CELEX: 31985R2458
Language: en
Date: 1985-08-31 00:00:00
Title: Commission Regulation (EEC) No 2458/85 of 30 August 1985 fixing the export refunds on products processed from cereals and rice

31 . 8 . 85                              Official Journal of the European Communities                            No L 234/ 11
                                      COMMISSION REGULATION (EEC) No 2458/85
                                                       of 30 August 1985
                     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 Q, 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
                                                                    products used to calculate the variable component of
Having regard to Council Regulation (EEC) No                        the levy ; whereas Article 8 of Regulation (EEC) No
 1418/76 of 21 June 1976 on the common organization                 2744/75 and Article 1 of Regulation (EEC) No
of the market in rice (3), as last amended by Regulation            1077/68 ('), as amended by Regulation (EEC) No
(EEC) No 1025/84 (4), and in particular the fourth                  2764/71 (10), provide that the amount of the export
subparagraph of Article 17 (2) thereof,                             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 1975 0, and Article 2 of                     Whereas when the refund is being calculated account
                                                                    should be taken of the quantities of raw materials used
 Council Regulation (EEC) No 1431 /76 of 21 June                    to determine the variable component of the levy ;
 1976 (6) laying down general rules for granting export             whereas the quantities of raw materials used for certain
 refunds on cereals and rice respectively and criteria for
                                                                    processed products may vary according to the end use
 fixing the amount of such refunds, provide that when               of the product ; whereas, depending on the manufac­
 refunds are being fixed account must be taken of the               turing process used, products other than the main
 existing situation and the future trend with regard to             product are obtained, the quantity and value of which
 prices and availabilities of cereals, rice and broken rice         may vary with the nature and quality of the main
 on the Community market on the one hand and
                                                                    products being manufactured ; whereas cumulation of
 prices for cereals, rice, broken rice and cereal products          the refunds on the various products manufactured by a
 on the world market on the other ; whereas the same
 Articles provide that it is also important to ensure               single process from the same basic product may make
                                                                     it possible, in certain cases, to export to third countries
 equilibrium and the natural development of prices and               at prices which are lower than world market prices ;
 trade on the markets in cereals and rice and, further­
                                                                    whereas the refund on certain products should there­
 more, to take into account the economic aspect of the
                                                                     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 ;
 (') OJ  No  L 281 ,   1 . 11 . 1975, p. 1.
 (2) OJ  No  L 107,   19. 4.    1984, p. 1.
 (3) 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 .                        (») OJ No L 181 , 27. 7. 1968, p. 1 .
 (6) OJ  No  L 166,   25. 6.    1976, p. 36.                         (10) OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak---   No L 234/ 12                       Official Journal of the European Communities                             31 . 8 . 85
 Whereas the refund to be granted in respect of certain              No 974/71 (2), as last amended by Regulation (EEC)
  processed products should be graduated on the basis of             No 855/84 (3),
  the ash, crude fibre, tegument, protein, fat and starch       — for other currencies, an exchange rate based on the
  content of the individual product concerned, this                  arithmetic mean of the spot market rates of each of
  content being a particularly good indicator of the                 these currencies recorded for a given period in
  quantity of basic product actually incorporated in the             relation to the Community currencies referred to
  processed product ;                                                in the previous indent, and the aforesaid coeffi­
                                                                     cient ;
 Whereas there is no need at present to fix an export
 refund for manioc, other tropical roots and tubers or         Whereas the refund must be fixed once a month ;
 flours obtained therefrom, given the economic aspect
 of potential exports and in particular the nature and         whereas it may be altered in the intervening period ;
 origin of these products ; whereas, for certain products      Whereas the Management Committee for Cereals has
 processed from cereals, the insignificance of Commu­          not delivered an opinion within the time limit set by
 nity participation in world trade makes it unnecessary        its chairman,
 to fix an export refund at the present time ;
 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
     relation to each other at any given moment within                                   Article 2
     a band of 2,25 % , a rate of exchange based on
     their central rate, multiplied by the coefficient         This Regulation shall enter into force on 1 September
     provided for in Article 2b (2) of Regulation (EEC)        1985.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 30 August 1985.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
                                                              0 OJ No L 106, 12. 5. 1971 , p. 1 .
(') OJ No L 284, 28 . 12. 1971 , p. 9.                        0 OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- 31 . 8 . 85                           Official Journal of the European Communities                                  No L 234/ 13
                                                               ANNEX
                  to the Commission Regulation of 30 August 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              95,33
                             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,        115,51
                             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
    1 1.01 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       107,23
                             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
    1 1.01 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             98,50
                             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 1 1 .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 %        115,51
                             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
    1 1.02 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 %        137,86
                            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 %       107,23
                            by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
                            by weight (') Q
    11.02 A V(c)            Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by           91,91
                            weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to
                             dry matter, not exceeding 1 % by weight (') 0
    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            95,33
                            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)             —
    1 1 .02 B I a) 2 (aa)    Clipped oats                                                                                  —
 ---pagebreak--- No L 234/ 14                            Official Journal of the European Communities                                 31 . 8 . 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        102,67
                              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     95,33
                              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 B I b)1 (bb)         Hulled and sliced or kibbled barley, not included under No 1 1 .02 B I b) 1 (aa)         —
                              ('Grütze' or 'Grutten') (2)
   1 1 .02 B I b) 2 (aa)      Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not      109,09
                              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)
   1 1 .02 B I b) 2 (bb)      Hulled and sliced or kibbled oats not included under No 1 1.02 B I b) 2 (aa)             —
                              ('Grütze' or 'Grutten') (2)
   11.02 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       114,89
                              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) f7)
   1 i .02 B II c) (2)        Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not        88,08
                              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        127,10
                              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        101,68
                              weight (without talc) — 2nd category (3)
   11.02 CIV                  Pearled oats (3)                                                                         —
   11.02 D I                  Wheat not otherwise worked than kibbled                                                 45,00
   11.02 D II                 Rye not otherwise worked than kibbled                                                   57,00
   1 1 .02 E I b) 1 (aa)      Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by          95,33
                              weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                              weight
   11.02 E lb) 1 (bb)         Flaked barley not included under 1 1 .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         128,34
                              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         102,67
                              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         122,54
                              weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                              weight
 ---pagebreak--- 31 . 8 . 85                      Official Journal of the European Communities                               No L 234/ 15
                                                                                                               (ECU/tonne)
           Number
      in nomenclature                             Nomenclature in simplified wording                            Refund
      used for refunds
ex 1 1.02 E lie) (2)    Flaked maize, of a fat content, referred to dry matter, not exceeding 1,3 % by            99,57
                        weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                        weight
ex 1 1 .02 E II c) (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                                                                               —
     11.02GI            Wheat germ, whole, rolled, flaked or ground                                                13,90
    1 1.02 G II         Germ of cereals other than wheat, whole, rolled, flaked Or ground                          19,15
    11.07 A I a)        Unroasted malt, obtained from wheat, in the form of flour                                 98,99
    1 1.07 A II a)      Unroasted malt, other than that obtained from wheat, in the form of flour              113,12
    11.08 A I          Maize starch                                                                               92,06
    11.08 All          Rice starch (*)                                                                         108,33
    11.08 A III        Wheat starch (*)                                                                           61,20
    11.08 A IV         Potato starch (*)                                                                          92,06
    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          74,56
                       by weight (N x 6,25)
    17.02 B II a)      Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %       120,08
                       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           92,06
                       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         125,80
                       dry matter, in the form of powder, whether or not agglomerated
    17.02 F lib)       Caramel, other than caramel containing 50 % or more by weight of sucrose in the            87,49
                       dry matter, other than in the form of powder
    21.07 F II         Flavoured or coloured glucose syrup, and malto-dextrine syrup                              92,06
   23.02 A I a)        Brans sharps and other residues derived from the sifting, milling or working of            15,66
                       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           15,66
                       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           15,66
                       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 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           15,66
                       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                 45,74
                       steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                       by weight (N x 6,25)
 ---pagebreak--- No L 234/ 16                            Official Journal of the European Communities                                   31 . 8 . 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.
0 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 (1)(2)(3) 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).