CELEX: 31987R0893
Language: en
Date: 1987-03-28
Title: Commission Regulation (EEC) No 893/87 of 27 March 1987 fixing the export refunds on products processed from cereals and rice

No L 85/30                                 Official Journal of the European Communities                                  28 . 3 . 87
                                        COMMISSION REGULATION (EEC) No 893/87
                                                          of 27 March 1987
                         fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           system for products processed from cereals and from
                                                                      rice (7), as last amended by Regulation (EEC) No
Having regard to the Treaty establishing the European                 1 588/86 (8), defines the specific criteria to be taken into
Economic Community,                                                   account when the refund on these products is being
                                                                      calculated ;
Having regard to the Act of Accession of Spain and
Portugal,
                                                                      Whereas, on the basis of the criteria laid down in Regula­
                                                                      tion (EEC) No 2744/75, particular account should be
Having regard to Council Regulation (EEC) No 2727/75                  taken of the prices and quantities of basic products used
of 29 October 1975 on the common organization of the                  to calculate the variable component of the levy ; whereas
market in cereals ('), as last amended by Regulation (EEC)            Article 8 of Regulation (EEC) No 2744/75 and Article 1
No 1 579/86 (2), and in particular the fourth subparagraph            of Commission Regulation (EEC) No 1077/68 (9), as
of Article 16 (2) thereof,                                            amended by Regulation (EEC) No 2764/71 (l0), provide
                                                                      that the amount of the export refund should, for certain
Having regard to Council Regulation (EEC) No 1418/76                  products, be reduced by an amount equal to the produc­
of 21 June 1976 on the common organization of the                     tion refund granted in respect of the basic products ;
market in rice (3), as last amended by Regulation (EEC)
No 1449/86 (4), and in particular the fourth subparagraph
of Article 17 (2) thereof,                                            Whereas it follows from applying these detailed rules to
                                                                      the present situation on the market in products processed
                                                                      from cereals and rice that the export refund should be
Having regard to the opinion of the Monetary Committee,               fixed at an amount which will cover the difference
                                                                      between Community prices and world market prices ;
Whereas Article 16 of Regulation (EEC) No 2727/75 and
Article 17 of Regulation (EEC) No 1418/76 provide that
the difference between quotations or prices on the world              Whereas when the refund is being calculated account
market for the products listed in Article 1 of those Regu­            should be taken of the quantities of raw materials used to
lations and prices for those products within the Commu­               determine the variable component of the levy ; whereas
nity may be covered by an export refund ;                             the quantities of raw materials used for certain processed
                                                                      products may vary according to the end use of the
Whereas Article 2 of Council Regulation (EEC) No                      product ; whereas, depending on the manufacturing
2746/75 (*), and Article 2 of Council Regulation (EEC) No             process used, products other than the main product are
1431/76 (^ laying down general rules for granting export              obtained, the quantity and value of which may vary with
refunds on cereals and rice respectively and criteria for             the nature and quality of the main products being manu­
fixing the amount of such refunds, provide that when                  factured ; whereas cumulation of the refunds on the
refunds are being fixed account must be taken of the exis­            various products manufactured by a single process from
ting situation and the future trend with regard to prices             the same basic product may make it possible, in certain
and availabilities of cereals, rice and broken rice on the            cases, to export to third countries at prices which are
Community market on the one hand and prices for                       lower than world market prices ; whereas the refund on
cereals, rice, broken rice and cereal products on the world           certain products should therefore be limited to an amount
market on the other ; whereas the same Articles provide               which, while allowing access to the world market, will
that it is also important to ensure equilibrium and the               ensure that the aims of the common organization of the
natural development of prices and trade on the markets in             markets are respected ;
cereals and rice and, furthermore, to take into account the
economic aspect of the proposed exports, and the need to
avoid disturbances on the Community market ;                          Whereas the refund to be granted in respect of certain
                                                                      processed products should be graduated on the basis of
Whereas Article 6 of Council Regulation (EEC) No                      the ash, crude fibre, tegument, protein, fat and starch
2744/75 of 29 October 1975 on the import and export                   content of the individual product concerned, this content
                                                                      being a particularly good indicator of the quantity of basic
                                                                      product actually incorporated in the processed product ;
0   OJ No   L  281 , 1 . 11 . 1975, p. 1.
(2  OJ No   L  139,  24. 5.   1986, p. 29.
(3) OJ No   L  166,  25. 6.   1976, p. 1.                             0 OJ No L 281 , 1 . 11 . 1975, p. 65.
0   OJ No   L  133,  21 . 5.  1986, p. 1.                             (8) OJ No L 139, 24. 5. 1986, p. 47.
0   OJ No   L  281 , 1 . 11 . 1975, p. 78 .                           (') OJ No L 181 , 27. 7. 1968, p. 1 .
M OJ No L 166, 25. 6. 1976, p. 36.                                    (,0) OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak--- 28 . 3 . 87                             Official Journal of the European Communities                             No L 85/31
Whereas there is no need at present to fix an export              Whereas the refund must be fixed once a month ;
refund for manioc, other tropical roots and tubers or             whereas it may be altered in the intervening period ;
flours obtained therefrom, given the economic aspect of
potential exports and in particular the nature and origin         Whereas, pursuant to Article 275 of the Act of Accession
of these products ; whereas, for certain products processed       of Spain and Portugal, refunds may be granted in the case
from cereals, the insignificance of Community participa­          of exports to Portugal ; whereas, in the light of the situa­
tion in world trade makes it unnecessary to fix an export         tion and the level of prices no refund should be fixed in
refund at the present time ;                                      the case of exports to Portugal ;
Whereas the world market situation or the specific requi­         Whereas the measures provided for in this Regulation are
rements of certain markets may make it necessary to vary          in accordance with the opinion of the Management
the refund for certain products according to destination ;        Committee for Cereals,
Whereas Commission Regulation (EEC) No 2806/71 (')
lays down additional rules for granting export refunds for
certain products processed from cereals and rice ;                HAS ADOPTED THIS REGULATION :
Whereas, if the refund system is to operate normally,                                      Article 1
refunds should be calculated on the following basis :
— in the case of currencies which are maintained in rela­         The export refunds on the products listed in Article 1 (d)
     tion to each other at any given moment within a band         of Regulation (EEC) No 2727/75 and in Article 1 (1 ) (c) of
     of 2,25 % , a rate of exchange based on their central        Regulation (EEC) No 1418/76 and subject to Regulation
     rate, multiplied by the corrective factor provided for in    (EEC) No 2744/75 are hereby fixed as shown in the
     the last paragraph of Article 3 (1 ) of Council Regula­      Annex to this Regulation.
     tion (EEC) No 1676/85 (2),
                                                                  The refund on export to Portugal has not been fixed.
— for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each of
     these currencies recorded for a given period in rela­                                 Article 2
     tion to the Community currencies referred to in the
     previous indent, and the aforesaid coefficient ;             This Regulation shall enter into force on 1 April 1987.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 27 March 1987.
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
 (•) OJ No L 284, 28. 12. 1971 , p. 9.
 0 OJ No L 164, 24. 6. 1985, p. 1 .
 ---pagebreak--- No L 85/32                              Official Journal of the European Communities                                  28 . 3 . 87
                                                                ANNEX
                    to the Commission Regulation of 27 March 1987 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      220,78
                              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,  246,62
                              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  217,98
                              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        186,84
                              exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 1 % by weight (J)
  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     228,14
                               1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                              0,9 % by weight
  11.02 A 111(b)               Barley groats and meal not included under No 1 1 .02 A III (a)                         —
  11.02 A IV (a)              Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2,3 %   246,62
                              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 %  280,26
                              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 % 217,98
                              by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
                               by weight (')(8)
  1 1 .02 A V (c)              Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by  186,84
                               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    220,78
                               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--- 28 . 3 . 87                             Official Journal of the European Communities                                No L 85/33
                                                                                                                      (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        219,22
                              exceeding 2,3 % by weight, of tegument content not exceeding 0,5 % of a
                              moisture content not exceeding 11 % and of which the peroxydase is virtually
                              inactivated (2)
    11.02 B I a) 2 bb) (22)   Hulled (shelled or husked) oats, not included under No 1 1.02 B I a) 2 bb) (1 1 ) (2)    —
    11.02 B I b)l (aa)        Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not    220,78
                              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 Bib) 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      232,92
                              exceeding 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 ('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)
    11.02 B II a) (1 )        Hulled (shelled or husked) wheat, not sliced or kibbled (2)                              —
    11.02 B II c) ( 1 )       Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not       233,55
                              exceeding 0,9 % by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0,6 % by weight ('Gruetze' or 'Grutten") (2) (8)
    1 1.02 B lie) (2)         Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not       179,06
                              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        294,38
                              weight (without talc) — 1st category (3)
    11.02 CIII (b)            Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by        235,50
                              weight (without talc) — 2nd category (3)
    11.02 CIV                 Pearled oats (3)                                                                         —
    11.02 D I                 Wheat not otherwise worked than kibbled                                                127,00
    11.02 D II                Rye not otherwise worked than kibbled                                                  129,00
    11.02 E I b) 1 (aa)       Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by         220,78
                              weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                              weight
    11.02 E I b)l (bb)        Flaked barley not included under 1 1 .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         274,02
                              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        219,22
                              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 11.02 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        249,12
                              weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                              weight
 ---pagebreak--- No L 85/34                           Official Journal of the European Communities                                 28 . 3. 87
                                                                                                                 (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      202,41
                            weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                            weight
ex 1 1.02 E lie) (3)        Flaked maize, of a fat content, referred to dry matter, exceeding 1,3 % but not       —
                            exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not
                            exceeding 1 % by weight
    11.02 E II d)l          Flaked rice                                                                           —
    11.02 Fill              Barley pellets                                                                        —
    11.02 FIV             « Oat pellets                                                                           —
    11.02F V                Maize pellets                                                                         —
    11.02GI                 Wheat germ, whole, rolled, flaked or ground                                          36,11
    1 1.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                    38,92
    11.07 A I a)            Unroasted malt, obtained from wheat, in the form of flour                           257,09
    11.07 A II a)           Unroasted malt, other than that obtained from wheat, in the form of flour           262,00
    11.08 A I               Maize starch (*)                                                                    226,53
    11.08 A II              Rice starch (*)                                                                     309,70
    11.08 A III             Wheat starch (*)                                                                    273,75
    11.08 A IV              Potato starch (*)                                                                   226,53
    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   333,48
                            by weight (N x 6,25)
    1 7.02 B II a)          Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %   295,47
                            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    226,53
                            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     309,54
                            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     215,27
                            dry matter, other than in the form of powder
   21.07 F II               Flavoured or coloured glucose syrup, and malto-dextrine syrup                       226,53
   23.02 A I a)             Brans sharps and other residues derived from the sifting, milling or working of      35,79
                            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     35,79
                            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     35,79
                            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     35,79
                            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          112,56
                            steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                            by weight (N x 6,25)
 ---pagebreak---  28 . 3. 87                                       Official Journal of the European Communities                                              No L 85/35
(') 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 150 microns.
0 '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).
0 '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).
0 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).
0 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).