CELEX: 31986R0208
Language: en
Date: 1986-02-01 00:00:00
Title: Commission Regulation (EEC) No 208/86 of 31 January 1986 fixing the export refunds on products processed from cereals and rice

1 . 2 . 86                              Official Journal of the European Communities                               No L 27/9
                                       COMMISSION REGULATION (EEC) No 208/86
                                                       of 31 January 1986
                      fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        (*), as last amended by Regulation (EEC) No 1027/84 Q,
                                                                   defines the specific criteria to be taken into account when
                                                                   the refund on these products is being calculated ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                   Whereas, on the basis of the criteria laid down in Regula­
Having regard to Council Regulation (EEC) No 2727/75               tion (EEC) No 2744/75, particular account should be
of 29 October 1975 on the common organization of the               taken of the prices and quantities of basic products used
market in cereals ('), as last amended by Regulation (EEC)         to calculate the variable component of the levy ; whereas
No 3768/85 (2), and in particular the fourth subparagraph          Article 8 of Regulation (EEC) No 2744/75 and Article 1
of Article 16 (2) thereof,                                         of Regulation (EEC) No 1077/68 (8), as amended by Regu­
                                                                   lation (EEC) No 2764/71 (9), provide that the amount of
                                                                   the export refund should, for certain products, be reduced
Having regard to Council Regulation (EEC) No 1418/76               by an amount equal to the production refund granted in
of 21 June 1976 on the common organization of the                  respect of the basic products ;
market in rice (3), as last amended by Regulation (EEC)
No 3768/85, and in particular the fourth subparagraph of
Article 17 (2) thereof,
                                                                   Whereas it follows from applying these detailed rules to
                                                                   the present situation on the market in products processed
Having regard to the opinion of the Monetary Committee,            from cereals and rice that the export refund should be
                                                                   fixed at an amount which will cover the difference
Whereas Article 16 of Regulation (EEC) No 2727/75 and              between Community prices and world market prices ;
Article 17 of Regulation (EEC) No 1418/76 provide that
the difference between quotations or prices on the world
market for the products listed in Article 1 of those Regu­         Whereas when the refund is being calculated account
lations and prices for those products within the Commu­            should be taken of the quantities of raw materials used to
nity may be covered by an export refund ;                          determine the variable component of the levy ; whereas
                                                                   the quantities of raw materials used for certain processed
Whereas Article 2 of Council Regulation (EEC) No                   products may vary according to the end use of the
2746/75 of 29 October 1975 (4), and Article 2 of Council           product ; whereas, depending on the manufacturing
Regulation (EEC) No 1431 /76 of 21 June 1976 (*) laying            process used, products other than the main product are
down general rules for granting export refunds on cereals          obtained, the quantity and value of which may vary with
and rice respectively and criteria for fixing the amount of        the nature and quality of the main products being manu­
such refunds, provide that when refunds are being fixed            factured ; whereas cumulation of the refunds on the
account must be taken of the existing situation and the            various products manufactured by a single process from
future trend with regard to prices and availabilities of           the same basifc product may make it possible, in certain
cereals, rice and broken rice on the Community market              cases, to export to third countries at prices which are
on the one hand and prices for cereals, rice, broken rice          lower than world market prices ; whereas the refund on
and cereal products on the world market on the other ;             certain products should therefore be limited to an amount
whereas the same Articles provide that it is also important        which, while allowing access to the world market, will
to ensure equilibrium and the natural development of               ensure that the aims of the common organization of the
prices and trade on the markets in cereals and rice and,           markets are respected ;
furthermore, to take into account the economic aspect of
the proposed exports, and the need to avoid disturbances
on the Community market ;                                          Whereas the refund to be granted in respect of certain
                                                                   processed products should be graduated on the basis of
Whereas Article 6 of Council Regulation (EEC) No                   the ash, crude fibre, tegument, protein, fat and starch
2744/75 of 29 October 1975 on the import and export                content of the individual product concerned, this content
system for products processed from cereals and from rice           being a particularly good indicator of the quantity of basic
                                                                   product actually incorporated in the processed product ;
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ No L 362, 31 . 12. 1985, p. 8 .                             (6)  OJ  No  L 281 , 1 . 11 . 1975, p. 65.
(3) OJ No L 166, 25. 6. 1976, p. 1 .                               0    OJ  No  L 107,  19. 4. 1984, p. 15.
(<) OJ No L 281 , 1 . 11 . 1975, p. 78 .                           (8)  OJ  No  L 181 , 27. 7. 1968, p. 1 .
h OJ No L 166, 25. 6. 1976, p. 36.                                 (')  OJ  No  L 283,  24. 12. 1971 , p. 30.
 ---pagebreak---    No L 27/ 10                              Official Journal of the European Communities                                 1 . 2. 86
K Whereas there is no need at present to fix an export                — for other currencies, an exchange rate based on the
   refund for manioc, other tropical roots and tubers or                  arithmetic mean of the spot market rates of each of
   flours obtained therefrom, given the economic aspect of                these currencies recorded for a given period in rela­
   potential exports and in particular the nature and origin              tion to the Community currencies referred to in the
   of these products ; whereas, for certain products processed            previous indent, and the aforesaid coefficient ;
   from cereals, the insignificance of Community participa­           Whereas the refund must be fixed once a month ;
   tion in world trade makes it unnecessary to fix an export
                                                                      whereas it may be altered in the intervening period ;
   refund at the present time ;
                                                                      Whereas the Management Committee for Cereals has not
  Whereas the world market situation or the specific requi­           delivered an opinion within the time limit set by its
   rements of certain markets may make it necessary to vary           chairman,
   the refund for certain products according to destination ;
  Whereas Regulation (EEC) No 2806/71 (') lays down addi­             HAS ADOPTED THIS REGULATION :
   tional 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 (d)
  refunds should be calculated on the following basis :               of Regulation (EEC) No 2727/75 and in Article 1 ( 1 ) (c) of
                                                                      Regulation (EEC) No 1418/76 and subject to Regulation
  — in the case of currencies which are maintained in rela­           (EEC) No 2744/75 are hereby fixed as shown in the
       tion to each other at any given moment within a band           Annex to this Regulation.
       of 2,25 % , a rate of exchange based on their central
       rate, multiplied by the corrective factor provided for in                               Article 2
       the last paragraph of Article 3 ( 1 ) of Regulation (EEC)
       No 1676/85 (2),                                                This Regulation shall enter into force on 1 February 1986.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels, 31 January 1986.
                                                                               For the Commission
                                                                                Frans ANDRIESSEN
                                                                                   Vice-President
  (') OJ No L 284, 28 . 12. 1971 , p. 9.
  h) OJ No L 164, 24. 6. 1985, p. 1 .
 ---pagebreak--- 1 . 2. 86                                   Official Journal of the European Communities                                 No L 27/ 11
                                                                     ANNEX
                        to the Commission Regulation of 31 January 1986 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        147,69
                                   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,   130,48
                                   of a crude fibre content, referred to dry matter, not exceeding 1,8 % by weight, of a
                                   moisture content not exceeding 11 % and of which the peroxydase is virtually
                                   inactivated
    11.01 D (II)                   Oat flour not included under No 11.01 D (I)                                               —
    11.01 E (I)                    Maize flour, of a fat content, referred to dry matter, not exceeding 1 ,3 % by weight  145,38
                                   and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                                   weight Q
    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 Q
    11.01 E (III)                  Maize flour not included under No 11.01 E (I) and (II) Q                                  —
    11.01 F                        Rice flour                                                                                —
    11.02 A III (a)                Barley groats and meal, of an ash content, referred to dry matter, not exceeding       152,61
                                   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 %    130,48
                                   by weight, of a tegument content not exceeding 0,1 %, of a moisture content not
                                   exceeding 11 % and of which the peroxydase is virtually inactivated
     11.02 A IV (b)                Oat groats and meal not included under No 11.02 A IV (a)                                  —
     1 1.02 A V (a)                Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0,9 %   186,91
                                   by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                                   weight (') (8)
     1 1 .02 A V (b)               Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1 ,3 %  145,38
                                   by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
                                    by weight (') (8)
     11.02 A V (c)                  Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by   124,61
                                    weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to
                                    dry matter, not exceeding 1 % by weight (') (8)
     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      147,69
                                    exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                                    exceeding 0,9 % by weight (2)
      1 1 .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 27/ 12                             Official Journal of the European Communities                                   1 . 2. 86
                                                                                                                     (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       115,98
                              exceeding 2,3 % by weight, of tegument content not exceeding 0,5 % of a
                              moisture content not exceeding 1 1 % 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 B I b) 1 (aa)        Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not   147,69
                              exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0,9 % by weight ('Grütze' or 'Grutten') (2)
   1 1 .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     123,23
                              exceeding 2,3 % by weight, of a tegument content not exceeding 0,1 % , of a
                              moisture content not exceeding 1 1 % 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 1 1 .02 B I b) 2 (aa)           —
                              ('Grütze' or 'Grutten') (2)
   1 1.02 B II a) ( 1 )       Hulled (shelled or husked) wheat, not sliced or kibbled (2)                             —
   1 1.02 B II c) ( 1 )       Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not      155,76
                              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) (8)
   1 1.02 B lie) (2)          Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not      119,42
                              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) (8)
   1 1.02 C III (a)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by       196,92
                              weight (without talc) — 1 st category (3)
   1 1.02 C 111(b)            Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by       157,54
                              weight (without talc) — 2nd category (3)
   11.02 C IV                 Pearled oats (3)                                                                        —
   1 1 .02 D I
                              Wheat not otherwise worked than kibbled                                                71,00
   11.02 D II                 Rye not otherwise worked than kibbled                                                  92,00
   11.02 E lb) 1 (aa)         Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by        147,69
                              weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                              weight
   1 1 .02 E I b) 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        144,98
                              weight, of a tegument content not exceeding 0,1 % , of a moisture content not
                              exceeding 1 2 % 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       115,98
                              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       166,14
                              weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                               weight
 ---pagebreak--- 1 . 2. 86                         Official Journal of the European Communities                                No L 27/ 13
I                                                                                                               (ECU/tonne)
             Number
         in nomenclature                            Nomenclature in simplified wording                         Refund
        used for refunds
ex 11.02 E lie) (2)      Flaked maize, of a fat content, referred to dry matter, not exceeding 1,3 % by        134,99
                         weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                         weight
ex 1 1.02 E lie) (3)     Flaked maize, of a fat content, referred to dry matter, exceeding 1,3 % but not         —
                         exceeding 1 ,7 % by weight and of a crude fibre content, referred to dry matter, not
                         exceeding 1 % by weight
    11.02 E II d) 1      Flaked rice                                                                             —
    11.02 Fill           Barley pellets                                                                          —
    11.02 F IV           Oat pellets                                                                             —
    11.02 FV             Maize pellets                                                                           —
    11.02G I             Wheat germ, whole, rolled, flaked or ground                                            24,13
    1 1.02 G II          Germ of cereals other than wheat, whole, rolled, flaked or ground                      25,96
    11.07 A I a)         Unroasted malt, obtained from wheat, in the form of flour                             171,81
    11.07 A II a)        Unroasted malt, other than that obtained from wheat, in the form of flour             175,26
    11.08 A I            Maize starch (*)                                                                      135,93
    11.08 All            Rice starch                                                                           189,15
    11.08 A III          Wheat starch (*)                                                                      151,21
    11.08 A IV           Potato starch (6)                                                                     135,93
    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     184,20
                         by weight (N x 6,25)
    17.02 B II a)        Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %     177,30
                         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      135,93
                         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       185,75
                         dry matter, in the form of powder, whether or not agglomerated
    17.02 F II b)        Caramel, other than caramel containing 50 % or more by weight of sucrose in the       129,18
                         dry matter, other than in the form of powder
    21.07 F II           Flavoured or coloured glucose syrup, and malto-dextrine syrup                         135,93
    23.02 A I a)         Brans sharps and other residues derived from the sifting, milling or working of        23,91
                         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       23,91
                         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       23,91
                         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        23,91
                         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             67,54
                         steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                         by weight (N X 6,25)
 ---pagebreak---  No L 27/ 14                               Official Journal of the European Communities                                          1 . 2. 86
(') 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 1 50 microns.
(2) 'Hulled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821 /68 (OJ No L 149, 29. 6.
     1968, p. 46).
(3) 'Pearled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821 /68 (OJ No L 149, 29. 6.
    1968, p. 46).
(4) Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading 17.02 B I enjoys the same export refund as the
    product falling within subheading 17.02 B II.
(*) The export refund is granted on products falling within this subheading which have a starch content of not less than 85 % by weight.
(*) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by weight.
Q The analytical method to be used for the determination of the fatty matter content is that printed in Annex I (method A) to Directive
    84/4/EEC (OJ No L 15, 18. 1 . 1984, p. 28).
(8) The procedure to be followed for the determination of the fatty matter content is as follows :
    — the sample has to be crushed so that 90 % or more can pass through a sieve with an aperture of 500 microns and 100 % can pass
        through a sieve with an aperture of 1 000 microns,
    — the analytical method to be used afterwards is that which is printed in Annex I (Method A) to Directive 84/4/EEC (OJ No L 15, 18 .
        1 . 1984, p. 28).