CELEX: 31977R0898
Language: en
Date: 1977-04-30 00:00:00
Title: Commission Regulation (EEC) No 898/77 of 29 April 1977 fixing the export refunds on products processed from cereals and rice

30 . 4. 77                             Official Journal of the European Communities                             No L 108 /5
                                   COMMISSION REGULATION (EEC) No 898/77
                                                       of 29 April 1977
                    fixing the export refunds on products processed from cereals and rice
 THE COMMISSION OF THE EUROPEAN                                    832/76 (7), defines the specific criteria to be taken into
 COMMUNITIES,                                                      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
 Having regard to Council Regulation (EEC) No                      Regulation (EEC) No 2744/75, particular account
 2727/75 of 29 October 1975 on the common organiza­                should be taken of the prices and quantities of basic
 tion of the market in cereals ('), as last amended by             products used to calculate the variable component of
 Regulation (EEC) No 3138/76 (2), and in particular the            the levy ; whereas Article 8 of Regulation (EEC) No
 fourth subparagraph of Article 16 (2) thereof,                    2744/75 and Article 1 of Regulation (EEC) No
                                                                   1077/68 (8), as amended by Regulation (EEC) No
 Having regard to Council Regulation (EEC) No                      2764/71 (9), provide that the amount of the export
 1418/76 of 21 June 1976 on the common organiza­                   refund should, for certain products, be reduced by an
 tion of the market in rice (3), 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 rules and
                                                                   criteria to the present situation on the market in
 Whereas Article 16 of Regulation (EEC) No 2727/75                 products processed from cereals and rice that the
 and Article 17 of Regulation (EEC) No 1418/76                     export refund should be fixed at an amount which
 provide that the difference between quotations or                 will cover the difference between Community prices
 prices on the world market for the products listed in             and world market prices ;
 Article 1 of those Regulations and prices for those
 products within the Community may be covered by
                                                                   Whereas when the refund is being calculated account
 an export refund ;
                                                                   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 (4), 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 (5) 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 and broken rice on the world             may make it possible, in certain cases, to export to
 market on the other ; whereas the same Articles                   third countries at prices which are lower than world
 provide that it is also important to ensure equilibrium           market prices ; whereas the refund on certain products
 and the natural development of prices and trade on                should therefore be limited to an amount which,
 the markets in cereals and rice and, furthermore, to              while allowing access to the world market, will ensure
 take into account the economic aspect of the                      that the aims of the common organization of the
 proposed exports, and the need to avoid disturbances              markets are respected ;
on the Community market ;
                                                                   Whereas the refund to be granted in respect of certain
Whereas Article 6 of Council Regulation (EEC) No                   processed products should be graduated on the basis
2744/75 of 29 October 1975 on the import and export                of the ash, crude fibre, tegument, protein, fat and
system for products processed from cereals and from                starch content of the individual product concerned,
rice (6), as amended by Regulation (EEC) No                        this content being a particularly good indicator of the
                                                                   quantity of basic product actually incorporated in the
(<) OJ No L 281 , 1 . 11 . 1975, p. 1 .                            processed product ;
 2) OJ No L 354, 24. 12. 1976, p . 1 .
(3) OJ No L 166, 25. 6. 1976, p . 1 .
 <) OJ No L 281 , 1 . 11 . 19/5, p. 78 .                          (7) OJ No L 100 , 14. 4. 1976, p. 1 .
(5) OJ No L 166, 25. 6. 1976, p. 36.                              (8) OJ No L 181 , 27. 7. 1968 , p. 1 .
(6 OJ No L 281 , 1 . 11 . 1975, p. 65 .                           (») OJ No L 283, 24. 12. 1971 , p. 30 .
 ---pagebreak--- No L 108/6                           Official Journal of the European Communities                              30. 4. 77
Whereas there is no need at present to fix an export                  of these currencies recorded for a given period, in
refund for manioc, other tropical roots and tubers or                 relation to the Community currencies referred to
flours obtained therefrom, given the economic aspect                  in the previous subparagraph ;
of potential exports and in particular the nature and
origin of these products ; whereas, for certain products       Whereas the refund must be fixed once a month ;
processed from cereals, the insignificance of Commu­           whereas it may be altered in the intervening period ;
nity participation in world trade makes it unnecessary
to fix an export refund at the present time ;                  Whereas the measures provided for in this Regulation
                                                               are in accordance with the opinion of the Manage­
Whereas the world market situation or the specific             ment Committee for Cereals,
requirements of certain markets may make it neces­
sary to vary the refund for certain products according
to destination ;                                               HAS ADOPTED THIS REGULATION :
Whereas Regulation (EEC) No 2806/71 (') lays down
additional rules for granting export refunds for certain                                  Article 1
products processed from cereals and rice ;
                                                               The export refunds on the products listed in Article 1
Whereas, if the refund system is to operate normally,          (d) of Regulation (EEC) No 2727/75 and in Article 1
refunds should be calculated on the following basis :          ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
— in the case of currencies which are maintained in            Regulation (EEC) No 2744/75 are hereby fixed as
     relation to each other, at any given moment,              shown in the Annex to this Regulation.
    within 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 May 1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 29 April 1977.
                                                                            For the Commission
                                                                             Finn GUNDFLACH
                                                                                Vice-President
(•) OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- 30. 4. 77                               Official Journal of the European Communities                         No L 108/7
                                                               ANNEX
                 to the Commission Regulation of 29 April 1977 fixing the export refunds on products
                                                   processed from cereals and rice
                                                                                                               (u.a. /tonne)
         Number
     in nomenclature                                   Nomenclature in simplified wording                      Refund
     uled for refunds
 11.01 C (I)              Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 */o by    74-24
                          weight and of a crude fibre content, referred to dry matter, not exceeding
                          0·9 e/o 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       82-98
                          weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 ·/# by
                          weight, of a moisture content not exceeding 11 °/o and of which the peroxydase
                          is virtually inactivated
 11.01 D (II)             Oat flour not included under No 11.01 D (I)                                             0
 11.01 E (I)              Maize flour, of a fat content, referred to dry matter, not exceeding 1·3 ·/· by      76-99
                          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     65-99
                          exceeding 1·7 % by weight and of a crude fibre content, referred to dry matter,
                          not exceeding 1 °/o by weight
11.01 E (III)             Maize flour not included under No 11.01 E (I) and (II)                               47-84
11.01 F                   Rice flour                                                                           56-42
11.02 A III (a)           Barley groats and meal, of an ash content, referred to dry matter, not exceeding     76-71
                          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        82-98
                          2·3/ο 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      109-98
                          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       76-99
                          1 3 % by weight and of a crude fibre content, referred to dry matter, not
                         exceeding 0·8 °/o by weight (1)
11.02 A V (c)             Maize groats and meal, of a fat content, referred to dry matter, exceeding           6599
                          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 °/o weight (l)
11.02 A VI               Rice groats and meal                                                                  56-42
11.01 B I a) 1 (aa)       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not    74-24
                         exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                         not exceeding 0-9 % by weight (*)
11.02 B I a) 1 (bb)'     Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (·)         0
1 1.02 B I a) 2 (aa)     Clipped oats                                                                            —
11.02 B 1 a) 2 bb) (U)   Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not       73-75
                         exceeding 2-3 % by weight, of a tegument content not exceeding 0*5 ®/o of a
                         moisture content not exceeding 11/» and of which the peroxydase is virtually
                         inactivated (*)
1 1.02 B U) 2 bb) (22)   Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) (U) (*)       0
 ---pagebreak---  No L 108/8                            Official Journal of the European Communities                         30. 4. 77
                                                                                                             (u.a.ltonnej
         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  74-24
                        exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                        not exceeding 0*9 % by weight ('Grütze* or 'Grutten') (*)
                                                                                                                0
 11.02 B I b) 1 (bb)    Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)
                        ('Grütze* or 'Grutten') (*)
                                                                                                             78-36
 11.02 B I b) 2 (aa)    Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not
                        exceeding 2-3 % weight, of a tegument content not exceeding 0*1 e/o, of a moisture
                        content not exceeding 11/o and of which the Peroxydase is virtually inactivated
                        (' Grütze' or 'Grutten') (')
 11.02 B I b) 2 (bb)    Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)            0
                        ('Grütze' or 'Grutten') (')
11.02 B II a) (1)       Hulled (shelled or husked) wheat, not sliced or kibbled (*)                             0
11.02 C III (a)         Pearled barley, of an ash content, referred to dry matter, not exceeding 1 e/o by    98-98
                       weight (without talc) — 1st category (·)
11.02 C III (b )        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 ·/· by    79-18
                       weight (without talc) — 2nd category (')
11.02 C IV             Pearled oats (')                                                                        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 */e by        74-24
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-9 °/o by weight
11.02 E I b) 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/ο by        92-20
                       weight, of a tegument content not exceeding 0· 1 °/o, of a moisture content not
                       exceeding 12 e/o and of which the Peroxydase is virtually inactivated
11.012 E I b) 2 (bb)   Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 ·/« by      73-75
                       weight, of a tegument content exceeding 0·1 % but not exceeding 1*5 e/o, of a
                       moisture content not exceeding 12/o and of which the Peroxydase is virtually
                       inactivated
11.02 E I b) 2 (cc)    Flaked oats not included under Nos 11.02 E I b) 2 (aa) and 11.02 E I b) 2 (bb)         —
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0·9 β/ο by      87-98
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 °/o by weight
                       Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 % by       71-49
ex 11.02 E II c) (2)
                       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 */e 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) 1        Flaked rice                                                                          56-42
11.02 F III            Barley pellets                                                                         —
11.02 F IV             Oat pellets                                                                            —
11.02 F V              Maize pellets                                                                          —
11.02 G I              Wheat germ, whole, rolled, flaked or ground                                          19-78
11.02 G II             Gem of cereals other than wheat, whole, rolled, flaked or ground                     13-75
 ---pagebreak--- 30. 4. 77                                 Official Journal of the European Communities                                           No L 108/9
                                                                                                                                    (u.aJtonne}
          Number
      In nomenclature                                        Nomenclature in simplified wording                                     Refund
      used for refunds
 11.08 A I                    Maize starch                                                                                          75-83
11.08 A II                    Rice starch                                                                                           6375
 11.08 AIII                   Wheat starch                                                                                         149-38
 11.08 A IV                   Potato starch                                                                                         75-83
 11.08 A V                    Starches other than maize, rice, wheat, or potato starch                                              75-83
 11.09 A                      Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                      271-60
                              82 % by weight (N X 6-25)
17.02 B II a)                 Glucose other than glucose containing, in the dry state, 99 e/o or more by weight                      98-91
                              of the pure product, in the form of white crystalline powder, whether or not
                              agglomerated (*)
 17.02 B II b)                Glucose and glucose syrup not containing, in the dry state, 99°/o or more by                           75-83
                              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                        98-91
                              or not agglomerated
 17.05 B II                   Flavoured or coloured glucose and glucose syrup, other than in the form of                             75-83
                              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                         0
                              maize or rice of a starch content not exceeding 35 °/o by weight
23.02 A I b) 2                Brans, sharps and other residues derived from the sifting, milling or working of                         0
                              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                            0
                              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°/o 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                         0
                              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                            94-20
                              steeping liquors), of a protein content, calculated on dry matter, not exceeding
                              63 % by weight (N X 6-25)
(*) The export refund is paid in respect of maize- groats and meal :
    — of which a percentage not exceeding 30 % passes through a sieve with an aperture of 315 microns,
    — of which a percentage not exceeding 5 % of product passes through a sieve with an aperture of 150 microns.
n 'Hulled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. t. IMS,
    p. 46).
(•> 'Pearled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. t. 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.