CELEX: 31974R1152
Language: en
Date: 1974-05-09
Title: Regulation (EEC) No 1152/74 of the Commission of 8 May 1974 fixing the export levies on cereals

No L 127/ 12                           Official Journal of the European Communities                              9 . 5 . 74
                            REGULATION (EEC) No 1152/74 OF THE COMMISSION
                                                        of 8 May 1974
                                              fixing the export levies on cereals
THE COMMISSION OF THE EUROPEAN                                     Whereas, in view of the relationship between the basic
 COMMUNITIES,                                                      product and the products processed from it and given
                                                                   the market situation for certain processed products, an
                                                                   export levy for these products must also be fixed ;
 Having regard to the Treaty establishing the European
 Economic Community ;
                                                                  Whereas the threshold prices for the 1973/74
 Having regard to Council Regulation No 1 20/                      marketing year were fixed by Council Regulation
 67/ EEC (') of 13 June 1967 on the common organiza­              (EEC) No 1964/73 (5) of 17 July 1973 ;
 tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1346/73 (2) ;
                                                                  Whereas Article 3 of Regulation (EEC) No 1968/73
 Having regard to Council Regulation (EEC) No                     specifies that when the export levy is being fixed
 1968/73 (3) of 19 July 1973 laying down general rules            account must be taken of the existing situation and
to be applied in the event of the cereals market being            the future trend with regard to prices and availabilities
disturbed, as amended by Regulation (EEC) No                      of cereals on the Community market on the one hand
2632/73 (4) and in particular Article 4 (2) thereof ;             and prices for cereals and cereal products on the word
                                                                   market on the other ; whereas the same article
                                                                  provides that it is also important to ensure equili­
 Having regard to the Opinion of the Monetary                     brium and the natural development of prices and
 Committee ;                                                      trade on cereal markets and furthermore, to take into
                                                                  account the economic aspect of the proposed exports
                                                                  and the need to avoid disturbances on the Commu­
Whereas Article 19 of Regulation No 120/67/ EEC
provides that the necessary measure may be taken if               nity market ;
 the cif price of one or more products is appreciably
higher than the threshold price and if that situation is
likely to continue thereby disturbing or threatening to           Whereas for the products, other than starches, listed
disturb the Community market ;                                    in Article 1 (c) and (d) of Regulation No 120/67/ EEC
                                                                  the specific factors set out in Article 3 (2) of Regula­
                                                                  tion (EEC) No 1968 /73 must also be taken into
Whereas Regulation (EEC) No 1968/73 specifies that                account ;
the cif price may be regarded as appreciably higher
than the threshold price when it exceeds it by at least
2 % ; whereas this excess may be regarded as being                Whereas the export levy may be varied if the world
likely to continue where an imbalance between supply              market situation or the specific requirements of
and demand is established and where this imbalance
                                                                  certain markets make this necessary ;
is likely to persist having regard to foreseeable produc­
tion and market price trends ;
                                                                  Whereas, if the levy system is to operate normally, the
Whereas the high level of prices in international trade           following should be used to calculate the levies :
could impede importation of common wheat maize,
rye, barley, sorghum and wheat groats and meal into               — for currencies the exchange rates for which are
the Community or provoke exportation from the                          kept at any given moment within a band of
Community ;                                                            2-25 % , at a conversion rate based on their actual
                                                                       parity ;
Whereas the situation described above -can be said to
exist at the present time ; whereas to ensure supplies            — for other currencies a conversion rate based on the
in the Community an export levy should be intro­                       arithmetic mean of the spot market rates for each
duced for these products ;                                             of these currencies against the Community curren­
                                                                       cies referred to in the preceding paragraph over a
( i ) OJ No 117, 19 . 6. 1967, p . 2269/67.
(2) OJ No L 141 , 28 . 5 . 1973, p. 8 .                                specified period ;
(3) OJ No L 201 , 21 . 7. 1973 , p. 10 .
b) OJ No L 272, 29. 9. 1973, p. 18.                               (5) OJ No L 201 , 21 . 7. 1973 , p. 3 .
 ---pagebreak--- 9 . 5 . 74                       Official Journal of the European Communities                        No L 127/ 13
Whereas it follows from applying the rules outlined         HAS ADOPTED THIS REGULATION :
above to the present situation on the market in
cereals, and in particular to quotations or prices for                            Article 1
these products within the Community and on the              The export levies referred to in the first indent of
world market, that the export levies, should be fixed       Article 2(1 ) of Regulation (EEC) No 1968/73 are
as shown in the Annex to this Regulation ;                  hereby fixed at the amounts shown in the Annex.
Whereas the measures provided for in this Regulation                              Article 2
are in accordance with the Opinion of the Manage­
ment Committee for Cereals,                                 This Regulation shall enter into force on 9 May 1974.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels, 8 May 1974.
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                 Member of the Commission
 ---pagebreak--- 'No L 127/ 14                          Official Journal of the European Communities                               9 . 5 . 74
                                                              ANNEX
                to the Commission Regulation of 8 May 1974 fixing the export levy in the cereal sector
  CCT heading                                                 _    . .                                           ,   „. _
                                                              Description                                   u .«./metric toa
ex 10.01 A             Common wheat and meslin, excluding officially certified seeds (*)
ex 10.02               Rye, excluding officially certified seeds (*)
ex 10.03               Barley, excluding officially certified seeds (*)
ex 10.04               Oats, excluding officially certified seeds (*)
   10.05 B             Maize other than hybrid maize for sowing
   10.07 C             Grain sorghum
ex 11.01 A             Wheat flour
   11.02 A I a)        Durum wheat groats and meal
   11.02 A lb)         Common wheat groats and meal
   11.01               Flour of cereals :
                       C. Barley flour
                       D. Oat flour
                       E. Maize flour :
                            I. Of a fat content not exceeding 1-5 #/o by weight
                           II. Other
                       H. Millet flour
                       K. Grain sorghum flour
   11.02               Cereal groats and cereal meal ; other worked cereal grains (for example, rolled,
                       flaked, polished, pearled or kibbled, but not further prepared), except husked,
                       glazed, polished or broken rice ; germ of cereals, whole, rolled, flaked or ground :
                       A. Cereal groats and cereal meal :
                              II. Rye
                             III. Barley :
                                  a) Of an ash content not exceeding 1 % by weight
                                  b) Barley groats and meal not included under No 11.02 A III a)
                             IV. Oats :
                                  a) Of an ash content not exceeding 2-3 % by weight
                                  b) Oat groats and meal not included under No 11.02 A IV a)
 ---pagebreak--- 9. 5 . 74                           Official Journal of the European Communities           No L 127/15
  CCT heading                                           _    . .                                .
       No                                               Description                        u.a./metric ton
11.02                V. Maize :
(cont'd)
                           a) Of a fat content not exceeding 1.5 % by weight :
                                1 . For the brewing industry
                                2. Other
                           b) Other
                 VIII. Millet
                    IX. Grain sorghum
              B. Hulled grains (shelled or husked), whether or not sliced or kibbled :
                  I. Barley, oats, buckwheat and millet :
                        a) hulled (shelled or husked) :
                            1. Barley (*)
                           2 . Oats :
                                 aa) Clipped oats
                                 bb) Other («) :
                                      (11) Of an ash content not exceeding 2-3 % by weight
                                      (22) Other
                            4. Millet
                        b) Hulled and sliced or kibbled ('Grütze or grutten') :
                            1 . Barley (l)
                           2. Oats (*) :
                                 aa) Of an ash content not exceeding 2-3 °/o by weight
                                 bb) Other
                           4. Millet (*)
                 II. Other cereals :
                        a) Wheat (»)
                       b) Rye (■)
                        c) Maize (2)
                       d) Grain sorghum (*)
              C. Pearled grains :
                      I. Wheat («)
                     II. Rye («)
                    III. Barley :
                          a) Of an ash content (without talc) not exceeding 1 % by weight
                               1st category (8)
                          b) Other (8)
                   IV. Oats <»)
                    V. Maize (•)
                  VII. Millet (•)
                 VIII. Grain sorghim (•)
 ---pagebreak--- No L 127/16                       Official Journal of the European Communities      9. 5 . 74
  CCT heading                                         ^                                 .
      No                                              Description              u.a./metric toa
11.02         D. Grains not otherwise worked than kibbled :
(cont'd)               I. Wheat
                      II. Rye
                     III. Barley
                     IV. Oats
                      V. Maize
                    VII. Millet
                  VIII. Grain sorghum
              E. Rolled grains ; flaked grains :
                   I. Barley, oats, buckwheat and millet :
                        a) Rolled :
                           1 . Barley
                           2 . Oats
                           4. Millet
                        b) Flaked :
                           1 . Barley
                           2. Oats
                           4. Millet
                  II. Other cereals :
                        a) Wheat
                       b) Rye
                        c) Maize
                       d) Grain sorghum
              F. Pellets :
                      I. Wheat
                     II. Rye
                    III. Barley
                    IV. Oats
                     V. Maize
                    VI . Rice                                                     120-00
                 VIII. Millet
                    IX. Grain sorghum
              G. Germ of cereals, whole, rolled, flaked or ground
                  I. Wheat
                 II. Other
 ---pagebreak--- 9. 5. 74                       Official Journal of the European Communities                      No L 127/17
  CCT heading
      NP                                             Description                                 u . a./metric to·
11.07         Malt, roasted or not :
              A. Unroasted :
                   I. Obtained from wheat :
                      a) In the form of flour                                                            —
                      b) Other                                                                           —
                  II. Other :
                      a) In the form of flour                                                            —
                      b) Other                                                                           —
              B. Roasted                                                                                 —
23.02         Bran, sharps and other residues derived from the sifting, milling or working of
              cereals or of leguminous vegetables :
              A. Of cereals :
                   I. Of maize or rice :
                      a) With a starch content not exceeding 35 % ¡by weight                             —
                      b) Other :
                          1 . With a starch content exceeding 35 °/o but mot exceeding 45 ·/· by
                              weight, and having undergone a denaturing process                          —
                          2. Other                                                                       —
                 Π. Of other cereals :
                      a) Of which the starch content does not exceed 28 */o by weight, and of
                          which the percentage which passes through a sieve wich an aperture of
                         0-2 mm does not exceed 10 % by weight or of which the sieved pro­
                         duct has an ash content, calculated on the dry product, of 1-5 °/o or
                         more by weight
                      b) Other                                                                          —
23.07         Sweetened forage, other preparations of a kind used in animal feeding :
              B. Other, containing starch, glucose or glucose syruip falling wiithin subheading
                 Nos 17.02 B and 17.05 B, or imilk products, mixed with other products too :
                 ex I. Preparations of a kind used in animal feeding, covered by Regulation
                         (EEC) No 968/68, of a milk powder content of less than 50 % by weight
                         and of cereal products (4) content by weight :
                         — Exceeding 5 % but not exceeding 15 %>                                        —
                        — Exceeding 15 °/o but not exceeding 30 °/o                                     —
                        — Exceeding 30% but not exceeding 50 °/o                                        —
                        — Exceeding 50 e/o but not exceeding 65 °/·                                     —
                        — Exceeding 65 e/o                                                              —
 ---pagebreak--- No L 127/ 18                                      Official Journal of the European Communities                                            9. 5 . 74
 (') Officially certified seeds are understood to be those seeds contained in the packages officially sealed and officially labelled as 'basic seed',
      'certified seed, first generation', 'certified seed, second generation * conforming to the provisions of the Council Directive of 14 June 1966
      on the marketing of cereal seed (OJ No 125, 11 . 7. 1966, p. 2309/66) and of the Council Decision of 26 March 1973 on the equivalence of
      seed produced in Denmark, Ireland and the United Kingdom (OJ No L 106, 20. 4. 1973, p. 12).
 (•) 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 arc grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. 1968, p. 46).
(*) 'Cereals products' means the products falling within Chapter 10 and heading Nos 11.01 and 11.02 (excluding subheading No 11.02 G) of
     the Common Customs Tariff.