CELEX: 31975R3097
Language: en
Date: 1975-11-29 00:00:00
Title: Regulation (EEC) No 3097/75 of the Commission of 28 November 1975 fixing the export refunds on products processed from cereals and rice

No L 309/ 16                                Official Journal of the European Communities                             29 . 11 . 75
                               REGULATION ( EEC) No 3097/75 OF THE COMMISSION
                                                         of 28 November 1975
                     fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                         export system for products processed from cereals and
COMMUNITIES,                                                           from rice, defines the specific criteria to be taken into
                                                                       account when the refund on these products is being
Having regard to the Treaty establishing the European                  calculated ;
Economic Community ;
Having regard to Council Regulation (EEC) No
2727/75 ( J ) of 29 October 1975 on the common organ­                  Whereas, on the basis of the criteria laid down in
ization of the market in cereals, and in particular the                Regulation (EEC) No 2744/75, particular account
first sentence of the fourth subparagraph of Article 16                should be taken of the prices and quantities of basic
(2) thereof ;                                                          products used to calculate the variable component of
Having regard to Council Regulation No 359/                            the levy ; whereas, therefore, as is laid down for the
67/ EEC (2) of 25 July 1967 on the common organiza­                    determination of the variable component, account
tion of the market in rice, as last amended by Regula­                 should be taken of the average of the levies on the
tion (EEC) No 668 /75 (3), and in particular the first                 basic products concerned during a representative
sentence of the fourth subparagraph of Article 17 (2)                  period, namely the first 25 days of the month
thereof ;                                                              preceding the month of exportation ; whereas this
                                                                       average should be adjusted for the threshold price for
Having regard to the Opinion of the Monetary                           these basic products which will be in force during the
Committee ;                                                            month of exportation ; whereas Article 8 of Regula­
Whereas Article 16 of Regulation (EEC) No 2727/75                      tion (EEC) No 2744/75 and Article 1 of Regulation
and Article 17 of Regulation No 359/67/ EEC provide                    (EEC) No 1077/68 (8), amended by Regulation (EEC)
that the difference between quotations or prices on                    No 2764/71 (9), provide that the amount of the export
the world market for the products listed in Article 1                  refund should, for certain products, be reduced by an
of those Regulations and prices for those products                     amount equal to the production refund granted in
within the Community may be covered by an export                       respect of the basic product ;
refund ;
Whereas Article 2 of Council Regulation (EEC) No                       Whereas it follows from applying these rules and
2746/75 (4) of 29 October 1975, and Article 2 of                       criteria to the present situation on the market in
Council Regulation No 366/67/EEC (5) of 25 July                        products processed from cereals and rice that the
 1967 laying down general rules for granting export                    export refund should be fixed at an amount which
refunds on cereals and rice respectively and criteria for              will cover the difference between Community prices
fixing the amount of such refunds, as last amended by                  and world market prices ;
Regulation ( EEC) No 478/75 (6), provide that when
refunds are being fixed account must be taken of the
existing situation and the future trend with regard to
prices and availabilities of cereals, rice and broken rice             Whereas when the refund is being calculated account
on the Community market on the one hand and                            should be taken of the quantities of raw materials
 prices for cereals, rice and broken rice on the world                 used to determine the variable component of the
market on the other ; whereas the same Articles                        levy ; whereas the quantities of raw materials used for
 provide that it is also important to ensure equilibrium               certain processed products may vary according to the
and the natural development of prices and trade on                     end use of the product ; whereas, depending on the
the markets in cereals and rice and, furthermore, to                   manufacturing process used, products other than the
take into account the economic aspect of the                           main product are obtained, the quantity and value of
                                                                       which may vary with the nature and quality of the
 proposed exports, and the need to avoid disturbances
on the Community market ;                                              main products being manufactured ; whereas cumula­
                                                                       tion of the refunds on the various products manufac­
Whereas Article 6 of Council Regulation (EEC) No                       tured by a single process from the same basic product
 2744/75 (7) of 29 October 1975 on the import and                      may make it possible, in certain cases, to export to
                                                                       third countries at prices which are lower than world
(>)  OJ No   L 281 , 1 . 11 . 1975 , p. 1 .                            market prices ; whereas the refund on certain products
(2)  OJ No   174, 31 . 7 . 1967, p. 1 .                                should therefore be limited to an amount which ,
(3 ) OJ No   L 72, 20 . 3 . 1975, p. 18 .                              while allowing access to the world market, will ensure
(4 ) OJ No   L 281 , 1 . 11 . 1975, p. 78 .
(5)  OJ No   174, 31 . 7. 1967, p . 34.
(b)  OJ No   L 52, 28 . 2. 1975, p. 34.                                (8) OJ No L 181 , 27 . 7. 1968 , p . 1 .
(7)  OJ No   L 28 !, 1 . 11 . 1975, p . 65 .                           (») OJ No L 283 , 24. 12. 1971 , p. 30 .
 ---pagebreak--- 29 . 11 . 75                          Official Journal of the European Communities                          No L 309/ 17
that the aims of the common organization of the                       within a band of 2-25 % , a rate of exchange based
markets are respected ;                                               on their effective parity ;
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                   arithmetic mean of the spot market rates of each
of the ash, crude fibre, tegument, protein, fat and                   of these currencies recorded for a given period, in
starch content of the individual product concerned,                   relation to the Community currencies referred to
this content being a particularly good indicator of the               in the previous subparagraph ;
quantity of basic product actually incorporated in the
                                                                Whereas the refund must be fixed once a month ;
processed product ;
                                                                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           Whereas the measures provided for in this Regulation
flours obtained therefrom, given the economic aspect            are in accordance with the Opinion of the Manage­
of potential exports and in particular the nature and            ment Committee for Cereals,
origin of these products ; whereas, for certain products
processed from cereals, the insignificance of Commu­
nity participation in world trade makes it unnecessary           HAS ADOPTED THIS REGULATION :
to fix an export refund at the present time ;
Whereas the world market situation or the specific                                       Article 1
requirements of certain markets may make it neces­
sary to vary the refund for certain products according          The export refunds on the products listed in Article 1
to destination ;                                                (d) of Regulation (EEC) No 2727/75 and in Article 1
                                                                ( 1 ) (c) of Regulation No 359/67/EEC and subject to
Whereas Regulation (EEC) No 2806/71 (*) lays down                Regulation (EEC) No 2744/75 are hereby fixed as
additional rules for granting export refunds for certain         shown in the Annex to this Regulation .
products processed from cereals and rice ;
Whereas, if the refund system is to operate normally,                                    Article 2
refunds should be calculated on the following basis :
— in the case of currencies which are maintained in             This Regulation shall enter into force on 1 December
     relation to each other, at any g;ven moment,                1975 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 November 1975 .
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
(') OJ No L 284, 28 . 12 . 1971 , p. 9 .
 ---pagebreak--- No L 309/ 18                              Official Journal of the European Communities                                29 . 11 . 75
                                                               ANNEX
         Number                                                                                                          Refund in
     in nomenclature                                    Nomenclature in simplified wording                           u. a./metric ton
    used for refunds                                                                                                [third countries)
11.01 C (I)                 Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by                17-10
                            weight and of a crude fibre content, referred to dry matter, not exceeding
                            0-9 %> weight
11.01 C (II)                Barley flour not included under No 11.01 C (I)                                                    0
11.01 D (I)                 Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 % by                   20-52
                            weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 °/o by
                            weight, of a moisture content not exceeding 11 % and of which the peroxydase
                            is virtually inactivated
11.01 D (II)                Oat flour not included under No 11.01 D (I)                                                       0
11.01 E (I)                 Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 % by                  36-76
                            weight and of a crude fibre content, referred to dry matter, not exceeding -
                            0-8 °/o by weight
 11.01 E (II)               Maize flour, of a fat content, referred to dry matter, exceeding 1-3 % but not                 31-51
                             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)                                         22-85
 11.01 F                     Rice flour                                                                                        0
 11.01 H                     Millet flour                                                                                      0
 11.02 A III ( a)            Barley groats and meal, of an ash content, referred to dry matter, not exceeding               17-67
                             1 % by weight and of a crude fibre content, referred to dry matter, not
                             exceeding 0-9 °/o 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                  20-52
                             2-3 % by weight, of a tegument content not exceeding 0-1 %, of a moisture
                             content not exceeding 11 °/o 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                47-27
                              0-9 °/o by weight and a crude fibre content, referred to dry matter, not exceeding
                             0-6 °/o by weight (*)
  11.02 A V (b)               Maize groats and meal, of a fat content, referred to dry matter, not exceeding                36-76
                              1-3 °/o by weight and of a crude fibre content, referred to dry matter, not
                              exceeding 0.8 °/o by weight (')
  11.02 A V (c)               Maize groats and meal, of a fat content, referred to dry matter, exceeding                    31-51
                              1-3 °/o by weight but not exceeding 1-7% by weight and of a crude fibre content,
                              referred to dry matter, not exceeding 1-0 % weight (l)
  11.02 A VI                  Rice groats and meal                                                                              0
  11.02 B I a) 1 ( aa )       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not              17-10
                              exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                              not exceeding 0-9 °/o 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
   11.02 B I a) 2 (aa)         Clipped oats                                                                                    —
  11.02 B I a) 2 bb) ( 11 i    Hulled (shelled or husked] oats, of an ash content, referred to dry matter, not               18-24
                               exceeding 2-3 °/o by weight, of a tegument content not exceeding 0.5 % of a
                               moisture content not exceeding 11 °/o and of which the peroxydase is virtually
                               inactivated (*)
   11.02B I a) 2 bb) (22 )     Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (*)              0
 ---pagebreak---  29 . 11 . 75                          Official Journal of the European Communities                         No L 309/ 19
         Number                                                                                                  Refund in
     in nomenclature                                 Nomenclature in simplified wording                      u. a. /metric ton
     used for refunds                                                                                       (third countries)
 11.02 Bib) 1 (aa)      Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not         17-10
                        exceeding 1 %> by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 0-9 %> by weight ('Grütze' or 'Grutten') (*)
 11.02 Bib) 1 (bb)                                                                                                    0
                        Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)
                        (' Grütze' or 'Grutten') (2)
                                                                                                                    19-38
 11.02 Bib) 2 (aa)      Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not
                       exceeding 2-3 °/o weight, of a tegument content not exceeding 0-1 %, of a moisture
                        content not exceeding 11 % and of which the peroxydase is virtually inactivated
                        ('Grütze' or 'Grutten') (2)
 11.02 Bib) 2 (bb)      Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)                   0
                        ('Grütze' or 'Grutten') (*)
11.02 B II a) ( 1 )    Hulled (shelled or husked) wheat, not sliced or kibbled (*)                                  24-96
11.02 C III (a)         Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by             22-80
                       weight (without talc) — 1st category (3)
11.02 C III (b )       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by            18-24
                       weight (without talc) — 2nd category (s)
11.02 CIV              Pearled oats (3)                                                                               0
11.02 D II             Rye not otherwise worked than kibbled                                                          —
11.02 E lb) 1 (aa)     Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by                 17-10
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0.9 % by weight
11.02 E lb ) 1 ( bb )  Flaked barley not included under 11.02 E I b) 1 (aa)                                          —
11.02 E I b) 2 (aa)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by               22-80
                       weight, of a tegument content not exceeding 0-1 %>, of a moisture content not
                       exceeding 12 °/o and of which the peroxydase is virtually inactivated
11 .02 E I b) 2 (bb)   Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 */o by             18-24
                       weight, of a tegument content exceeding 0-1 %> but not exceeding 1-5 %>, of a
                       moisture content not exceeding 12 % and of which the peroxydase is virtually
                       inactivated
11.02 E I b) 2 (cc)    Flaked oats not included under Nos 11.02 E I b) 2 (aa) and 11.02 E I b) 2 (bb)
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by              42-02
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 %> by weight
ex 11.02 E lie) (2)    Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 °/o by            34-14
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-8 o/o by weight
ex 11.02 E II c) (3 )  Flaked maize, of a fat content, referred to dry matter, exceeding 1-3 % but not               —
                       exceeding 1-7 °/o by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 % weight
11.02 E II e) 1        Flaked rice                                                                                   —
11.02 Fill             Barley pellets                                                                                —
11.02 F IV             Oat pellets                                                                                   —
11.02 FV               Maize pellets                                                                                 —
11.02 G I              Wheat germ, whole, rolled, flaked or ground                                                   6-12
11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                             6-57
11.07 A I a)           Unroasted malt, obtained from wheat, in the form of flour                                     —
 ---pagebreak--- No L 309/20                               Official Journal of the European Communities                                            29 . 11 . 75
          Number                                                                                                                     Refund in
      in nomenclature                                        Nomenclature in simplified wording                                  u. a. /metric ton
      used for refunds                                                                                                          (third countries)
11.07 A I b)                  Unroastcd malt, obtained from wheat, other than in the form of flour
11.07 A It a)                 Unroasted malt, other than that obtained from wheat, in the form of flour                                  —
11.07 A II b)                 Unroasted malt, other than that obtained from wheat, other than in the form                                —
                              of flour
11.07 B                       Roasted malt                                                                                               —
11.08 A I                     Maize starch                                                                                              31-46
11.08 A III                   Wheat starch                                                                                              24-71
11.08 A IV                    Potato starch                                                                                             31-46
11.08 A V                     Starches other than maize, rice, wheat, or potato starch                                                  31-46
11.09 A                       Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                           44-92
                              82 %> by weight (N X 6-25)
17.02 B II a)                 Glucose other than glucose containing, in the dry state, 99 °/o or more by weight                         41-03
                              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                             31-46
                              weight of the pure product, other than glucose in the form of white crystalline
                              powder, whether or not agglomerated (*)
17.05 B I                     Flavoured or coloured glucose, in the form of white crystalline powder, whether                           41-03
                              or not agglomerated
17.05 B II                    Flavoured or coloured glucose and glucose syrup, other than in the form of                                31-46
                              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                           4-97
                              maize or rice of a starch content not exceeding 35 °/o by weight
23.02 A I b) 1                Brans, sharps and other residues derived from the sifting, milling or working of                           4-97
                               maize or rice, of a starch content exceeding 35 °/o but not exceeding 45 % by
                              weight, and having undergone a denaturing process
23.02 A I b) 2                Brans, sharps and other residues derived from the sifting, milling or working of                           4-9 "
                              maize or rice, of a starch content exceeding 35 % by weight, and not having
                              undergone a denaturing process, or of a starA 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                              4-97
                              of maize or rice, of a starch content not exceeding 28 % by weight and of
                              which the percentage which passes through a sieve with an aperture of 0-2 mm
                              does not exceed 10 % by weight or of which the sifted product has an ash
                              content, calculated on dry matter, not exceeding 1-5 %> by weight
 23.02 A II b)                Brans, sharps and other residues derived from the sifting, milling or working of                           4-97
                              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                                39-08
                              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.
(*) 'Hulled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. 1961.
     p. 46).
(') 'Pearled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. IMS,
     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 .