CELEX: 31984R3071
Language: en
Date: 1984-11-01 00:00:00
Title: Commission Regulation (EEC) No 3071/84 of 31 October 1984 fixing the export refunds on products processed from cereals and rice

No L 288/74                               Official Journal of the European Communities                                1 . 11 . 84
                                      COMMISSION REGULATION (EEC) No 3071/84
                                                       of 31 October 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 Q, as last amended by Regulation (EEC) No
Economic Community,                                                  1027/84 (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 1018/84 (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                         the levy ; whereas Article 8 of Regulation (EEC) No
1418/76 of 21 June 1976 on the common organization
of the market in rice (3), as last amended by Regulation            2744/75 and Article 1 of Regulation (EEC) No
                                                                     1077/68 f), as amended by Regulation (EEC) No
(EEC) No 1 025/84 (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 0, 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 the levy ;
refunds on cereals and rice respectively and criteria for            whereas the quantities of raw materials used for certain
                                                                     processed products may vary according to the end use
fixing the amount of such refunds, provide that when                 of the product ; whereas, depending on the manufac­
refunds are being fixed account must be taken of the
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
prices for cereals, rice, broken rice and cereal products            products being manufactured ; whereas cumulation of
on the world market on the other ; whereas the same                  the refunds on the various products manufactured by a
Articles provide that it is also important to ensure                 single process from the same basic product may make
                                                                     it possible, in certain cases, to export to third countries
equilibrium and the natural development of prices and                at prices which are lower than world market prices ;
trade on the markets in cereals and rice and, further­
                                                                     whereas the refund on certain products should there­
more, to take into account the economic aspect of the                 fore be limited to an amount which, while allowing
 proposed exports, and the need to avoid disturbances                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.
(J) OJ  No  L  107,    19 . 4.  1984, p. 1.
0   OJ  No  L  166,   25 . 6.   1976, p. 1.                          0 OJ    No L 281 , 1 . 11 . 1975, p. 65 .
(4) OJ  No  L  107,    19 . 4.  1984, p. 13 .                        (") OJ  No L 107, 19 . 4. 1984, p. 15.
0   OJ  No  L  281 ,   1 . 11 . 1975, p. 78 .                        O OJ    No L 181 , 27 . 7. 1968, p. 1 .
(0) OJ  No  L  166,   25 . 6.   1976, p. 36.                         ("') OJ No L 283, 24. 12. 1971 , p. 30 .
 ---pagebreak---  1 . 11 . 84                         Official Journal of the European Communities                          No L 288 /75
Whereas the refund to be granted in respect of certain                No 974/71 (2), as last amended by Regulation (EEC)
 processed products should be graduated on the basis of               No 855/84 0,
 the ash, crude fibre, tegument, protein, fat and starch       — for other currencies, an exchange rate based on the
 content of the individual product concerned, this                    arithmetic mean of the spot market rates of each of
 content being a particularly good indicator of the                   these currencies recorded for a given period in
 quantity of basic product actually incorporated in the               relation to the Community currencies referred to
 processed product ;                                                  in the previous indent, and the aforesaid coeffi­
 Whereas there is no need at present to fix an export                 cient ;
 refund for manioc, other tropical roots and tubers or
                                                               Whereas the refund must be fixed once a month ;
 flours obtained therefrom, given the economic aspect
 of potential exports and in particular the nature and         whereas it may be altered in the intervening period ;
 origin of these products ; whereas, for certain products      Whereas the measures provided for in this Regulation
 processed from cereals, the insignificance of Commu­          are in accordance with the Management Committee
 nity participation in world trade makes it unnecessary        for Cereals,
 to fix an export refund at the present time ;
Whereas the world market situation or the specific
 requirements of certain markets may make it necessary         HAS ADOPTED THIS REGULATION :
 to vary the refund for certain products according to
 destination ;
                                                                                          Article 1
Whereas Regulation (EEC) No 2806/71 (') lays down
 additional rules for granting export refunds for certain      The export refunds on the products listed in Article 1
 products processed from cereals and rice                      (d) of Regulation (EEC) No 2727/75 and in Article 1
                                                               ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
Whereas, if the refund system is to operate normally,          Regulation (EEC) No 2744/75 are hereby fixed as
 refunds should be calculated on the following basis :         shown in the Annex to this Regulation.
— in the case of currencies which are maintained in
      relation to each other at any given moment within                                   Article 2
     a band of 2,25 % , a rate of exchange based on
     their central rate, multiplied by the coefficient         This Regulation shall enter into force on 1 November
     provided for in Article 2b (2) of Regulation (EEC)         1984.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 31 October 1984.
                                                                            For the Commission
                                                                              Poul DALSAGER
                                                                       Member of the Commission
                                                               (2) OJ No L 106, 12. 5. 1571, p. L
(') OJ No L 284, 28. 12. 1971 , p. 9.                          O OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 288/76                         Official Journal of the European Communities                                   1 . 11 . 84
                                                             ANNEX
                to the Commission Regulation of 31 October 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          50,66
                           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 1 1 .0 1 C (I)                                          —
  11.01 D (I)              Oat flour, of an ash content, referred to dry matter, not exceeding 2,3 % by weight,      42,62
                           of a crude fibre content, referred to dry matter, not exceeding 1 ,8 % by weight, of a
                           moisture content not exceeding 1 1 % 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      77,13
                           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)                                     —      it
  11.01 F                  Rice flour                                                                                38,23
  11.02 A III (a)          Barley groats and meal, of an ash content, referred to dry matter, not exceeding          52,34
                           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 %       42,62
                           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
  11.02 A IV (b)           Oat groats and meal not included under No 1 1 .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 %      99,16
                           by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                           weight (')O
  11.02 A V (b)            Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1 ,3 %     77,13
                           by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
                           by weight 00
  11.02 A V (c) '          Maize groats and meal, of a fat content, referred to dry matter, exceeding 1,3 % by       66,11
                           weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to
                           dry matter, not exceeding 1 % by weight O ^7)
  11.02 A VI               Rice groats and meal                                                                      38,23
  11.02 B I a) 1 (aa)      Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not         50,66
                           exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                           exceeding 0,9 % by weight (*)
  J 1 .02 B r 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 1 a) 2 (aa)   Clipped oats
 ---pagebreak--- 1 . 11 . 84                             Official Journal of the European Communities                                 No L 288 /77
                                                                                                                        (ECU/tonne)
           Number
      in nomenclature                                      Nomenclature in simplified wording                            Refund
      used for refunds
    1 1.02 B 1 a) 2 bb) (1 1 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not            37,89
                               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)       —
    11.02 Bib) 1 (aa)          Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not        50,66
                               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 I b) 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          40,26
                               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 ('Grütze' 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)               —
                               fGrütze' 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           82,64
                               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)
    11.02 C III (a)            Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by            67,54
                               weight (without talc) — 1st category (■')
    1 1.02 C 111(b)            Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by            54,03
                               weight (without talc) -<— 2nd category (')
    11.02 CIV                  Pearled oats (')                                                                            —
    1 1 .02 D I                Wheat not otherwise worked than kibbled                                                     5,00
    1 1.02 D II                Rye not otherwise worked than kibbled                                                      25,00
    11.02 E I b) 1 (aa)        Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by             50,66
                               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             47,36
                               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             37,89
                               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 (ai) and 1 1 .02 E I b) 2 (bb)          —   •
ex 1 1.02 E II c)( l )         Flaked maize, of a fat content, referred to dry matter, not exceeding 0,9 % by             88,14
                               weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                               weight
 ---pagebreak--- No L 288/78                     Official Journal of the European Communities                                 1 . 11 . 84
                                                                                                            (ECU/tonne)
           Number
      in nomenclature                             Nomenclature in simplified wording                         Refund
      used for refunds
ex 11.02 E lie) (2)    Flaked maize, of a fat content, referred to dry matter, not exceeding 1,3 % by          71,62
                       weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                       weight
ex 1 1 .02 E II c) (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) 1    Flaked rice                                                                              —
    11.02 Fill         Barley pellets                                                                           —
    1 1.02 F IV        Oat pellets                                                                              —
    1 1.02 F V         Maize pellets                                                                            —
    11.02G I           Wheat germ, whole, rolled, flaked or ground                                              4,26
    1 1.02 G II        Germ of cereals other than wheat, whole, rolled, flaked or ground                       13,77
    1 1 .07 A I a)     Unroasted malt, obtained from wheat, in the form of flour                               30,35
    11.07 A II a)      Unroasted malt, other than that obtained from wheat, in the form of flour               60,11
    11.08 A I          Maize starch (■*)                                                                       57,44
    11.08 All          Rice starch (*)                                                                         18,48
    11.08 A III        Wheat starch 0                                                                           0,00
    11.08 A IV         Potato starch (6)                                                                       57,44
    11.08 A V          Starches other than maize, rice, wheat, or potato starch 0                               —
    11.09 A            Dried wheat gluten, of a protein content, referred to dry matter, of 82 % or more        0,00
                       by weight (N x 6,25)
    17.02 B II a)      Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %       74,93
                       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        57,44
                       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         78,50
                       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         54,59
                       dry matter, other than in the form of powder
    21.07 F II         Flavoured or coloured glucose syrup, and malto-dextrine syrup                           57,44
    23.02 A I a)       Brans sharps and other residues derived from the sifting, milling or working of           8,47
                       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          8,47
                       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          8,47
                       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          8,47
                       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              28,54
                       steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                       by weight (N x 6,25)
 ---pagebreak--- 1 . 11 . 84                             Official Journal of the European Communities                              No L 288 /79
(') 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.
(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.
0 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.
f) 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 1 (Method A) to Commission Directive
        84/4/ EEC (OJ No L 15, 18 . 1 . 1984, p. 28).