CELEX: 31985R3352
Language: en
Date: 1985-11-30
Title: Commission Regulation (EEC) No 3352/85 of 29 November 1985 fixing the export refunds on products processed from cereals and rice

30 . 11 . 85                            Official Journal of the European Communities                             No L 321 /9
                                    COMMISSION REGULATION (EEC) No 3352/85
                                                    of 29 November 1985
                      fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       rice I7), as last amended by Regulation (EEC) No
                                                                  1027/84 (8), 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              Whereas, on the basis of the criteria laid down in Regula­
of 29 October 1975 on the common organization of the              tion (EEC) No 2744/75, particular account should be
market in cereals ('), as last amended by Regulation (EEC)        taken of the prices and quantities of basic products used
No 101 8/84 (2), and in particular the fourth subparagraph        to calculate the variable component of the levy ; whereas
of Article 16 (2) thereof,                                        Article 8 of Regulation (EEC) No 2744/75 and Article 1
                                                                  of Regulation (EEC) No 1077/68 ('), as amended by Regu­
Having regard to Council Regulation (EEC) No 1418/76              lation (EEC) No 2764/71 (10), provide that the amount of
of 21 June 1976 on the common organization of the                 the export refund should, for certain products, be reduced
market in rice (3), as last amended by Regulation (EEC)           by an amount equal to the production refund granted in
No 1025/84 (4), and in particular the fourth subparagraph         respect of the basic products ;
of Article 17 (2) thereof,
                                                                  Whereas it follows from applying these detailed rules to
Having regard to the opinion of the Monetary Committee,           the present situation on the market in products processed
                                                                  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
Article 17 of Regulation (EEC) No 1418/76 provide that            between Community prices and world market prices ;
the difference between quotations or prices on the world
market for the products listed in Article 1 of those Regu­
lations and prices for those products within the Commu­           Whereas when the refund is being calculated account
nity may be covered by an export refund ;                         should be taken of the quantities of raw materials used to
                                                                  determine the variable component of the levy ; whereas
Whereas Article 2 of Council Regulation (EEC) No                  the quantities of raw materials used for certain processed
2746/75 of 29 October 1975 (^ and Article 2 of Council            products may vary according to the end use of the
Regulation (EEC) No 1431 /76 of 21 June 1976 (^ laying            product ; whereas, depending on the manufacturing
down general rules for granting export refunds on cereals          process used, products other than the main product are
and rice respectively and criteria for fixing the amount of       obtained, the quantity and value of which may vary with
such refunds, provide that when refunds are being fixed            the nature and quality of the main products being manu­
                                                                   factured ; whereas cumulation of the refunds on the
account must be taken of the existing situation and the
future trend with regard to prices and availabilities of          various products manufactured by a single process from
cereals, rice and broken rice on the Community market              the same basic product may make it possible, in certain
on the one hand and prices for cereals, rice, broken rice          cases, to export to third countries at prices which are
and cereal products on the world market on the other ;             lower than world market prices ; whereas the refund on
whereas the same Articles provide that it is also important        certain products should therefore be limited to an amount
to ensure equilibrium and the natural development of               which, while allowing access to the world market, will
prices and trade on the markets in cereals and rice and,           ensure that the aims of the common organization of the
furthermore, to take into account the economic aspect of           markets are respected ;
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               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 .
0 OJ No L 107, 19 . 4. 1984, p. 1 .
(3) OJ No L 166, 25. 6. 1976, p. 1 .                               0 OJ No L 281 , 1 . 11 . 1975, p. 65.
(j OJ No L 107, 19. 4. 1984, p. 13.                                (8) OJ No L 107, 19. 4. 1984, p. 15.
0 OJ No L 281 , 1 . 11 . 1975, p. 78 .                              0 OJ No L 181 , 27. 7. 1968, p. 1 .
M OJ No L 166, 25. 6. 1976, p. 36.                                  (10) OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak--- No L 321 / 10                          Official Journal of the European Communities                             30 . 11 . 85
Whereas there is no need at present to fix an export                 these currencies recorded for a given period in rela­
refund for manioc, other tropical roots and tubers or                tion to the Community currencies referred to in the
flours obtained therefrom, given the economic aspect of              previous indent, and the aforesaid coefficient ;
potential exports and in particular the nature and origin
of these products ; whereas, for certain products processed      Whereas the refund must be fixed once a month ;
from cereals, the insignificance of Community participa­         whereas it may be altered in the intervening period ;
tion in world trade makes it unnecessary to fix an export
refund at the present time ;                                     Whereas the Management Committee for Cereals has not
                                                                 delivered an opinion within the time limit set by its
Whereas the world market situation or the specific requi­        chairman,
rements of certain markets may make it necessary to vary
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
— in the case of currencies which are maintained in rela­        Regulation (EEC) No 1418/76 and subject to Regulation
    tion to each other at any given moment within a band         (EEC) No 2744/75 are hereby fixed as shown in the
    of 2,25 % , a rate of exchange based on their central        Annex to this Regulation.
    rate, multiplied by the coefficient provided for in
    Article 2b (2) of Regulation (EEC) No 974/71 (2), as                                 Article 2
    last amended by Regulation (EEC) No 855/84 (3),
— for other currencies, an exchange rate based on the            This Regulation shall enter into force on 1 December
    arithmetic mean of the spot market rates of each of          1985.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 29 November 1985.
                                                                          For the Commission
                                                                           Frans ANDRIESSEN
                                                                              Vice-President
(') OJ No L 284, 28. 12. 1971 , p. 9 .
0 OJ No L 106, 12. 5. 1971 , p. 1 .
0 OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- 30. 11 . 85                               Official Journal of the European Communities                                 No L 321 / 11
                                                                   ANNEX
                      to the Commission Regulation of 29 November 1985 fixing the export refunds on products
                                                    processed from cereals and rice
                                                                                                                          (ECU/tonne)
             Number
         in nomenclature                                    Nomenclature in simplified wording                           Refund
         used for refunds
   11.01 C(I)                    Barley flour, of an ash content, referred to dry matter, not exceeding 0,9 % by         142,77
                                 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,    133,94
                                 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    127,50
                                 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        147,53
                                 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 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 %     133,94
                                 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
   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 %    163,93
                                 by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                                 weight (') (8)
   11.02 A V(b)                  Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1 ,3 %   127,50
                                 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     109,28
                                 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      142,77
                                  exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                                  exceeding 0,9 % by weight (2)
    11.02 B I a) 1 (bb)           Hulled (shelled or husked) barley not included under No 1 1 .02 B I a) 1 (aa) (2)        —
    1 1 .02 B I a) 2 (aa)         Clipped oats                                                                             —
 ---pagebreak--- No L 321 / 12                            Official Journal of the European Communities                               30. 11 . 85
                                                                                                                     (ECU/tonne)
              Number
          in nomenclature                                  Nomenclature in simplified wording                       Refund
          used for refunds
    1 1.02 B I a) 2 bb) (11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not       119,06
                              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 Bib) 1 (aa)         Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not   142,77
                              exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0,9 % by weight ('Griitze' or 'Grutten') (2)
    11.02 B I b) 1 (bb)       Hulled and sliced or kibbled barley, not included under No 1 1 .02 B I b) 1 (aa)        —
                              ('Griitze' 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     126,50
                              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 ('Griitze' or 'Grutten') (2)
   1 1 .02 B I b) 2 (bb)      Hulled and sliced or kibbled oats not included under No 1 1.02 B I b) 2 (aa)            —
                              ('Griitze' 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      136,60
                              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 II c) (2)         Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not      104,73
                              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       190,36
                              weight (without talc) — 1st category (3)
   1 1.02 C 111(b)            Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by       152,29
                              weight (without talc) — 2nd category (3)
   11.02 CIV                  Pearled oats (3)                                                                        —
   11.02 D I                  Wheat not otherwise worked than kibbled                                                67,00
   1 1.02 D II                Rye not otherwise worked than kibbled                                                  82,00
   1 1 102 E I b) 1 (aa)      Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by        142,77
                              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        148,82
                              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        119,06
                              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
   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        145,71
                              weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                              weight
 ---pagebreak--- 30. 11 . 85                        Official Journal of the European Communities                               No L 321 / 13
                                                                                                                 (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        118,39
                          weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                          weight
ex 1 1 .02 E II c) (3)    Flaked maize, of a fat content, referred to dry matter, exceeding 1,3 % but not         —
                          exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 1 % by weight
    1 1 .02 E II d) 1     Flaked rice                                                                             —
    11.02 Fill            Barley pellets                                                                          —
    11.02 F IV            Oat pellets                                                                             —
    1 1.02 F V            Maize pellets                                                                           —
    11.02G I              Wheat germ, whole, rolled, flaked or ground                                            20,75
    11.02 G II            Germ of cereals other than wheat, whole, rolled, flaked or ground                      22,77
    1 1 .07 A I a)        Unroasted malt, obtained from wheat, in the form of flour                             147,72
    11.07 A II a)         Unroasted malt, other than that obtained from wheat, in the form of flour             169,42
    11.08 A I             Maize starch (*)                                                                      115,37
    11.08 All             Rice starch (*)                                                                       152,32
    11.08 A III           Wheat starch (*)                                                                      121,44
    11.08 A IV            Potato starch (6)                                                                     115,37
    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     147,92
                          by weight (N x 6,25)
    17.02 B II a)         Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %     150,49
                          or more by weight of the pure product, in the form of white crystalline powder,
                          whether or not agglomerated (4)
    17.02 B II b)         Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­      115,37
                          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       157,65
                          dry matter, in the form of powder, whether or not agglomerated
    17.02 F lib)          Caramel, other than caramel containing 50 % or more by weight of sucrose in the       109,64
                          dry matter, other than in the form of powder
    21.07 F II            Flavoured or coloured glucose syrup, and malto-dextrine syrup                         115,37
    23.02 A I a)          Brans sharps and other residues derived from the sifting, milling or working of        21,54
                          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       21,54
                          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      21,54
                          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       21,54
                           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             57,32
                           steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                           by weight (N x 6,25)
 ---pagebreak--- No L 321 / 14                              Official Journal of the European Communities                                       30 . 11 . 85
(') The export refund is paid in respect of maize, groats and meal :
    — of which a percentage not exceeding 30 % passes through a sieve with an aperture of 315 microns,
    — of which a percentage not exceeding 5 % passes through a sieve with an aperture of 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).                                                                 v
(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).