CELEX: 31984R0538
Language: en
Date: 1984-03-01 00:00:00
Title: Commission Regulation (EEC) No 538/84 of 28 February 1984 fixing the export refunds on products processed from cereals and rice

No L 60/ 38                              Official Journal of the European Communities                                    1 . 3 . 84
                                  COMMISSION REGULATION (EEC) No 538 /84
                                                      of 28 February 1984
                  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 (7), as last amended by Regulation (EEC) No
Economic Community,                                                414/83 (8), defines the specific criteria to be taken into
                                                                   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 organ­
ization of the market in cereals ('), as last amended by
Regulation (EEC) No 1451 /82 (2), and in particular the            Whereas, on the basis of the criteria laid down in
fourth subparagraph of Article 16 (2) thereof,                      Regulation (EEC) No 2744/75, particular account
                                                                    should be taken of the prices and quantities of basic
                                                                    products used to calculate the variable component of
Having regard to Council Regulation (EEC) No
1418/76 of 21 June 1976 on the common organization                  the levy ; whereas Article 8 of Regulation (EEC) No
of the market in rice (3), as last amended by Regulation            2744/75 and Article 1 of Regulation (EEC) No
                                                                    1077/68 (9), as amended by Regulation (EEC) No
(EEC) No 174/84 (4), and in particular the fourth
                                                                    2764/71 (10), provide that the amount of the export
subparagraph of Article 17 (2) thereof,
                                                                    refund should, for certain products, be reduced by an
                                                                    amount equal to the production refund granted in
Having regard to the opinion of the Monetary                        respect of the basic products ;
Committee,
Whereas Article 16 of Regulation (EEC) No 2727/75                   Whereas it follows from applying these detailed rules
and Article 17 of Regulation (EEC) No 1418 /76                      to the present situation on the market in products
provide that the difference between quotations or                   processed from cereals and rice that the export refund
prices on the world market for the products listed in               should be fixed at an amount which will cover the
Article 1 of those Regulations and prices for those                 difference between Community prices and world
products within the Community may be covered by an                  market prices ;
export refund ;
Whereas Article 2 of Council Regulation (EEC) No
 2746/75 of 29 October 1975 (^ and Article 2 of                     Whereas when the refund is being calculated account
                                                                    should be taken of the quantities of raw materials used
 Council Regulation (EEC) No 1431 /76 of 21 June
 1976 (6) laying down general rules for granting export             to determine the variable component of th^ levy ;
 refunds on cereals and rice respectively and criteria for          whereas the quantities of raw materials used for certain
 fixing the amount of such refunds, provide that when                processed products may vary according to the end use
 refunds are being fixed account must be taken of the                of the product ; whereas, depending on the manufac­
 existing situation and the future trend with regard to              turing process used, products other than the main
 prices and availabilities of cereals, rice and broken rice          product are obtained, the quantity and value of which
 on the Community market on the one hand and                         may vary with the nature and quality of the main
                                                                     products being manufactured ; whereas cumulation of
 prices for cereals, rice, broken rice and cereal products
 on the world market on the other ; whereas the same                 the refunds on the various products manufactured by a
                                                                     single process from the same basic product may make
 Articles provide that it is also important to ensure
 equilibrium and the natural development of prices and               it possible, in certain cases, to export, to third countries
 trade on the markets in cereals and rice and, further­              at prices which are lower than world market prices ;
 more, to take into account the economic aspect of the               whereas the refund on certain products should there­
 proposed exports, and the need to avoid disturbances                fore be limited to an amount which, while allowing
                                                                     access to the world market, will ensure that the aims of
 on the Community market ;
                                                                     the common          organization       of    the markets    are
                                                                     respected ;
 (') OJ No L 281 , 1 . 11 . 1975, p . 1 .
 (2) OJ No L 164, 14 . 6. 1982, p . 1 .
 I3) OJ No L 166, 25. 6. 1976, p. 1 .                                0 OJ    No  L 281 , 1 . 11 . 1975, p . 65 .
 (4) OJ No L 21 , 26 . 1 . 1984, p . 1 .                             (8) OJ  No  L 51 , 24. 2. 1983 , p . 1 .
 0 OJ No L 281 , 1 . 11 . 1975, p. 78 .                              0 OJ    No  L 181 , 27. 7 . 1968 , p . 1 .
  6 OJ No L 166 , 25 . 6 . 1976, p . 36 .                             ,0) OJ No   L 283 , 24 . 12 . 1971 , p . 30 .
 ---pagebreak--- i . 3. 84                           Official Journal of the European Communities                           No L 60/39
Whereas the refund to be granted in respect of certain        — for other currencies, an exchange rate based on the
processed products should be graduated on the basis of               arithmetic mean of the spot market rates of each of
the ash, crude fibre, tegument, protein, fat and starch              these currencies recorded for a given period in
content of the individual product concerned, this                    relation to the Community currencies referred to
content being a particularly good indicator of the                   in the previous indent ;
quantity of basic product actually incorporated in the
processed product ;                                           Whereas the refund must be fixed once a month ;
                                                              whereas it may be altered in the intervening period ;
Whereas there is no need at present to fix an export
refund for manioc, other tropical roots and tubers or
flours obtained therefrom, given the economic aspect
                                                              Whereas the measures provided for in this Regulation
                                                              are in accordance with the opinion of the Management
of potential exports and in particular the nature and         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
to fix an export refund at the present time ;                 HAS ADOPTED THIS REGULATION :
Whereas the world market situation or the specific
requirements of certain markets may make it necessary
to vary the refund for certain products according to                                    Article 1
destination ;
                                                              The export refunds on the products listed in Article 1
Whereas Regulation (EEC) No 2806/71 (') lays down             (d) of Regulation (EEC) No 2727/75 and in Article 1
additional rules for granting export refunds for certain
                                                              ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
products processed from cereals and rice ;                    Regulation (EEC) No 2744/75 are hereby fixed as
                                                              shown in the Annex to this Regulation.
Whereas, if the refund system is to operate normally,
refunds should be calculated on the following basis :
— in the case of currencies which are maintained in                                     Article 2
     relation to each other at any given moment within
     a band of 2,25 % , a rate of exchange based on           This Regulation shall enter into force on 1 March
     their central rate,                                       1984 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 28 February 1984.
                                                                           For the Commission
                                                                             Poul DALSAGER
                                                                       Member of the Commission
(') OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- No L 60/40                         Official Journal of the European Communities                                    1 . 3 . 84
                                                            ANNEX
               to the Commission Regulation of 28 February 1984 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          73,02
                          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,    117,40
                          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     91,92
                          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            —
                          exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 1 % by weight
  11.01 E (III)           Maize flour not included under No 11.01 E (I) and (II)                                    —
  11.01 F                 Rice flour                                                                                —
  11.02 A III (a)         Barley groats and meal, of an ash content, referred to dry matter, not exceeding         75,45
                          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)                              —
  11.02 A IV (a)          Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2,3 %     117,40
                          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 %    118,19
                          by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                          weight (')
  1 1 .02 A V (b)         Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1,3 %     91,92
                          by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
                          by weight (')
   11.02 A V (c)          Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by      78,79
                          weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to
                          dry matter, not exceeding 1 % by weight (')
  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       73,02
                          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 11.02BIa)l (aa) (2)               —
   11.02 B I a) 2 (aa)     Clipped oats                                                                              —
 ---pagebreak---  1 . 3 . 84                                Official Journal of the European Communities                                No L 60/41
                                                                                                                         (ECU/tonne)
             Number
         in nomenclature                                    Nomenclature in simplified wording                            Refund
         used for refunds
      11.02 B I a) 2 bb) (1 1 )  Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not          104,35
                                 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)      —
      1 1 .02 B I b) 1 (aa)      Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not       73,02
                                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 lb) 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       110,87
                                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           98,49
                                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)
     1 1.02 C III (a)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by            97,36
                                weight (without talc) — 1 st category (3)
     1 1.02 C III (b)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by            77,89
                                weight (without talc) — 2nd category (3)
     11.02 C IV                 Pearled oats (3)                                                                            —
     1 1.02 D I                 Wheat not otherwise worked than kibbled                                                    46,00
     11.02 D II                 Rye not otherwise worked than kibbled                                                      52,00
     1 1 .02 E I b) 1 (aa)      Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by             73,02
                                weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                                weight
     1 1.02 E lb) 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           130,44
                                weight, of a tegument content not exceeding 0,1 % , of a moisture content not
                                exceeding 12 % 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           104,35
                                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 11.02 E II c) ( 1 )          Flaked maize, of a fat content, referred to dry matter, not exceeding 0,9 % by           105,06
                                weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                                weight
 ---pagebreak--- No L 60/42                       Official Journal of the European Communities                                 1 . 3 . 84
                                                                                                            (ECU/tonne)
            Number
       in nomenclature                             Nomenclature in simplified wording                        Refund
       used for refunds
ex 11.02 E II c) (2)    Flaked maize, of a fat content, referred to dry matter, not exceeding 1,3 % by        85,36
                        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
    1 1.02 E II d) 1    Flaked rice                                                                            —
    11.02 Fill          Barley pellets                                                                         —
    11.02 F IV          Oat pellets                                                                            —
    11.02 FV            Maize pellets                                                                          —
    1 1 .02 G I         Wheat germ, whole, rolled, flaked or ground                                           19,09
    11.02 Gil           Germ of cereals other than wheat, whole, rolled, flaked or ground                     16,42
    1 1 .07 A I a)      Unroasted malt, obtained from wheat, in the form of flour                            135,89
    1 1 .07 A II a)     Unroasted malt, other than that obtained from wheat, in the form of flour             86,65
    11.08 A I           Maize starch (*)                                                                      74,46
    11.08 All           Rice starch (*)                                                                       38,12
    11.08 A III         Wheat starch (*)                                                                     106,81
    11.08 A IV          Potato starch (6)                                                                     74,46
    11.08 AV            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    130,11
                        by weight (N x 6,25)
    17.02 B II a)       Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %     97,13
                        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      74,46
                        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      101,75
                        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       70,76
                        dry matter, other than in the form of powder
    21.07 F II          Flavoured or coloured glucose syrup, and malto-dextrine syrup                         74,46
    23.02 A I a)        Brans sharps and other residues derived from the sifting, milling or working of       15,25
                        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      15,25
                        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      15,25
                        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      15,25
                        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            37,00
                        steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                        by weight (N x 6,25)
 ---pagebreak--- 1 . 3 . 84                              Official Journal of the European Communities                                No L 60 /43
(') 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 31.5 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.
(6) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by
    weight.