CELEX: 31974R0261
Language: en
Date: 1974-02-01 00:00:00
Title: Regulation (EEC) No 261/74 of the Commission of 29 January 1974 fixing the import levies on products processed from cereals and rice

1 . 2 . 74                                 Official Journal of the European Communities                                   No L 28 /23
                                REGULATION (EEC) No 261 /74 OF THE COMMISSION
                                                          of 29 January 1974
                        fixing the import levies on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                         rice and for the advance fixing of the levy for some of
 COMMUNITIES,                                                          these products, as last amended by Regulation (EEC)
                                                                       No 1047/73 (9), provides that the levy thus deter­
 Having regard to the Treaty establishing the European                 mined, increased by the fixed component, is valid in
 Economic Community ;                                                 general for one month but is altered where the levy
 Having regard to Council Regulation No 120/                          applicable to the basic product concerned differs by
 67/EEC (') of 13 June 1967 on the common organiza­                    not less than 0-25 unit of account per 100 kilo­
tion of the market in cereals, as last amended by Regu­               grammes from the average of the levies calculated as
                                                                      described above ;
lation (EEC) No 1 346/73 (2), and in particular Article
 14 (4) thereof ;
                                                                      Whereas in accordance with Article 5 of Regulation
 Having regard to Council Regulation No 359/                          (EEC) No 1052/68 and Article 2 of Regulation (EEC)
 67/ EEC (3) of 25 July 1967 on the common organiza­                   No 1080/68 , the levy on certain processed products
tion of the market in rice as last amended by the                      must be reduced by an amount equal to the produc­
Act (4) annexed to the Treaty (5) on the Accession of                 tion refund granted in respect of basic products for
new Member States to the European Economic                             processing ;
Community and the European Atomic Energy
Community, signed at Brussels on 22 January 1972,
and in particular Article 12 (4) thereof ;                            Whereas the fixed component of the levy is specified
                                                                       in Regulation (EEC) No 1052/68 ;
Having regard to the Opinion of the Monetary
Committee ;                                                           Whereas, in order that account may be taken of the
                                                                       interests   of     the    Associated        African  States and
Whereas the rules to be applied to calculating the vari­
able component of the import levy on products                         Madagascar and of the Overseas Countries and Terri­
processed from cereals and rice are laid down in                       tories, and of the United Republic of Tanzania, the
Article 14 ( 1 ) (A) of Regulation No 120/67/ EEC and                  Republic of Uganda and the Republic of Kenya, the
Article 12 ( 1 ) (a) of Regulation No 359/ 67/EEC ;                    levy relating to them in respect of certain products
whereas Article 2 of Council Regulation (EEC) No                       processed from cereals must be reduced by the
 1052/68 (6) of 23 July 1968 on the import and export                 amount of the fixed component and, in respect of
system for products processed from cereals and rice, as               some of these products, by part of the variable compo­
                                                                       nent ; whereas this reduction must be made in accor­
last amended by Regulation ( EEC) No 881 /73 (7),
provides that the incidence on the prime costs of                     dance with Article 1 of Council Regulation (EEC) No
these products of the levies applicable to their basic                 522/70 ( 10) of 17 March 1970 on the treatment to be
products should be calculated on the basis of the                     accorded to products processed from cereals and rice
average of the levies applicable to these basic products              originating in the Associated African States and
for the first twenty-five days of the month preceding                 Madagascar or in the Overseas Countries and Territo­
that of importation ; whereas this average, adjusted on               ries, and Article 1 of Council Regulation (EEC) No
the basis of the threshold price valid for the basic                  653/71 ( n ) of 30 March 1971 on the treatment to be
products in question during the month of importa­                     accorded to products processed from cereals and rice
tion, is calculated on the basis of the quantities of                 originating in the United Republic of Tanzania, the
basic products considered to have been used in the                    Republic of Uganda or the Republic of Kenya, as
manufacture of the processed product or the                           amended by Regulation (EEC) No 1036/72 ( 12) ;
competing product which serves as a reference for
processed products not containing cereals ;                           Whereas Article 4 (2) of Regulation (EEC) No 1052/68
                                                                      provides that the levy to be charged on the products
Whereas        Commission           Regulation       ( EEC)   No      listed in the Annex to that Regulation under heading
 1080/68 (8) of 26 July 1968 on the procedure for calcu­               No 07.06 A is limited, with effect from the date of
lating the levy on products processed from cereals and                entry into force of the Geneva Protocol ( 1967)
                                                                      annexed to the General Agreement on Tariffs and
(')  OJ   No 117, 19 . 6 . 1967, p . 2269/67 .                        Trade , to the amount resulting from application of the
(2)  OJ   No L 141 , 28 . 5 . 1973 , p. 8 .
(3)  OJ   No 174, 31 . 7. 1967, p . 1 .                               rate of duty bound within GATT ;
(4)  OJ   No L 73, 27 . 3 . 1972, p. 14.
(5 ) OJ   No L 73 , 27 . 3 . 1972, p. 5 .                             O OJ      No L  104, 19 . 4 . 1973 , p. 30 .
(0)  OJ   No L 179 , 25 . 7 . 1968 , p. 8 .                           ( IO ) OJ No I. 65 , 21 . 3 . 1970 , p. 10 .
( 7) OJ   No L 86, 31 . 3 . 1973 , p. 30 .                            (") OJ    No L  76 , 31 . 3 . 1971 , p. 2 .
(8)  OJ   No L 181 , 27. 7 . 1968 , p. 6 .                              12 OJ   No L  118 , 20 . 5 . 1972 , p. 18 .
 ---pagebreak--- No L 28 /24                       Official Journal of the European Communities                            1 . 2. 74
Whereas, if the levy system is to operate normally,          HAS ADOPTED THIS REGULATION :
levies should be calculated on the following basis :
— in the case of currencies which are maintained in
                                                                                     Article 1
    relation to each other, at any given moment,
    within a band of 2-25 % , a rate of exchange based
    on their effective parity ;                              The import levies to be charged on the products listed
                                                             in Article 1 (d) of Regulation No 120/67/EEC and in
— for other currencies an exchange rate based on the         Article 1 ( 1 ) (c) of Regulation No 359/67/EEC and
    arithmetic mean of the spot market rates of each         subject to Regulation (EEC) No 1052/68 are hereby
    of these currencies recorded for a given period, in      fixed as shown in the Annex to this Regulation .
    relation to the Community currencies referred to
    in the previous subparagraph ;
Whereas, in accordance with Article 18(1 ) of Regula­                                Article 2
tion No 120/67/EEC, the nomenclature provided for
in this Regulation is incorporated in the Common             This Regulation shall enter into force on 1 February
Customs Tariff :                                              1974 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 January 1974.
                                                                       For the Commission
                                                                         P.J. LARDINOIS
                                                                     Member of the Commission
 ---pagebreak--- 1 . 2 . 74                      Official Journal of the European Communities                                No L 28 /25
                                                       ANNEX
                                                                                                Levies in u. a. / 100 kg
                                                                                         Third countries
                                                                                           (other than       AASM , OCT,
    CCT heading No                      Nomenclature in simplified wording                 AASM and              Tanzania ,
                                                                                         OCT, Tanzania ,      Uganda and
                                                                                          Uganda and                Kenya
                                                                                              Kenya )
07.06 A            Manioc, arrowroot, salep and other similar roots and tubers                o       n             0     i1)
                   with high starch content, excluding sweet potatoes
11.01 C            Barley flour (*)                                                           0-500                 0
11.01 D            Oat flour (*)                                                              0-500                 0
11.01 EI           Maize flour, of a fat content not exceeding 1-5 % by weight (*)            0-500                 0
11.01 E II         Maize flour, of a fat content exceeding 1-5 °/o by weight (2)              0-250                 0
11.01 F            Rice flour (®)                                                             0-250                 0
11.01 G            Buckwheat flour (*)                                                        0-500                 0
11.01 H            Millet flour (*)                                                           0-250                 0
11.01 1 J          Canary seed flour (l)                                                      0-250                 0
11.01 K            Grain sorghum flour (*)                                                    0-250                 0
11.01 L            Cereals flours, other than flour of wheat, mesiin, rye, barley, oats,      0-250                 0
                   maize, rice, buckwheat, millet, canary seed or grain sorghum (')
11.02 A II         Rye groats and meal (*)                                                     1-152                0-652
11.02 A III        Barley groats and meal (2)                                                 0-500                 0
11.02 AIV          Oat groats and meal (*)                                                    0-500                 0
11.02 A Va) 1      Maize groats and meal, of a fat content not exceeding 1-5 °/o by           0-500                 0
                   weight, for the brewing industry (2 )
11.02 A V a) 2     Maize groats and meal, of a fat content not exceeding 1*5 "/o by           0-500                 0
                   weight, other than for the brewing industry (2)
11.02 A V b )      Maize groats and meal, of a fat content exceeding 1*5 % by                 0-250                 0
                   weight ( 2 )
 11.02 A VI        Rice groats and meal (*)                                                   0-250                 0
 11.02 A VII       Buckwheat groats and meal (*)                                              0-500                 0
 11.02 A VIII      Millet groats and meal (*)                                                 0-250                 0
 ---pagebreak--- No L 28/26                        Official Journal of the European Communities                                        1 . 2 . 74
                                                                                                   Levies in u. a. /100 kg
                                                                                             Third countries
                                                                                              (other than       AASM , OCT ,
    CCT heading No                        Nomenclature in simplified wording                  AASM and              Tanzania ,
                                                                                             OCT, Tanzania ,     Uganda and
                                                                                              Uganda and              Kenya
                                                                                                 Kenya )
11.02 A IX          Grain sorghum groats and meal (*)                                            0-250               0
11.02 AX            Cereals groats and meal, other than groats and meal of wheat,                0-250               0
                    mesiin, rye, barley, oats, maize, rice, buckwheat, millet or grain
                    sorghum (*)
11.02 B I a ) 1     Hulled (shelled or husked ) barley (*)                                       0-250               0
11.02 B I a) 2 aa)  Clipped oats                                                                 0-250                0
11.02 B I a) 2 bb ) Hulled (shelled or husked ) oats other than clipped oats (2)                 0-250                0
11.02 B I a) 3      Hulled (shelled or husked) buckwheat (*)                                     0-250                0
1 1.02 B I a) 4     Hulled (shelled or husked) millet (2)                                        0-250               0
11.02 B I b) 1      Hulled and sliced or kibbled barley ('Grütze' or ' Grutten') (2)             0-250               0
11.02 B I b) 2      Hulled and sliced or kibbled oats (' Grütze' or ' Grutten') (2)              0-250                0
11.02 B I b) 3      Hulled and sliced or kibbled buckwheat (' Grütze' or ' Grutten') (2 )        0-250                0
11.02 B I b) 4      Hulled and sliced or kibbled millet (' Grütze' or ' Grutten') (2)            0-250               0
11.02 B II a)       Hulled ( shelled or husked ) wheat, whether or not sliced or                 0-250                0
                    kibbled (2 )
11.02 B II b )      Hulled (shelled or husked)           rye, whether or not sliced       or     0-731               0-481
                    kibbled (2)
11.02 B II c)       Hulled (shelled or husked) maize, whether or not sliced or                   0-250                0
                    kibbled (2)
11.02 B II d )      Hulled (shelled or husked) grain sorghum, whether or not sliced or           0-250               0
                    kibbled ( 2 )
                    Hulled , (shelled or husked) grains, whether or not sliced or                0-250               0
11.02 B II e)
                    kibbled, other than those of wheat, rye, maize, barley, oats,
                    buckwheat, millet or grain sorghum (*)
11.02 C I           Pearled wheat (2)                                                            0-250               0
11.02 C II          Pearled rye (2)                                                              0-829               0-579
11.02 C III         Pearled barley (2)                                                           0-500               0
11.02 C IV          Pearled oats ( 2)                                                            0-250               0
1 1.02 C V          Pearled maize (2 )                                                           0-250               0
11.02 C VI          Pearled buckwheat ( 2)                                                       0-250               0
11.02 C VII         Pearled millet (2 )                                                          0-250               0
11.02 C VIII        Pearled grain sorghum (2)                                                    0-250               0
11.02 C IX          Pearled grains, other than grains of wheat, rye, barley, oats, maize,        0-250               0
                    buckwheat, millet or grain sorghum (2)
 ---pagebreak--- 1 . 2 . 74                     Official Journal of the European Communities                           No L 28/27
                                                                                          Levies in u. a./100 kg
                                                                                    Third countries
                                                                                     (other than       AASM , OCT,
    CCT heading No                     Nomenclature in simplified wording            AASM and             Tanzania ,
                                                                                    OCT, Tanzania ,     Uganda and
                                                                                     Uganda and             Kenya
                                                                                        Kenya)
11.02 D I          Wheat not otherwise worked than kibbled (*)                          0-250               0
11.02 D II         Rye not otherwise worked than kibbled (*)                            0-619              0-369
11.02 D III        Barley not otherwise worked than kibbled (f)                         0-250               0
11.02 D IV         Oats not otherwise worked than kibbled (*)                           0-250               0
11.02 D V          Maize not otherwise worked than kibbled (f)                          0-250               0
11.02 D VI         Buckwheat not otherwise worked than kibbled (*)                      0-250               0
11.02 D VII        Millet not otherwise worked than kibbled {*)                         0-250               0
11.02 D VIII       Grain sorghum not otherwise worked than kibbled (*)                  0-250               0
11.02 D IX         Grains not otherwise worked than kibbled, other than grains of       0-250               0
                   wheat, rye, barley, oats, maize, buckwheat, millet or grain sor­
                   ghum (2)
11.02 E I a) 1     Rolled barley (■)                                                    0-250               0
11.02 E I a) 2     Rolled oats (*)                                                      0-250               0
11.02 E I a) 3     Rolled buckwheat (*)                                                 0-250               0
11.02 E I a) 4     Rolled millet (*)                                                    0-250               0
11.02 E I b) 1     Flaked barley (*)                                                    0-500               0
11.02 E I b) 2     Flaked oats (*)                                                       0-500              0
11.02 E I b) 3     Flaked buckwheat (')                                                  0-500              0
11.02 E I b ) 4    Flaked millet (l)                                                    0-500               0
11.02 E II a)      Rolled or flaked wheat (*)                                           0-500               0
 11.02 E II b)     Rolled or flaked rye (*)                                              1-152              0-652
 11.02 E II c)     Rolled or flaked maize (*)                                            0-500              0
11.02 E II d )     Rolled or flaked grain sorghum (f)                                    0-500              0
 11.02 E II e) 1   Flake rice (*)                                                        0-500              0
 11.02 E II e) 2   Rolled or flaked grains other than grains of wheat, rye, barley,     0-500               0
                   oats, maize, rice, buckwheat, millet or grain sorghum, excluding
                   flaked rice (2)
 11.02 F I         Wheat pellets (*)                                                    0-500               0
 11.02 F II        Rye pellets (*)                                                       1-152              0-652
 11.02 F III       Barley pellets (*)                                                    0-500              0
 ---pagebreak--- No L 28/28                     Official Journal of the European Communities                                      1 . 2 . 74
                                                                                              Levies in u. a. /100 kg
                                                                                        Third countries
                                                                                         (other than       AASM , OCT,
    CCT heading No                     Nomenclature in simplified wording                 AASM and             Tanzania ,
                                                                                        OCT, Tanzania ,     Uganda and
                                                                                         Uganda and              Kenya
                                                                                            Kenya )
11.02 F IV         Oat pellets (2)                                                          0-500                0
11.02 F V          Maize pellets (2)                                                        0-500                0
11.02 F VI         Rice pellets (2)                                                         0-250                0
11.02 F VII        Buckwheat pellets (2)                                                    0-500                0
11.02 F VIII       Millet pellets (2)                                                       0-250                0
11.02 F IX         Grain sorghum pellets (2)                                                0-250                0
11.02 F X          Pellets of cereals other than wheat, rye, barley, oats, maize, rice,     0-250                0
                   buckwheat, millet or grain sorghum (2)
11.02 G I          Wheat germ, whole, rolled, flaked or ground                              0-500                0
11.02 G II         Germ of cereals other than wheat, whole, rolled, flaked or ground        0-500                0
11.06 A            Denatured flour and meal of sago and of manioc, arrowroot,               0-250                0
                   salep and other roots and tubers falling within heading No 07.06,
                   for the manufacture of starches
11.06 B I          Undenatured flour and meal of sago and of manioc, arrowroot,              1-700                0
                   salep and other roots and tubers falling within heading No 07.06,
                   for the manufacture of starches
11.06 B II         Undenatured flour and meal of sago and of manioc, arrowroot,              1-700                0
                   salep and other roots and tubers falling within heading No 07.06,
                   other than for the manufacture of starches
 11.07 Ala)        Unroasted malt, obtained from wheat, in the form of flour                0-900                0
 11.07 Alb)        Unroasted malt, obtained from wheat, other than in the form of           0-900                 0
                   flour
11.07 All a)       Unroasted malt, other than that obtained from wheat, in the form         0-900 (4 )           0
                   of flour
 11.07 A II b )    Unroasted malt, other than that obtained from wheat, other than in       0-900                0
                   the form of flour
 11.07 B           Roasted malt                                                             0-900 (4 )           0
 11.08 AI          Maize starch                                                              1-700                0
 11.08 All         Rice starch                                                              2-550                 0
 11.08 AHI         Wheat starch                                                              1-700                0
 11.08 A IV        Potato starch                                                             1-700                0
 11.08 A V         Starches other than maize, rice, wheat or potato starch                   1-700                0
 11.09 A           Dried wheat gluten                                                      15-000                 0
 ---pagebreak---  1 . 2. 74                                    Official Journal of the European Communities                                             No L 28/29
                                                                                                                           Levies in u.a./100 kg
                                                                                                                    Third countries
                                                                                                                      (other than      AASM , OCT,
      CCT heading No                                     Nomenclature in simplified wording                           AASM and            Tanzania,
                                                                                                                   OCT, Tanzania ,      Uganda and
                                                                                                                     Uganda and             Kenya
                                                                                                                         Kenya )
 11.09 B                         Wheat gluten, other than dried                                                        15-000              0
 17.02 B II a )                  Glucose other than glucose containing, in the dry state, 99 °/o or                      8-000             0
                                 more by weight of the pure product (3), 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                    5-500              0
                                 or more by weight of the pure product (s), 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                         8-000             0
                                 powder, whether or not agglomerated
 17.05 B II                      Flavoured or coloured glucose syrup, other than in the form of                         5-500              0
                                 white crystalline powder, whether or not agglomerated
23.02 A 1 a;                     Brans, sharps and other residues derived from the sifting, milling                      0                 0
                                 or working of maize or rice, with a starch content not exceeding
                                 35 °/o by weight
23.02 A I b)                     Brans, sharps and other residues derived from the sifting, milling                     0                  0
                                 or working of maize or rice, with a starch content exceeding
                                 35 °/o but not exceeding 45 °/o by weight, and having undergone a
                                 denaturing process
 23.02 A I b ) 2                 Brans, sharps and other residues derived from the sifting, milling                      0                 0
                                 or working of maize or rice, with a starch content exceeding
                                 35 °/o but not exceeding 45 % by weight, not having undergone
                                 a denaturing process, or with a starch content exceeding 45 °/o
                                 by weight
23.02 A II a)                    Brans, sharps and other residues derived from the sifting, milling                     0                  0
                                 or working of cereals other than maize or rice, of which the starch
                                 content does not exceed 28 %> by weight, and of which the percen­
                                 tage which passes through a sieve with an aperture of 0-2 mm
                                 does not exceed 10 °/o by weight or of which the sieved product
                                 has an ash content, calculated on the dry product, of 1-5 %
                                 or more by weight
23.02 A II b)                    Brans, sharps and other residues derived from the sifting, milling                      0                 0
                                 or working of cereals other than maize or rice, not falling within
                                 subheading No 23.02 A II a)
23.03 A I                        Residues from the manufacture of starch from maize (excluding                         15-000              0
                                 concentrated steeping liquors), of a protein content, calculated on
                                 the dry product, exceeding 40 % by weight
(') This levy is limited to 6 •/« of the value for customs purposes .
 (•) For the purpose of distinguishing between products falling within headings Nos 11.01 and 11.02 and those falling within subheading 23.02 A,
     products falling within headings Nos 11.01 and 11.02 shall be those meeting the following specifications :
    — a starch content (determined by the modified Ewers polarimetric method), referred to dry matter, exceeding 45 °/« by weight
     — an ash content, by weight, referred to dry matter (after deduction of any added minerals), not exceeding 1-6 °/o for rice, 2-5 •/• for wheat,
        3 •/. for barley , 4 '/o for buckwheat, 5 % for oats and 2 °/o for other cereals .
     Germ of cereals, whole, rolled, flaked or ground, falls in all cases within heading No 11.02.
 (") Pursuant to Regulation No 189/66/EEC the product falling within subheading No 17.02 B 1 is subject to the same levy as products falling
     within subheading No 17.02 B II .
(*) In accordance with Regulation (EEC) No 3375/73 this levy is reduced by 0-45 u.a. /lOO kg for products originating in Turkey.