CELEX: 31976R1000
Language: en
Date: 1976-05-01 00:00:00
Title: Commission Regulation (EEC) No 1000/76 of 30 April 1976 fixing the export refunds on products processed from cereals and rice

No L 115/ 18                            Official Journal of the European Communities                               1 . 5. 76
                                   COMMISSION REGULATION (EEC) No 1000/76
                                                       of 30 April 1976
                    fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                    Whereas Article 6 of Council Regulation (EEC) No
COMMUNITIES,                                                       2744/75 of 29 October 1975 on the import and export
                                                                   system for products processed from cereals and from
Having regard to the Treaty establishing the European              rice (8), defines the specific criteria to be taken into
Economic Community,                                                account when the refund on these products is being
                                                                   calculated ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals (1), as amended by Regula­           Whereas, on the basis of the criteria laid down in
tion (EEC) No 3058/75 (*), and in particular the first             Regulation (EEC) No 2744/75, particular account
sentence of the fourth subparagraph of Article 16 (2)              should be taken of the prices and quantities of basic
thereof ;                                                          products used to calculate the variable component of
                                                                   the levy ; whereas, therefore, as is laid down for the
Having regard to Council Regulation No 359/67/EEC                  determination of the variable component, account
of 25 July 1967 on the common organization of the                  should be taken of the average of the levies on the
market in rice (3), as last amended by Regulation                  basic products concerned during a representative
(EEC) No 668/75 (4), and in particular the first                   period, namely the first 25 days of the month
sentence of the fourth subparagraph of Article 17 (2)              preceding the month of exportation ; whereas this
thereof,                                                           average should be adjusted for the threshold price for
                                                                   these basic products which will be in force during the
Having regard to the opinion of the Monetary                       month of exportation ; whereas Article 8 of Regula­
Committee,
                                                                   tion (EEC) No 2744/75 and Article 1 of Regulation
Whereas Article 16 of Regulation (EEC) No 2727/75                  (EEC) No 1077/68 (9), as amended by Regulation
and Article 17 of Regulation No 359/67/EEC provide                 (EEC) No 2764/71 ( 10), provide that the amount of the
that the difference between quotations or prices on                export refund should, for certain products, be reduced
the world market for the products listed in Article 1              by an amount equal to the production refund granted
of those Regulations and prices for those products                 in respect of the basic product ;
within the Community may be covered by an export
refund ;                                                           Whereas it follows from applying these rules and
                                                                   criteria to the present situation on the market in
Whereas Article 2 of Council Regulation (EEC) No                   products processed from cereals and rice that the
2746/75 (5) of 29 October 1975, and Article 2 of
                                                                   export refund should be fixed at an amount which
Council Regulation No 366/67/EEC of 25 July 1967                   will cover the difference between Community prices
laying down general rules for granting export refunds
                                                                   and world market prices ;
on cereals and rice respectively and criteria for fixing
the amount of such refunds (6), as last amended by
 Regulation (EEC) No 478/75 (7), provide that when                 Whereas when the refund is being calculated account
 refunds are being fixed account must be taken of the               should be taken of the quantities of raw materials
 existing situation and the future trend with regard to             used to determine the variable component of the
 prices and availabilities of cereals, rice and broken rice         levy ; whereas the quantities of raw materials used for
on the Community market on the one hand and                         certain processed products may vary according to the
 prices for cereals, rice and broken rice on the world              end use of the product ; whereas, depending on the
 market on the other ; whereas the same Articles                    manufacturing process used, products other than the
 provide that it is also important to ensure equilibrium            main product are obtained, the quantity and value of
 and the natural development of prices and trade on                 which may vary with the nature and quality of the
 the markets in cereals and rice and, furthermore , to              main products being manufactured ; whereas cumula­
 take into account the economic aspect of the                       tion of the refunds on the various products manufac­
 proposed exports, and the need to avoid disturbances               tured by a single process from the same basic product
 on the Community market ;                                          may make it possible, in certain cases, to export to
                                                                    third countries at prices which are lower than world
 (')  OJ No L 281 , 1 . 11 . 1975, p. 1 .                           market prices ; whereas the refund on certain products
 (2)  OJ No L 306, 26. 11 . 1975, p. 3 .                            should therefore be limited to an amount which,
 (>)  OJ No 174, 31 . 7. 1967, p. 1 .
 (4)  OJ No L 72, 20 . 3 . 1975, p. 18 .
 (5)  OJ No L 281 , 1 . 11 . 1975, p. 78 .                          (8) OJ No L 281 , 1 . 11 . 1975, p. 65.
 (<>) OJ No 174, 31 . 7. 1967, p. 34.                               O OJ No L 181 , 27. 7 . 1968 , p. 1 .
 (7)  OJ No L 52, 28 . 2. 1975, p. 34.                              0°) OJ No L 283, 24. 12. 1971 , p. 30 .
 ---pagebreak--- • 1 . 5. 76                            Official Journal of the European Communities                          No L 115/ 19
  while allowing access to the world market, will ensure         — in the case of currencies which are maintained in
  that the aims of the common organization of the                      relation to each other, at any given moment,
  markets are respected ;                                              within a band of 2-25 % , a rate of exchange based
                                                                       on their effective parity ;
  Whereas the refund to be granted in respect of certain
  processed products should be graduated on the basis            — for other currencies an exchange rate based on the
  of the ash, crude fibre, tegument, protein, fat and                  arithmetic mean of the spot market rates of each
  starch content of the individual product concerned,                  of these currencies recorded for a given period, in
  this content being a particularly good indicator of the              relation to the Community currencies referred to
  quantity of basic product actually incorporated in the               in the previous subparagraph ;
  processed product ;                                            Whereas the refund must be fixed once a month ;
  Whereas there is no need at present to fix an export           whereas it may be altered in the intervening period ;
  refund for manioc, other tropical roots and tubers or          Whereas the measures provided for in this Regulation
  flours obtained therefrom, given the economic aspect           are in accordance with the opinion of the Manage­
  of potential exports and in particular the nature and          ment Committee for Cereals,
  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 ;
                                                                                          Article 1
 Whereas the world market situation or the specific
  requirements of certain markets may make it neces­             The export refunds on the products listed in Article 1
  sary to vary the refund for certain products according         (d) of Regulation (EEC) No 2727775 and in Article 1
  to destination ;                                               ( 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 ;
                                                                                          Article 2
 Whereas, if the refund system is to operate normally,
 refunds should be calculated on the following basis :           This Regulation shall enter into force on 1 May 1976.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
                Done at Brussels, 30 April 1976.
                                                                             For the Commission
                                                                               P.J. LARDINOIS
                                                                         Member of the Commission
 (!) OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- No L 115 /20                            Official Journal of the European Communities                                  1 . 5 . 76
                                                             ANNEX
         Number                                                                                                     Refund in
     in nomenclature                                  Nomenclature in simplified wording                         u.a./metric ton
     used for refunds                                                                                           (third countries)
1 1.01 C (I)              Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by             48.11
                          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                58.41
                          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               55.47
                          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              47.54
                          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)                                      34.47
11.01 F                   Rice flour                                                                                  34.33
11.01 H                   Millet flour                                                                                   0
11.02 A III (a)           Barley groats and meal, of an ash content, referred to dry matter, not exceeding            49.71
                          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               58.41
                          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
tl.02 A V ( a)             Maize groats and meal, of a fat content, referred to dry matter, not exceeding             71.32
                           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             55.47
                           1*3 % by weight and of a crude fibre content, referred to dry matter, not
                           exceeding 0-8 % by weight (1)
 11.02 A V (c)             Maize groats and meal, of a fat content, referred to dry matter, exceeding                 47.54
                           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                                                                       34.33
 11.02 B I a) 1 ( aa )     Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not          48.11
                           exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                           not exceeding 0-9 % by weight (z)
 11.02 B I a) 1 (bb )      Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (•)               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            51.92
                           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 )
 \ l.02B I a) 2 bb) (22)   Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (•)           0
 ---pagebreak--- 1 . 5 . 76                           Official Journal of the European Communities                          No L 115/21
         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       48.11
                      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)
                      Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not          55.17
 11.02 Bib) 2 (aa)
                      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 (s)                                  0
 11.02 C III ( a)     Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by            64.14
                      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            51.31
                      weight (without talc) — 2nd category (s)
11.02 C IV            Pearled oats (3)                                                                             0
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              48.11
                      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             64.90
                      weight, of a tegument content not exceeding 0-1 %>, of a moisture content not
                      exceeding 12 % and of which the peroxydase is virtually inactivated
11,012 E lb) 2 (bb)   Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by            51.92
                      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             63.39
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0-7 % by weight
ex 11.02 E II c) (2)  Flaked maize, of a fat content, referred to dry matter, not exceeding 1*3 % by            51.51
                      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 e) i       Flaked rice                                                                               34.33
11.02 F III           Barley pellets
11.02 F IV            Oat pellets
11.02 FV              Maize pellets
11.02 G I             Wheat germ, whole, rolled, flaked or ground                                               10.67
11.02 G II            Germ of cereals other than wheat, whole, rolled, flaked or ground                           9.91
11.07 A It)           Unroasted malt, obtained from wheat, in the form of flour
 ---pagebreak--- No L 115/22                                Official Journal of the European Communities                                                     1 . 5 . 76
          Number                                                                                                                        Refund in
      in nomenclature                                         Nomenclature in simplified wording                                   u . a . /metric ton
      used for refunds                                                                                                            (third countries)
11.07 A I b)                  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
I.1.07 A II h)                Unroasted malt, other than that obtained from wheat, other than in the form
                              of flour
II.07 B                       Roasted malt
11.08 A I                     Maize starch                                                                                                  47.69
11.08 All                     Rice starch                                                                                                   30.54
11.08 A III                   Wheat starch                                                                                                  58.04
11.08 A IV                    Potato starch                                                                                                 47.69
11.08 A V                     Starches other than maize, rice, wheat, or potato starch                                                      47.69
11.09 A                       Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                             105.52
                              82 °/o by weight (N X 6-25 )
                                                                                                                                            62.20
17.02 B II a)                 Glucose other than glucose containing, in the dry state, 99 °/o 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 )                Glucose and glucose syrup not containing, in the dry state, 99 °/o or more by                                 47.69
                              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                                62.20
                              or not agglomerated
17.05 B II                    Flavoured or coloured glucose and glucose syrup, other than in the form of                                     47.69
                              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                                 9.15
                              maize or rice of a starch content not exceeding 35 °/o by weight
23.02 A I b) 1                Brans, sharps and other residues derived from the sifting, milling or working of                                 9.15
                              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                                 9.15
                              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 °/o by weight
                              and having undergone denaturing process
23.02 A II a )                Brans, sharps and other residues derived from the sifting, milling or working                                    9.15
                              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                                 9.15
                              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                                     59.24
                              steeping liquors), of a protein content, calculated on dry matter, not exceeding
                              63 °/o by weight (N X 6-25 )                                                               V
(') 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 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).
O 'Pearled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. 1961 .
     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 .