CELEX: 31975R2836
Language: en
Date: 1975-11-01 00:00:00
Title: Regulation (EEC) No 2836/75 of the Commission of 31 October 1975 fixing the export refunds on products processed from cereals and rice

No L 283/ 18                              Official Journal of the European Communities                               1 . 11 . 75
                              REGULATION (EEC) No 2836/75 OF THE COMMISSION
                                                        of 31 October 1975
                    fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                       export system for products processed from cereals and
COMMUNITIES,                                                         from rice, defines the specific criteria to be taken into
                                                                     account when the refund on these products is being
Having regard to the Treaty establishing the European                calculated :
Economic Community ;
Having regard to Council Regulation (EEC) No
2727/75 (! ) of 29 October 1975 on the common orga­                  Whereas, on the basis of the criteria laid down in
nization of the market in cereals, and in particular the             Regulation (EEC) No 2744/75, particular account
first sentence of the fourth subparagraph of Article 16              should be taken of the prices and quantities of basic
(2) thereof ;                                                        products used to calculate the variable component of
Having regard to Council Regulation No 359/                          the levy ; whereas, therefore, as is laid down for the
67/EEC (2) of 25 July 1967 on the common organiza­                   determination of the variable component, account
tion of the market in rice, as last amended by Regula­               should be taken of the average of thfe levies on the
tion (EEC) No 668/75 (3), and in particular the first                basic products concerned during a representative
sentence of the fourth subparagraph of Article 17 (2)                period, namely the first 25 days of the month
thereof ;                                                            preceding the month of exportation ; whereas this
                                                                     average should be adjusted for the threshold price for
Having regard to the Opinion of the Monetary                         these basic products which will be in force during the
Committee ;                                                          month of exportation ; whereas Article 8 of Regula­
Whereas Article 16 of Regulation (EEC) No 2727/75                    tion (EEC) No 2744/75 and Article 1 of Regulation
and Article 17 of Regulation No 359/67/EEC provide                   (EEC) No 1077/68 (8), amended by Regulation (EEC)
that the difference between quotations or prices on                  No 2764/71 (9), provide that the amount of the export
the world market for the products listed in Article 1                refund should, for certain products, be reduced by an
                                                                     amount equal to the production refund granted in
of those Regulations and prices for those products
within the Community may be covered by an export                     respect of the basic product ;
 refund ;
Whereas Article 2 of Council Regulation (EEC) No                     Whereas it follows from applying these rules and
 2746/75 (4) of 29 October 1975, and Article 2 of                    criteria to the present situation on the market in
 Council Regulation No 366/67/EEC (5) of 25 July                      products processed from cereals and rice that the
 1967 laying down general rules for granting export                  export refund should be fixed at an amount which
 refunds on cereals and rice respectively and criteria for           will cover the difference between Community prices
 fixing the amount of such refunds, as last amended by                and world market prices ;
 Regulation (EEC) No 478 /75 (6), provide that when
 refunds are being fixed account must be taken of the
 existing situation and the future trend with regard to
                                                                     Whereas when the refund is being calculated account
 prices and availabilities of cereals, rice and broken rice           should be taken of the quantities of raw materials
 on the Community market on the one hand and
                                                                      used to determine the variable component of the
 prices for cereals, rice and broken rice on the world
 market on the other ; whereas the same Articles                      levy ; whereas the quantities of raw materials used for
 provide that it is also important to ensure equilibrium
                                                                      certain processed products may vary according to the
                                                                      end use of the product ; whereas, depending on the
 and the natural development of prices and trade on
 the markets in cereals and rice and, furthermore, to
                                                                      manufacturing process used, products other than the
                                                                      main product are obtained, the quantity and value of
 take into account the economic aspect of the
                                                                      which may vary with the nature and quality of the
 proposed exports, and the need to avoid disturbances
 on the Community market ;                                            main products being manufactured ; whereas cumula­
                                                                      tion of the refunds on the various products manufac­
 Whereas Article 6 of Council Regulation (EEC) No                     tured by a single process from the same basic product
  2744/75 (7) of 29 October 1975 on the import and                    may make it possible, in certain cases, to export to
                                                                      third countries at prices which are lower than world
  f1)  OJ No L 281 , 1 . 11 . 1975 , p. 1 .                           market prices ; whereas the refund on certain products
  (2)  OJ No 174, 31 . 7 . 1967, p . 1 .                              should therefore be limited to an amount which ,
  (3 ) OJ No L 72, 20 . 3 . 1975, p. 18 .                             while allowing access to the world market, will ensure
  (4)  OJ No L 281 , 1 . 11 . 1975 , p . 78 .
  (5 ) OJ No 174, 31 . 7 . 1967, p . 34 .
  (6)  OJ No L 52, 28 . 2 . 1975, p. 34 .                             (8) OJ No L 181 , 27 . 7 . 1968 , p. 1 .
  (7)  OJ No L 281 , 1.11 . 1975, p. 65 .                             (9) OJ No L 283 , 24 . 12. 1971 , p. 30 .
 ---pagebreak--- 1 . 11 . 75                          Official Journal of the European Communities                          No L 283/ 19
that the aims of the common organization of the                      within a band of 2-25 % , a rate of exchange based
markets are respected ;                                              on their effective parity ;
Whereas the refund to be granted in respect of certain         — for other currencies an exchange rate based on the
processed products should be graduated on the basis                  arithmetic mean of the spot market rates of each
of the ash, crude fibre, tegument, protein, fat and                  of these currencies recorded for a given period, in
starch content of the individual product concerned,                  relation to the Community currencies referred to
this content being a particularly good indicator of the              in the previous subparagraph ;
quantity of basic product actually incorporated in the
                                                                Whereas the refund must be fixed once a month ;
processed product ;
                                                               whereas it may be altered in the intervening period ;
Whereas there is no need at present to fix an export
refund for manioc, other tropical roots and tubers or          Whereas the Management Committee for Cereals has
flours obtained therefrom, given the economic aspect            not delivered an opinion within the time limit set by
of potential exports and in particular the nature and           its Chairman ,
origin of these products ; whereas, for certain products
processed from cereals, the insignificance of Commu­
nity participation in world trade makes it unnecessary          HAS ADOPTED THIS REGULATION
to fix an export refund at the present time ;
Whereas the world market situation or the specific                                      Article 1
requirements of certain markets may make it neces­
sary to vary the refund for certain products according          The export refunds on the products listed in Article 1
to destination ;                                               (d) of Regulation (EEC) No 2727/75 and in Article 1
                                                               ( 1 ) (c) of Regulation No 359/67/EEC and subject to
Whereas Regulation (EEC) No 2806/71 (! ) lays down
                                                                Regulation (EEC) No 2744/75 are hereby , fixed as
additional rules for granting export refunds for certain
                                                                shown in the Annex to this Regulation.
products processed from cereals and rice ;
Whereas, if the refund system is to operate normally,                                   Article 2
refunds should be calculated on the following basis :
— in the case of currencies which are maintained in            This Regulation shall enter into force on 1 November
     relation to each other, at any given moment,               1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 31 October 1975 .
                                                                           For the Commission
                                                                             P.J. LARDINOIS
                                                                       Member of the Commission
(') OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- No L 283 /20                            Official Journal of the European Communities                                1 . 11 . 75
                                                            ANNEX
        Number                                                                                                      Refund in
    in nomenclature                                  Nomenclature in simplified wording                         u. a./metric ton
    used for refunds                                                                                           (third countries)
11.01 C (I)               Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 °/o by            —
                          weight and of a crude fibre content, referred to dry matter, not exceeding
                          0.9 °/« 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 °/o by
                          weight, of a crude fibre content, referred to dry matter, not exceeding 1.8 °/o by
                          weight, of a moisture content not exceeding 11 °/o 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                 0
                          weight 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               0
                          exceeding 1.7 °/o 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                                                                                    —
11.01 H                   Millet flour                                                                                  —
11.02 A III (a)           Barley groats and meal, of an ash content, referred to dry matter, not exceeding              —
                          1 °/o by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 0-9 % by weight
11.02 A III (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 °/« 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)                                      -
11.02 A V (a)              Maize groats and meal, of a fat content, referred to dry matter, not exceeding               0
                           0-9 °/o by weight and a crude fibre content, referred to dry matter, not exceeding
                          0-6 % by weight (*)
11.02 A V (b )            Maize groats and meal, of a fat content, referred to dry matter, not exceeding                0
                           1.3 % by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 0-8 °/o by weight (*)
11.02 A V (c )             Maize groats and meal, of a fat content, referred to dry matter, exceeding                   0
                           1-3 % by weight but not exceeding 1-7 °/o by weight and of a crude fibre content,
                           referred to dry matter, not exceeding 1-0 °/o weight (*)
 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            —
                           exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                           not exceeding 0-9 % by weight (*)
 11.02 B I a) 1 (bb)       Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (■)              -
 11.02 B I a) 2 (aa)       Clipped oats                                                                                 —
11.02 B I a) 2 bb) ( 11 )  Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not
                           exceeding 2-3 % by weight, of a tegument content not exceeding 0.5 °/o of a
                           moisture content not exceeding 11 % and of which the peroxydase is virtually
                           inactivated (*)
 11.02 B I a) 2 bb) (22)   Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11) (■)          —
 ---pagebreak---  1 . 11 . 75                            Official Journal of the European Communities                           No L 283/21
          Number                                                                                                   Refund in
      in nomenclature                                 Nomenclature in simplified wording                        u.a./metric ton
     used for refunds                                                                                          (third countries)
 11.02 Bib) 1 (aa)        Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not         —
                          exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                          not exceeding 0-9 % by weight ('Grütze' or 'Grutten') (*)
 11.02 Bib) 1 (bb)        Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)
                          ('Grütze' or 'Grutten') (*)                                                          I
 11.02 Bib) 2 (aa)        Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not
                          exceeding 2-3 °/o weight, of a tegument content not exceeding 0-1 °/o, of a moisture
                          content not exceeding 11 °/o 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') (*)
11.02 B II a) ( 1 )       Hulled (shelled or husked) wheat, not sliced or kibbled (*)                                 —
 11.02 C III ( a)         Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by           —
                         weight (without talc) — 1st category (s)
11.02 C III (b )          Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by           ■—
                         weight (without talc) — 2nd category (3)
11.02 CIV                Pearled oats (3)                                                                             —
11.02 D II               Rye not otherwise worked than kibbled                                                        —    ,
11.02 E I b) 1 (aa)      Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by                 —
                         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 11.02 E I b) 1 (aa)                                         —
11.02 E I b ) 2 (aa)     Flaked oats, of an ash content, referred to dry matter, not exceeding 2.3 % by               —
                         weight, of a tegument content not exceeding 0-1 %>, of a moisture content not
                         exceeding 12 °/o and of which the peroxydase is virtually inactivated
11.02 E I b ) 2 (bb )    Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by
                         weight, of a tegument content exceeding 0.1 °/o but not exceeding 1-5 °/o, of a
                         moisture content not exceeding 12 % and of which the peroxydase is virtually
                         inactivated
11.02 E I b) 2 (cc)      Flaked oats not included under Nos 11.02 E I b) 2 (aa) and 11.02 E I b) 2 (bb)               —
ex 11.02 E II c) ( 1 )   Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 °/o by              0
                         weight and of a crude fibre content, referred to dry matter, not exceeding
                         0-7 % by weight
                                                                                                                       0
ex 11.02 E lie) (2)      Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 °/o by
                         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 */o but not            0
                         exceeding 1.7 % by weight and of a crude fibre content, referred to dry matter,
                         not exceeding 1 % weight
11.02 Ell e) 1           Flaked rice                                                                                  —
11.02 F III              Barley pellets                                                                               —
11.02 F IV             ■ Oat pellets                                                                                  —
11.02 F V                Maize pellets                                                                                —
11.02 G I                Wheat germ, whole, rolled, flaked or ground                                                  —
11.02 G II               Gem of cereals other than wheat, whole, rolled, flaked or ground                           . —
11.07 A I a)             Unroasted malt, obtained from wheat, in the form of flour                                    —
 ---pagebreak--- No L 283/22                               Official Journal of the European Communities                                               1 . 11 . 75
          Number                                                                                                                    Refund in
      in nomenclature                                       Nomenclature in simplified wording                                   u.a./metric ton
      used for refunds                                                                                                          (third countries)
11.07 A lb)                   Unroasted malt, obtained from wheat, other than in the form of flour
11.07 A II a)                 Unroasted malt, other than that obtained from wheat, in the form of flour                                  —
11.07 A II h)                 Unroasted malt, other than that obtained from wheat, other than in the form                                —
                              of flour
11.07 B                       Roasted malt                                                                                               —
11.08 A I                     Maize starch                                                                                               n
11.08 A III                   Wheat starch
11.08 A IV                    Potato starch                                                                                              0
11.08 A V                     Starches other than maize, rice, wheat, or potato starch                                                   0
11.09 A                       Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                           —
                              82 % by weight (N X 6.25 )
17.02 B II a)                 Glucose other than glucose containing, in the dry state, 99 % or more by weight                            0
                              of the pure product, in the form or white crystalline powder, whether or not
                              agglomerated (4)
17.02 B II b )                Glucose and glucose syrup not containing, in the dry state, 99 % or more by                                0
                              weight of the pure product, other than glucose in the form of white crystalline
                              powder, whether or not agglomerated (4)
17.05 B I                     Flavoured or coloured glucose, in the form of white crystalline powder, whether                            0
                              or not agglomerated
17.05 B II                    Flavoured or coloured glucose and glucose syrup, other than in the form of                                 0
                              white crystalline powder, whether or not agglomerated
23.02 A I a)                   Brans, sharps and other residues derived from the sifting, milling or working of                          —
                              maize or rice of a starch content not exceeding 35 % by weight
23.02 A I b) 1                 Brans, sharps and other residues derived from the sifting, milling or working of                          —
                               maize or rice, of a starch content exceeding 35 % but not exceeding 45 % by
                              weight, and having undergone a denaturing process
23.02 A I b) 2                 Brans, sharps and other residues derived from the sifting, milling or working of                          _
                               maize or rice, of a starch content exceeding 35 % by weight, and not having
                               undergone 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 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                          —
                               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                                 0
                               steeping liquors), of a protein content, calculated on dry matter, not exceeding
                               63 % by weight (N X 6-25 )
                           !
 (') 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 % of product passes through a sieve with an aperture of ISO microns.
(•) 'Hulled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. 1968,
     p. 46).
 (•) 'Pearled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. 1968,
     p. 46).
 (4) 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.