CELEX: 31977R1397
Language: en
Date: 1977-06-29 00:00:00
Title: Commission Regulation (EEC) No 1397/77 of 28 June 1977 fixing the import levies on products processed from cereals and rice

No L 158 /24                                Official Journal of the European Communities                               29 . 6. 77
                                         COMMISSION REGULATION (EEC) No 1397/77
                                                              of 28 June 1977
                         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 1 997/75 (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 tonne
 Having regard to Council Regulation (EEC) No                             from the average of the levies calculated as described
 2727/75 of 29 October 1975 on the common organi­                        above ;
 zation of the market in cereals ('), as last amended by
 Regulation (EEC) No 31 38/76 (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 (EEC) No                            must be reduced by an amount equal to the produc­
 1418/76 of 21 June 1976 on the common organiza­                         tion refund granted in respect of basic products for
 tion of the market in rice (3), and in particular Article               processing ; whereas Regulation (EEC) No 1921 /75 (8),
 12 (4) thereof,                                                         as amended by Regulation (EEC) No 2415/75 (9), laid
                                                                         down certain transitional measures in respect of
 Having regard to the opinion of the Monetary                            starches ;
 Committee ,
                                                                         Whereas the fixed component of the levy is specified
Whereas the rules to be applied to calculating the vari­                 in Regulation (EEC) No 2744/75 ;
 able component of the import levy on products
 processed from cereals and rice are laid down in
 Article 14 ( 1 ) (A) of Regulation (EEC) No 2727/75 and                 Whereas, in order that account may be taken of the
 Article 12 ( 1 ) (a) of Regulation (EEC) No 1418 /76 ;                  interests of the African , Caribbean and Pacific States
 whereas Article 2 of Council Regulation (EEC) No                        or in the 'overseas countries and territories', the levy
 2744/75 of 29 October 1975 on the import and                            relating to them in respect of certain products
 export system for products processed from cereals and                   processed from cereals must be reduced by the
 rice (4), as amended by Regulation ( EEC) No                            amount of the fixed component and, in respect of
 832/76 (5), provides that the incidence on the prime                    some of these products, by part of the variable compo­
costs of these products of the levies applicable to their                nent ; whereas this reduction must be made in accor­
 basic products should be calculated on the basis of the                 dance with Article 12 of Council Regulation (EEC)
average of the levies applicable to these basic products                 No 706/76 of 30 March 1976 on the arrangements
 for the first 25 days of the month preceding that of                    applicable to agricultural products and certain goods
 importation ; whereas this average, adjusted on the                     resulting from the processing of agricultural products
 basis of the threshold price valid for the basic
                                                                         originating in the African , Caribbean and Pacific
 products in question during the month of importa­                       States or in the 'overseas countries and territories' ( 10) ;
 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 ,  I. I 1 . 197.5, p. 1 .                           (') OJ No L 168 ,   25 . 6 . 1974, p . 7 .
(2 ) OJ  No  L  354,  24. 12. 1976, p. 1 .                              O OJ No L 202,       1 . 8 . 1975, p. 57.
(3)  OJ  No  L  166,  25. 6. 1976, p. I.                                (8) OJ No L 195,    26 . 7 . 1975, p . 25.
(4)  OJ  No  L 281 ,  1 . 1 I. 1975, p. 65 .                            H OJ No L 247,      23. 9 . 1975, p. 22.
(5)  OJ  No  L  100,  14 . 4. 1976, p. 1 .                              ( IO)- OJ No L 85 , 31 . 3 . 1976, p . 2 .
 ---pagebreak--- 29 . 6. 77                         Official Journal of the European Communities                         No L 158/25
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 (EEC) No 1418/76
     arithmetic mean of the spot market rates of each         and subject to Regulation (EEC) No 2744/75 are
     of these currencies recorded for a given period, in      hereby fixed as shown in the Annex to this Regula­
     relation to the Community currencies referred to         tion .
     in the previous subparagraph ;
Whereas, in accordance with Article 18(1 ) of Regula­
tion (EEC) No 2727/75, the nomenclature provided                                       Article 2
for in this Regulation is incorporated in the Common
Customs Tariff,                                               This Regulation shall enter into force on 1 July 1977.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 28 June 1977.
                                                                       For the Commission
                                                                        Finn GUNDELACH
                                                                           Vice-President
 ---pagebreak---  No L 158/26                          Official Journal of the European Communities                                  29 . 6. 77
                                                              ANNEX
                 to the Commission Regulation of 28 June 1977 fixing the import levies on products
                                                 processed from cereals and rice
                                                                                                                      (u.a. /tonne)
                                                                                                             Levies
                                                                                               Third countries
     CCT heading No                           Nomenclature in timplified wording                (other than           ACP or
                                                                                                   ACP or              OCT
                                                                                                    OCT)
07.06 A                  Manioc, arrowroot, salep and other similar roots and tubers               12-21 (»}          10-71 i 1 ) (®)
                         with high starch content, excluding sweet potatoes
11.01 C                  Barley flour (a)                                                        127-13              122-13
11.01 D                  Oat flour (·)                                                           112-57             107-57
11.01 E I                Maize flour, of a fat content not exceeding 1-5 ·/· by weight (')       133-84             128-84
11.01 E II               Maize flour, of a fat content exceeding 1*5 ·/· by weight (·)             75-51              73-01
11.01 P                  Rice flour (·)                                                            67-13              64-63
11.01 G                  Cereals flours, other than flour of wheat, mesiin, rye, barley, oats,     83-22              80-72
                         maize or rice (2)
11.02 A 11               Rye groats and meal (')                                                 143-29             138-29
11.02 A III              Barley groats and meal (*)                                              127-13             122-13
11.02 A IV               Oat groats and meal (*)                                                 112-57             107-57
11.02 A V a) 1           Maize groats and meal, of a fat content not exceeding 1-5 % by          133-84             128-84
                         weight, for the brewing industry (*)
11.02 A V a) 2           Maize groats and meal, of a fat content not exceeding 1*5*/· by         133-84             128-84
                         weight, other than for the brewing industry (a)
11.02 A V b)             Maize groats and meal, of a fat content exceeding 1.5 % by                75-51              73-01
                         weight (*)
11.02 A VI               Rice groats and meal (*)                                                  67-13              64-63
11.02 A VII              Cereals groats and meal, other than groats and meal of wheat,             83-22              80-72
                         mesiin, rye, barley, oats, maize or rice (l)
11.02 B I a) 1           Hulled (shelled or husked) barley (*)                                   111-06             108-56
 11.02 B I a) 2 aa)      Clipped oats                                                              63-46              60-96
 11.02 B I a) 2 bb)      Hulled (shelled or husked) oats other than clipped oats (*)             110-07             107-57
  1.02 B 1 b) 1          Hulled and sliced or kibbled barley ('Grütze* or 'Grutten') (*)         111-06             108-56
  1.02 B I b) 2          Hulled and sliced or kibbled oats ('Grütze' or 'Grutten') (')           110-07             107-57
 ---pagebreak--- 29 . 6 . 77                    Official Journal of the European Communities                                 No L 158/27
                                                                                                                  (u.a.ltonne)
                                                                                                          Levies
                                                                                            Third countrie·
    CCT heading N·                     Nomenclature in limplified wording                    (other than         ACP or
                                                                                                ACP or             OCT
                                                                                                OCT)
11.02 B II a)      Hulled (shelled or husked) wheat, whether               or not sliced or    134-42            131-92
                   kibbled (')
11.02 B II b)      Hulled (shelled or husked) rye, whether                or  not sliced or    104-68            102-18
                   kibbled (')
11.02 B II c)      Hulled (shelled or husked) maize, whether               or not sliced or    117-03            114-53
                   kibbled (')
11.02 B II d)      Hulled (shelled or husked) grains, whether or not sliced              or    129-12            126-62
                   kibbled, other than those of wheat, rye, maize, barley or oats (2
11.02 C I          Pearled wheat (')                                                           161-20            158-70
11.02 C II         Pearled rye (■)                                                             125-43            122-93
11.02 C III        Pearled barley (■)                                                          174-63            169-63
11.02 C IV         Pearled oats (■)                                                             98-12              95-62
11.02 C V          Pearled maize (■)                                                           117-03            114-53
11.02 C VI         Pearled grains, other than grains of wheat, rye, barley, oats         or    129-12            126-62
                   maize (2)
 11.02 D I         Wheat not otherwise worked than kibbled (*)                                 103-67            101-17
 11.02 D II        Rye not otherwise worked than kibbled (*)                                     80-87             78-37
 11.02 D III       Barley not otherwise worked than kibbled (')                                  71-71             69-21
 11.02 D IV        Oats not otherwise worked than kibbled (')                                    63-46             60-96
 11.02 D V         Maize not otherwise worked than kibbled (')                                   75-51             73-01
11.02 D VI         Grains not otherwise worked than kibbled, other than grains of                83-22             80-72
                   wheat, rye, barley, oats or maize (')
11.02 E U) 1       Rolled barley (·)                                                             71-71             69-21
 11.02 E U) 2      Rolled oats (a)                                                               63-46             60-96
 11.02 E I b) 1    Flaked barley (·)                                                           140-70            135-70
 11.02 E I b) 2    Flaked oats (*)                                                             124-52            119-52
 11.02 E II ·)     Rolled or flaked wheat (*)                                                  183-54            178-54
 11.02 E II b)     Rolled or flaked rye (')                                                    143-29            138-29
 11.02 E II c)     Rolled or flaked maize (·)                                                  133-84            128-84
 11.02 E II d) 1    Flaked rice (*)                                                            114-75            109-75
 ---pagebreak--- No L 158/28                      Official Journal of the European Communities                                       29 . 6 . 77
                                                                                                                      (u.aJtonne,
                                                                                                             Levies
                                                                                               Third countriei
    CCT kii4li| N·                        Nomenclature in simplified wording                    (other than           ACP or
                                                                                                   ACP or              OCT
                                                                                                   OCT)
11.02 E II d) 2      Rolled or flaked grains other than grains of wheat, rye, barley,             147-45             142-45
                     oats, maize or rice, excluding flaked rice (*)
11.02 P I            Wheat pellets (*)                                                            183-54             178-54
11.02 F 11           Rye pellets (')                                                              143-29             138-29
11.02 P III          Barley pellet· (*)                                                           127-13             122-13
11.02 F IV           Oat pellets (')                                                              112-57             107-57
11.02 F V            Maize pellets (*)                                                            133-84             128-84
11.02 F VI           Rice pellets (')                                                              67-13              64-63
11.02 F VII          Pellets of cereals other than wheat, rye, barley, oats, maize or rice (l)     83-22              80-72
11.02 G I            Wheat germ, whole, rolled, flaked or ground                                   79-39              74-39
11.02 G II           Germ of cereals other than wheat, whole, rolled flaked or ground              58-69              53-69
11.06 A              Denatured flour and meal of sago and of manioc, arrowroot,                    14-71                9-21 (5)
                     salep and other roots and tubers falling within heading No 07.06,
                     for the manufacture of starches
11.06 S I            Undenatured flour and meal of sago and of manioc, arrowroot,                 109-70              89-70 (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,                 132-24             112-24 (5)
                     salep and other roots and tubers falling within heading No 07.06,
                     other than for the manufacture of starches
11.07 A I a)         Unroasted malt, obtained from wheat, in the form of flour                    185-56             176-56
11.07 A I b)         Unroasted malt, obtained from wheat, other than in the form of               140-92             131-92
                     flour
11.07 All «)         Unroasted malt, other than that obtained from wheat, in the form             129-77 (4 )        120-77
                     of flour
11.07 A II b)        Unroasted malt, other than that obtained from wheat, other than in            99-24              90-24
                     the form of flour
11.07 B              Roasted malt                                                                 114-17 (4 )       105-17
11.08 AI             Maize starch                                                                 109-70              92-70
11.08 A Π            Rice starch                                                                   92-03              66-53
11.08 A III          Wheat starch                                                                 191-22            174-22
11.08 A IV           Potato starch                                                                109-70              92-70
 ---pagebreak---   29 . 6 . 77                                 Official Journal of the European Communities                                            No L 158/29
                                                                                                                                           (u.a.ltonne)
                                                                                                                                   Levies
                                                                                                                     Third countries
       CCT heading No                                   Nomenclature in simplified wording                             (other than         ACP or
                                                                                                                         A CP or            OCT
                                                                                                                          OCT)
  11.08 A V                       Starches other than maize, rice, wheat or potato starch                               109-70             46-35 (5)
 11.09                            "Wheat gluten, whether or not dried                                                   466-76            316-76
  17.02 B II a )                  Glucose other than glucose containing, in the dry state, 99% or                       200-92            120-92
                                  more by weight of the pure product (*), in the form of white
                                  crystalline powder, whether or not agglomerated
  17.02 B 11 b)                   Glucose and glucose syrup not containing, in the dry state, 99%                       147-70             92-70
                                  or more by weight of the pure product (*), 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                       200-92            120-92
                                  ppwder, whether or not agglomerated
  17.05 B II                       Flavoured or coloured glucose syrup, other than in the form of                       147-70             92-70
                                  white crystalline powder, whether or not agglomerated
 23.02 A I a;                     Brans, sharps and other residues derived from the sifting, milling                     23-87             23-87
                                  or working of maize or rice, with a starch content not exceeding
                                  35 % by weight
23.02 A 1 b)                     Brans, sharps and other residues derived from the sifting, milling                      76-36             76-36
                                 or working of maize or rice, with a starch content exceeding
                                  35 % by weight
23.02 Alia )                     Brans, sharps and other residues derived from the sifting, milling                      19-10             19-10
                                 or working of cereals other than maize or rice, of which the starch
                                 content does not exceed 28 % 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 %
                                 or more by weight
23.02 A II b)                    Brans, sharps and other residues derived from the sifting, milling                      76-36             76-36
                                  or working of cereals other than maize or rice, not falling within
                                 subheading 23.02 A II a)
23.03 A I                        Residues from the manufacture of starch from maize (excluding                          265-16            115-16
                                 concentrated steeping liquors), of a protein content, calculated on
                                 the dry product, exceeding 40 % by weight
(■) Thu levy is limited to 6 •/• of the value for customs purposes .
 (') For the purpose of distinguishing between products falling within heading Nos 11.01 and 11.02 and those falling within subheading 23.02 A,
     products falling within heading 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 °/» 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 17.02 B I is subject to the same levy as products falling
     within subheading 17.02 B 11 .
(4) 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 706/76 the levy shall not be charged on the following products originating in the countries
     and territories :
     — arrowroot falling within subheading ex 07.06 A ,
     — flours and meal of arrowroot falling within subheadings ex 11.06 A , cx 11.06 B I and II ,
     — arrowroot starch falling within subheading cx 11.08 A V.