CELEX: 31979R1063
Language: en
Date: 1979-06-01 00:00:00
Title: Commission Regulation (EEC) No 1063/79 of 31 May 1979 fixing the export refunds on products processed from cereals and rice

1 . 6 . 79                               Official Journal of the European Communities                         No L 135/ 11
                                     COMMISSION REGULATION (EEC) No 1063/79
                                                          of 31 May 1979
                      fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                      rice (7), as last amended by Regulation (EEC) No
COMMUNITIES,                                                        2245/78 (8), defines the specific criteria to be taken
                                                                    into account when the refund on these products is
Having regard to the Treaty establishing the European               being calculated ;
Economic Community,
Having regard to Council Regulation (EEC) No                        Whereas, on the basis of the criteria laid down in
2727/75 of 29 October 1975 on the common organiza­                  Regulation (EEC) No 2744/75, particular account
tion of the market in cereals ( ] ), as last amended by             should be taken of the prices and quantities of basic
Regulation (EEC) No 1254/78 (2), and in particular the              products used to calculate the variable component of
fourth subparagraph of Article 16 (2) thereof,                      the levy ; whereas Article 8 of Regulation (EEC) No
                                                                    2744/75 and Article 1 of Regulation (EEC) No
Having regard to Council Regulation (EEC) No                        1077/68 (9), as amended by Regulation ( EEC) No
1418 /76 of 21 June 1976 on the common organiza­                    2764/71 ( 10), provide that the amount of the export
tion of the market in rice (3), as last amended by Regu­            refund should , for certain products, be reduced by an
lation (EEC) No 1 260/78 (4), and in particular the                 amount equal to the production refund granted in
fourth subparagraph of Article 17 (2) thereof,                      respect of the basic product ;
Having regard to the opinion of the Monetary
Committee,                                                          Whereas it follows from applying these detailed rules
                                                                    to the present situation on the market in products
Whereas Article 16 of Regulation (EEC) No 2727/75                   processed from cereals and rice that the export refund
and Article 17 of Regulation (EEC) No 1418/76                       should be fixed at an amount which will cover the
provide that the difference between quotations or                   difference between Community prices and world
prices on the world market for the products listed in               market prices ;
Article 1 of those Regulations and prices for those
products within the Community may be covered by
an export refund ;                                                  Whereas when the refund is being calculated account
                                                                    should be taken of the quantities of raw materials
Whereas Article 2 of Council Regulation (EEC) No                    used to determine the variable component of the
2746/75 of 29 October 1975 (5), and Article 2 of                    levy ; whereas the quantities of raw materials used for
Council Regulation (EEC) No 1431 /76 of 21 June                     certain processed products may vary according to the
1 976 (6) laying down general rules for granting export             end use of the product ; whereas, depending on the
refunds on cereals and rice respectively and criteria for           manufacturing process used, products other than the
fixing the amount of such refunds, provide that when                main product are obtained, the quantity and value of
refunds are being fixed account must be taken of the                which may vary with the nature and quality of the
existing situation and the future trend with regard to              main products being manufactured ; whereas cumula­
prices and availabilities of cereals, rice and broken rice          tion of the refunds on the various products manufac­
on the Community market on the one hand and                         tured by a single process from the same basic product
prices for cereals, rice, broken rice and cereal products           may make it possible, in certain cases, to export to
on the world market on the other ; whereas the same                 third countries at prices which are lower than world
Articles provide that it is also important to ensure                market prices ; whereas the refund on certain products
equilibrium and the natural development of prices                   should therefore be limited to an amount which ,
and trade on the markets in cereals and rice and,                   while allowing access to the world market, will ensure
furthermore, to take into account the economic aspect               that the aims of the common organization of the
of the proposed exports, and the need to avoid distur­              markets are respected ;
bances on the Community market ;
                                                                    Whereas the refund to be granted in respect of certain
Whereas Article 6 of Council Regulation (EEC) No
2744/75 of 29 October 1975 on the import and export                 processed products should be graduated on the basis
                                                                    of the ash , crude fibre, tegument, protein , fat and
system for products processed from cereals and from                 starch content of the individual product concerned,
                                                                    this content being a particularly good indicator of the
(')  OJ   No L 281 , 1 . 11 . 1975, p. 1.
(2)  OJ   No L 156,  14. 6.   1978, p. 1.
(J)  OJ   No L 166,  25. 6.   1976, p. 1.                           ( 7) OJ No L 281 , 1 . 11 . 1975 , p. 65 .
(<)  OJ   No L 156,  14. 6.   1978, p. 11 .                         (») OJ No L 273, 29 . 9 . 1978 , p . 1 .
(5) OJ No L 281 , 1 . 11 . 1975, p. 78 .                            (») OJ No L 181 , 27. 7. 1968, p. 1 .
b) OJ No L 166, 25. 6. 1976, p. 36.                                   > °) OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak---  No L 135/ 12                         Official Journal of the European Communities                               1 . 6 . 79
quantity of basic product actually incorporated in the                 of these currencies recorded for a given period in
processed product ;                                                    relation to the Community currencies referred to
                                                                       in the previous indent ;
Whereas there is no need at present to fix an export
refund for manioc, other tropical roots and tubers or           Whereas Council Regulation (EEC) No 652/79 of 29
flours obtained therefrom , given the economic aspect           March 1 979 (2) laid down the coefficient for
of potential exports and in particular the nature and           expressing amounts, fixed in units of account, in
origin of these products ; whereas, for certain products         ECU ;
processed from cereals, the insignificance of Commu­
nity participation in world trade makes it unnecessary          Whereas the refund must L>e fixed once a month ;
to fix an export refund at the present time ;                   whereas it may be altered in the intervening period ;
Whereas the world market situation or the specific              Whereas the measures provided for in this Regulation
requirements of certain markets may make it neces­              are in accordance with the opinion of the Manage­
sary to vary the refund for certain products according          ment Committee for Cereals,
to destination ;
Whereas Regulation (EEC) No 2806/71 (') lays down               HAS ADOPTED THIS REGULATION :
additional rules for granting export refunds for certain
products processed from cereals and rice ;                                                 Article 1
Whereas, if the refund system is to operate normally,           The export refunds on the products listed in Article 1
refunds should be calculated on the following basis :           (d) of Regulation (EEC) No 2727/75 and in Article 1
— in the case of currencies which are maintained in             ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
     relation to each other at any given moment within          Regulation (EEC) No 2744/75 shall be as set out in
                                                                the Annex hereto.
     a band of 2-25 % , a rate of exchange based on
     their effective parity ;                                                              Article 2
— for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each           This Regulation shall enter into force on 1 June 1979 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 31 May 1979 .
                                                                             For the Commission
                                                                              Finn GUNDELACH
                                                                                 Vice-President
(') OJ No L 284, 28 . 12. 1971 , p. 9 .                         (2) OJ No L 84, 4. 4. 1979, p. 1 .
 ---pagebreak---  1 . 6. 79                                Official Journal of the European Communities                          No L 135 / 13
                                                                 ANNEX
                   to the  Commission Regulation of 31 May 1979 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      155.58
                             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)                                           0
 11.01 D (I)                 Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 % by          185.67
                             weight, 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)                                             0
 11.01 E ( I )               Maize flour, of a fat content, referred to dry matter, not exceeding 1.3 % by        128.53
                             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       110.17
                             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)                               79.87
 11.01 F                     Rice flour                                                                             70.27
 11.02 A III ( a )          Barley groats and meal, of an ash content, referred to dry matter, not exceeding      160.77
                             1 % 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)                              0
 11.02 A IV ( a )           Oat groats and meal, of an ash content, referred to dry matter, not exceeding         185-67
                            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)                                 0
 11.02 A V ( a)             Maize groats and meal, of a fat content, referred to dry matter, not exceeding        165-26
                            0.9 % 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        128.53
                            1.3 % by weight and of a crude fibre content, referred to dry matter, not
                            exceeding 0-8 % by weight (*)
 11.02 A V (c )             Maize groats and meal, of a fat content, referred to dry matter, exceeding            110.17
                            1.3 % by weight but not exceeding 1.7 % by weight and of a crude fibre content,
                            referred to dry matter, not exceeding 1.0 % weight (*)
11.02 A VI                  Rice groats and meal                                                                    70.27
 11.02 B I a ) 1 ( aa )     Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not     155-58
                            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 11.02 B I a) 1 (aa) (2)          0
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       165.04
                            exceeding 2.3 % by weight, of a tegument content not exceeding 0.5 % of a
                            moisture content not exceeding 11 % and of which the peroxydase is virtually
                            inactivated (2)
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 ) (*)      0
 ---pagebreak---  No L 135 / 14                     Official Journal of the European Communities                              1 . 6 . 79
                                                                                                           (ECU/tonne)
         Number
     in nomenclature                                Nomenclature in simplified wording                      Refund
     used for refunds
 11.02 B I b) 1 ( aa)  Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not  155.58
                       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)           0
                       ('Grütze' or 'Grutten') (2)
 11.02 Bib) 2 (aa)     Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not    175.36
                       exceeding 2.3 % 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)              0
                       ('Grütze' or ' Grutten') (2)
 11.02 B II a ) ( 1 )  Hulled (shelled or husked ) wheat, not sliced or kibbled (2)                             0
11.02 C III (a )       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by     207.44
                       weight (without talc) — 1st category (3)
11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by      165-95
                       weight (without talc) — 2nd category (3)
11.02 C IV            Pearled oats (3)                                                                          0
11.02 D I             Wheat not otherwise worked than kibbled                                                65.00
11.02 D II            Rye not otherwise worked than kibbled                                                  85.00
11.02 E Ib) 1 (aa)    Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by         155.58
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0-9 % by weight
11.02 E I b) 1 (bb)   Flaked barley not included under 11.02 E I b) 1 (aa)
11.02 E lb ) 2 (aa)   Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by       206.30
                      weight, of a tegument content not exceeding 0.1 % , of a moisture content not
                      exceeding 12 % 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       165.04
                      weight, of a tegument content exceeding 0.1 % but not exceeding 1.5 % , 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 lie) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0.9 % by       146.90
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0.7 % by weight
                                                                                                           119.35
ex 11.02 E lie) (2 )  Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 % by
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0.8 % by weight
ex 11.02 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 % weight
11.02 E II d) 1       Flaked rice                                                                           70.27
11.02 Fill            Barley pellets
11.02 F IV            Oat pellets
11.02 FV              Maize pellets
11.02 G I             Wheat germ, whole, rolled, flaked or ground                                           25.48
11.02 G II            Germ of cereals other than wheat, whole, rolled, flaked or ground                     22.95
 ---pagebreak---  1 . 6. 79                                  Official Journal of the European Communities                                        No L 135 / 15
                                                                                                                                    (ECU!tonne)
            Number
       in nomenclature                                        Nomenclature in simplified wording                                     Retund
       used for refunds
 11.07 A I a)                   Unroasted malt, obtained from wheat, in the form of flour                                           121.56
11.07 A II a)                   Unroasted malt, other than that obtained from wheat, in the form of flour                           123.70
 11.08 A I                      Maize starch                                                                                        147-81 (5 )
 11.08 All                      Rice starch                                                                                           62.37
 11.08 A III                   Wheat starch                                                                                         224-25 (5)
 11.08 A IV                    Potato starch                                                                                        147-81 (5)
 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, not exceeding                      311.94 (5)
                               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                      192.80 ( 5)
                               of the pure product, in the form of 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                          147-81 (5)
                                weight of the pure product, other than glucose in the form of white crystalline
                               powder, whether or not agglomerated (4)
21.07 F II                     Flavoured or coloured glucose and glucose syrup, other than in the form of                           147-81 (5)
                               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                      23.80
                               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                      23.80
                               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                      23.80
                               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                      23.80
                               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                           183-62 (5)
                               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 °/o 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.
(') ' 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).
(s) '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).
(') 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 .
(5) The export refund to be granted shall be arrived at by first applying the monetary coefficient to the amount shown in this column
    and , thereafter, deducting a sum equal to the production refund per tonne of finished product as follows :
    — 11.08 A I , 11.08 A IV , 17.02 B II b) and 21.07 F : 33.09 ECU/tonne ,
    — 11.08 A III : 64.60 ECU/ tonne ,
    — 11.09 A : 117.48 ECU /tonne ,
    — 17.02 B II a ) : 43.16 ECU /tonne ,
    — 23.03 A I : 41.10 ECU / tonne .