future trend with regard to             turing process used, products other than the main
prices and availabilities of cereals, rice and broken rice         product are obtained, the quantity and value of which
on the Community market on the one hand and                        may vary with the nature and quality of the main
prices for cereals, rice, broken rice and cereal products          products being manufactured ; whereas cumulation of
on the world market on the other ; whereas the same                the refunds on the various products manufactured by a
Articles provide that it is also important to ensure               single process from the same basic product may make
equilibrium and the natural development of prices and              it possible, in certain cases, to export to third countries
trade on the markets in cereals and rice and, further­             at prices which are lower than world market prices ;
more, to take into account the economic aspect of the              whereas the refund on certain products should there­
                                                                   fore be limited to an amount which, while allowing
proposed exports, and the need to avoid disturbances               access to the world market, will ensure that the aims of
on the Community market ;
                                                                   the common         organization    of the     markets are
                                                                   respected ;
0)  OJ   No L 281 ,  1 . 11 . 1975, p. 1.
(*) OJ   No L 107,   19 . 4.  1984, p. 1.
0   OJ   No L 166,   25. 6.   1976, p. 1.                          0 OJ No L 281 , 1 . 11 . 1975, p. 65.
(4) OJ   No L 107,   19. 4.   1984, p. 13 .                        (8) OJ No L 107, 19. 4. 1984, p. 15.
0   OJ   No L 281 ,  1 . 11 . 1975, p. 78 .                        0 OJ No L 181 , 27. 7. 1968, p. 1 .
(«) OJ   No L 166,   25. 6.   1976, p. 36.                         (">) OJ No L 283, 24. 12. 1971 , p. 30 .
 ---pagebreak--- No L 91 /80                         Official Journal of the European Communities                              30 . 3 . 85
Whereas the refund to be granted in respect of certain              their central rate, multiplied by the coefficient
processed products should be graduated on the basis of              provided for in Article 2b (2) of Regulation (EEC)
the ash, crude fibre, tegument, protein, fat and starch             No 974/71 (2), as last amended by Regulation (EEC)
content of the individual product concerned, this                   No 855/84 (3),
content being a particularly good indicator of the            — for other currencies, an exchange rate based on the
quantity of basic product actually incorporated in the              arithmetic mean of the spot market rates of each of
processed product ;                                                 these currencies recorded for a given period in
                                                                    relation to the Community currencies referred to
Whereas there is no need at present to fix an export
                                                                    in the previous indent, and the aforesaid coeffi­
refund for manioc, other tropical roots and tubers or               cient ;
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
nity participation in world trade makes it unnecessary        Whereas the measures provided for in this Regulation
to fix an export refund at the present time ;                 are in accordance with the opinion of the Management
                                                              Committee for Cereals,
Whereas the world market situation or the specific
requirements of certain markets may make it necessary
                                                              HAS ADOPTED THIS REGULATION :
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                                      Article 2
     relation to each other at any given moment within
     a band of 2,25 % , a rate of exchange based on           This Regulation shall enter into force on 1 April 1985.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 29 March 1985.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
                                                                (2) OJ No L 106, 12. 5. 1971 , p. 1 .
 (') OJ No L 284, 28 . 12. 1971 , p. 9.                         h) OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- 30 . 3 . 85                            Official Journal of the European Communities                                 No L 91 /81
                                                               ANNEX
                  to the Commission Regulation of 29 March 1985 fixing the export refunds on products
                                                processed from cereals and rice
                                                                                                                      (ECU/tonne)
            Number
       in nomenclature                                 Nomenclature in simplified wording                              Refund
    ' used for refunds
    11.01 C (I)              Barley flour, of an ash content, referred to dry matter, not exceeding 0,9 % by            68,30
                            weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                             weight
    11.01 C (II)             Barley flour not included under No 11.01 C (I)                                              —
    11.01 D (I)              Oat flour, of an ash content, referred to dry matter, not exceeding 2,3 % by weight,       70,27
                             of a crude fibre content, referred to dry matter, not exceeding 1 ,8 % by weight, of a
                             moisture content not exceeding 11 % and of which the peroxydase is virtually
                             inactivated
    11.01 D (II)             Oat flour not included under No 11.01 D (I)                                                 —
    11.01 E (I)              Maize flour, of a fat content, referred to dry matter, not exceeding 1,3 % by weight       91,43
                             and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight
    11.01 E (II)             Maize flour, of a fat content, referred to dry matter, exceeding 1,3 % but not              —
                             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)                                      —
    11.01 F                  Rice flour                                                                                  —
    11.02 A III (a)          Barley groats and meal, of an ash content, referred to dry matter, not exceeding           70,57
                             1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                             0,9 % by weight
    11.02 A 111(b)           Barley groats and meal not included under No 11.02 A III (a)                                —
    11.02 A IV (a)           Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2,3 %        70,27
                             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)                                    —
     1 1.02 A V (a)          Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0,9 %      117,56
                             by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                             weight (') 0
     11.02 A V (b)           Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1,3 %       91,43
                             by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
                             by weight (') Q
     1 1 .02 A V (c)         Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by        78,37
                             weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to
                             dry matter, not exceeding 1 % by weight (') Q
     11.02 A VI              Rice groats and meal                                                                         —
     11.02 B I a) 1 (aa)     Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not          68,30
                             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 1 1.02 B I a) 1 (aa) (2)            —
     11.02 B I a) 2 (aa)     Clipped oats                                                                                —
 ---pagebreak---  No L 91 /82                                Official Journal of the European Communities                                 30. 3 . 85
                                                                                                                        (ECU/tonne)
             Number
        in nomenclature                                      Nomenclature in simplified wording                          Refund
        used for refunds
                                           «
     1 1.02 B I a) 2 bb) (1 1 )   Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not         62,46
                                  exceeding 2,3 % by weight, of tegument content not exceeding 0,5 % of a
                                  moisture content not exceeding 11 % and of which the peroxydase is virtually
                                  inactivated (2)
     1 1 .02 B I a) 2 bb) (22)    Hulled (shelled or husked) oats, not included under No 1 1.02 B I a) 2 bb) (1 1 ) (2)
     11.02 Bib) 1 (aa)            Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not     68,30
                                 exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                                 exceeding 0,9 % by weight ('Grütze' or 'Grutten') (2)
     11.02 Bib) 1 (bb)           Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)
                                 fGrütze' or 'Grutten') (2)
     11.02 Bib) 2 (aa)           Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not        66,37
                                 exceeding 2,3 % by weight, of a tegument content not exceeding 0,1 %, of a
                                 moisture content not exceeding 11 % and of which the peroxydase is virtually
                                 inactivated ('Grütze' or 'Grutten') (2)
    11.02 Bib) 2 (bb)            Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2(aa)
                                 ('Grütze' or 'Grutten') (2)
    1 1.02 B II a) (1 )          Hulled (shelled or husked) wheat, not sliced or kibbled (2)
    11.02 B II c) (1)            Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not         97,96
                                 exceeding 0,9 % by weight and of a crude fibre content, referred to dry matter, not
                                 exceeding 0,6 % by weight ('Gruetze' or 'Grutten') (2) f)
    1 1.02 B II c) (2)           Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not        75,11
                                 exceeding 1 ,3 % by weight and of a crude fibre content, referred to dry matter, not
                                exceeding 0,8 % by weight ('Gruetze' or 'Grutten') (2) Q
    1 1.02 C III (a)            Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by          91,06
                                weight (without talc) — 1st category (3)
    1 1.02 C 111(b)             Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by          72,85
                                weight (without talc) — 2nd category (3)
    11.02 CIV                   Pearled oats (3)
    11.02 D I                   Wheat not otherwise worked than kibbled                                                  32,00
    11.02 D II                  Rye not otherwise worked than kibbled                                                    50,00
    11.02 E lb) 1 (aa)          Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by           68,30
                                weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                                weight
    11.02 B I b) 1 (bb)         Flaked barley not included under 11.02 E I b) 1 (aa)
   1 1 .02 E I b) 2 (aa)        Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by           78,08
                                weight, of a tegument content not exceeding 0,1 %, of a moisture content not
                                exceeding 12 % and of which the peroxydase is virtually inactivated
   1 1 .02 E I b) 2 (bb)        Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by           62,46
                                weight, of a tegument content exceeding 0,1 % but not exceeding 1,5 % , of a
                                moisture content not exceeding 1 2 % and of which the peroxydase is virtually
                                inactivated
   1 1 .02 E I b) 2 (cc)        Flaked oats not included under Nos 1 1.02 E I b) 2 (aa) and 1 1.02 E I b) 2 (bb)
ex 1 1.02 E II c) ( 1 )         Flaked maize, of a fat content, referred to dry matter, not exceeding 0,9 % by          104,50
                                weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                                weight
 ---pagebreak--- 30 . 3 . 85                      Official Journal of the European Communities                               No L 91 /83
                                                                                                              (ECU/tonne)
           Number
       in nomenclature                             Nomenclature in simplified wording                          Refund
       used for refunds
ex 1 1 .02 E II c) (2)  Flaked maize, of a fat content, referred to dry matter, not exceeding 1,3 % by          84,90
                        weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                        weight
ex 11.02 E lie) (3)     Flaked maize, of a fat content, referred to dry matter, exceeding 1,3 % but not
                        exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not
                        exceeding 1 % by weight
    11.02 E II d) 1     Flaked rice                                                                              —
    11.02 Fill          Barley pellets                                                                           —
    11.02 F IV          Oat pellets                                                                              —
    11.02 FV            Maize pellets                                                                            —
    11.02G I            Wheat germ, whole, rolled, flaked or ground                                               6,04
    1 1.02 G II         Germ of cereals other than wheat, whole, rolled, flaked or ground                       16,33
    11.07 A I a)        Unroasted malt, obtained from wheat, in the form of flour                               43,04
    11.07 A II a)       Unroasted malt, other than that obtained from wheat, in the form of flour               81,04
    11.08 A I           Maize starch (*)                                                                        73,90
    11.08 A II          Rice starch                                                                             36,10
    11.08 A III         Wheat starch (*)                                                                         0,00
    11.08 A IV          Potato starch                                                                           73,90
    11.08 A V           Starches other than maize, rice, wheat, or potato starch (*)                             —
    11.09 A             Dried wheat gluten, of a protein content, referred to dry matter, of 82 % or more        0,00
                        by weight (N x 6,25)
    17.02 B II a)       Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %       96,39
                        or more by weight of the pure product, in the form of white crystalline powder,
                        whether or not agglomerated (4)
    17.02 B lib)        Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­        73,90
                        ing, in the dry state, 99 % or more by weight of the pure product, other than
                        glucose in the form of white crystalline powder, whether or not agglomerated (4)
    17.02 F II a)       Caramel, other than caramel containing 50 % or more by weight of sucrose in the        100,98
                        dry matter, in the form of powder, whether or not agglomerated
    17.02 F II b)       Caramel, other than caramel containing 50 % or more by weight of sucrose in the         70,23
                        dry matter, other than in the form of powder
    21.07 F II          Flavoured or coloured glucose syrup, and malto-dextrine syrup                           73,90
    23.02 A I a)        Brans sharps and other residues derived from the sifting, milling . or working of       10,80
                        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        10,80
                        maize or rice, of a starch content exceeding 35 % by weight, and not having under­
                        gone a denaturing process, or of a starch content exceeding 45 % by weight and
                        having undergone denaturing process
    23.02 A II a)       Brans, sharps and other residues derived from the sifting, milling or working of        10,80
                        cereals other than 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 1 0 % 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        10,80
                        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              36,72
                        steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                        by weight (N x 6,25)
 ---pagebreak---  No L 91 /84                            Official Journal of the European Communities                                    30 . 3 . 85
(') 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 % passes through a sieve with an aperture of 150 microns.
(2) '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).
(3) '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) Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading 17.02 B I enjoys the same export refund as the
    product falling within subheading 17.02 B II.
(*) The export refund is granted on products falling within this subheading which have a starch content of not less than 85 % by
    weight.
(*) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by
    weight.
Q The procedure to be followed for the determination of the fatty matter content is as follows :
    — the sample has to be crushed so that 90 % or more can pass through a sieve with an aperture of 500 microns and 100 %
        can pass through a sieve with an aperture of 1 000 microns,
    — the analytical method to be used afterwards is that which is printed in Annex 1 (Method A) to Commission Directive
        84/4/EEC (OJ No L 15, 18. 1 . 1984, p. 28).