CELEX: 31980R1323
Language: en
Date: 1980-05-31 00:00:00
Title: Commission Regulation (EEC) No 1323/80 of 30 May 1980 fixing the export refunds on products processed from cereals and rice

31 . 5. 80                              Official Journal of the European Communities                         No L 135/9
                                    COMMISSION REGULATION (EEC) No 1323/80
                                                        of 30 May 1980
                     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 (7), as last amended by Regulation (EEC) No
Economic Community,                                               2245/78 (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 organiza­
tion of the market in cereals (*), as last amended by
Regulation (EEC) No 1 547/79 (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 organiza­
                                                                  2744/75 and Article 1 of Regulation (EEC) No
tion of the market in rice (3), as last amended by Regu­           1 077/68 (9), as amended by Regulation (EEC) No
lation (EEC) No 11 3/80 (4), and in particular the
                                                                  2764/71 ( 10), provide that the amount of the export
fourth 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 product ;
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                   market prices ;
an export refund ;
Whereas Article 2 of Council Regulation (EEC) No
2746/75 of 29 October 1975 (5), and Article 2 of                  Whereas when the refund is being calculated account
Council Regulation (EEC) No 1431 /76 of 21 June                   should be taken of the quantities of raw materials
 1976 (6) laying down general rules for granting export           used to determine the variable component of the
refunds on cereals and rice respectively and criteria for         levy ; whereas the quantities of raw materials used for
fixing the amount of such refunds, provide that when              certain processed products may vary according to the
refunds are being fixed account must be taken of the              end use of the product ; whereas, depending on the
existing situation and the future trend with regard to            manufacturing process used, products other than the
prices and availabilities of cereals, rice and broken rice        main product are obtained, the quantity and value of
on the Community market on the one hand and                       which may vary with the nature and quality of the
prices for cereals, rice, broken rice and cereal products         main products being manufactured ; whereas cumula­
on the world market on the other ; whereas the same               tion of the refunds on the various products manufac­
Articles provide that it is also important to ensure              tured by a single process from the same basic product
equilibrium and the natural development of prices                 may make it possible, in certain cases, to export to
and trade on the markets in cereals and rice and,                 third countries at prices which are lower than world
furthermore, to take into account the economic aspect             market prices ; whereas the refund on certain products
of the proposed exports, and the need to avoid distur­            should therefore be limited to an amount which,
bances on the Community market ;                                  while allowing access to the world market, will ensure
                                                                  that the aims of the common organization of the
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                           markets are respected ;
(2) OJ No L 188 , 26. 7 . 1979, p. 1 .
(3 ) OJ No  L  166, 25. 6. 1976, p. 1 .                           (7) OJ No L 281 , 1 . 11 . 1975, p. 65.
(«)  OJ No  L  16, 22. 1 . 1980, p. 1 .                           (») OJ No L 273, 29. 9. 1978, p. 1 .
(s)  OJ No  L 281 , 1 . 11 . 1975, p. 78 .                        O OJ No L 181 , 27. 7. 1968, p. 1 .
(')  OJ No  L  166, 25. 6. 1976, p. 36.                           (10) OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak--- No L 135/ 10                        Official Journal of the European Communities                              31 . 5. 80
Whereas the refund to be granted in respect of certain               a band of 2-25 %, a rate of exchange based on
processed products should be graduated on the basis                  their effective parity ;
of the ash, crude fibre, tegument, protein, fat and           — for other currencies, an exchange rate based on the
starch content of the individual product concerned,                  arithmetic mean of the spot market rates of each
this content being a particularly good indicator of the              of 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 ;
Whereas there is no need at present to fix an export
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          whereas it may be altered in the intervening period ;
of potential exports and in particular the nature and
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 opinion of the Manage­
                                                              ment Committee for Cereals,
nity participation in world trade makes it unnecessary
to fix an export refund at the present time ;
                                                              HAS ADOPTED THIS REGULATION :
Whereas the world market situation or the specific
requirements of certain markets may make it neces­
sary to vary the refund for certain products according                                    Article 1
to destination ;
                                                              The export refunds on the product^ listed in Article 1
Whereas Regulation (EEC) No 2806/71 (') lays down             (d) of Regulation (EEC) No 2727/75 and in Article 1
additional rules for granting export refunds for certain      ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
products processed from cereals and rice ;                    Regulation (EEC) No 2744/75 shall be as set out in
                                                              the Annex hereto.
Whereas, if the refund system is to operate normally,
refunds should be calculated on the following basis :
                                                                                          Article 2
— in the case of currencies which are maintained in
     relation to each other at any given moment within        This Regulation shall enter into force on 1 June 1980.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 30 May 1980.
                                                                           For the Commission
                                                                            Finn GUNDELACH
                                                                               Vice-President
(•) OJ No L 284, 28. 12. 1971 , p. 9 .
 ---pagebreak--- 31 . 5 . 80                              Official Journal of the European Communities                           No L 135 / 11
                                                                ANNEX
                     to the Commission Regulation of 30 May 1980 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        133-11
                            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)                                           —
11.01 D (I)                 Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 % by           135-00
                            weight, of a crude fibre content, referred to dry matter, not exceeding 1.8 % by
                            weight, of a moisture content not exceeding 11 % and of which the peroxydase
                            is virtually inactivated
11.01 D (II)                Oat flour not included under No 11.01 D (I)                                              —
11.01 E (I)                 Maize flour, of a fat content, referred to dry matter, not exceeding 1.3 % by          137-03
                            weight 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         117-4$
                            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)                                  85-16
11.01 F                     Rice flour                                                                              34-77
11.02 A III (a)             Barley groats and meal, of an ash content, referred to dry matter, not exceeding       137-55
                            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          135-00
                            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
11.02 A IV (b)               Oat groats and meal not included under No 11.02 A IV (a)                                —
 11.02 A V (a)              Maize groats and meal, of a fat content, referred to dry matter, not exceeding         176-18
                            0-9 % by weight and a crude fibre content, referred to dry matter, not exceeding
                            0-6 % by weight (*)
11.02 A V (b)               Maize groats and meal, of a fat content, referred to dry matter, not exceeding         137-03
                             1-3 % by weight and of a crude fibre content, referred to dry matter, not
                            exceeding 0-8 % by weight (*)
 11.02 A V (c)              Maize groats and meal, of a fat content, referred to dry matter, exceeding             117-4-6
                             1-3 % by weight but not exceeding 1-7 % by weight and of a crude fibre content,
                             referred to dry matter, not exceeding 1-0 % weight (x)
11.02 A VI                   Rice groats and meal                                                                   34-77
11.02 B I a) 1 (aa)         Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not      133-11
                            exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                            not exceeding 0-9 % by weight (2)
11.02 B I a) 1 (bb)         Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (*)          —
 11.02 B I a) 2 (aa)         Clipped oats                                                                            —
11.02 B 1 a) 2 bb) ( 11 )   Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not        12C-C0
                            exceeding 2-3 % by weight, of a tegument content not exceeding 0-5 % of a
                            moisture content not exceeding 11 % and of which the peroxydase is virtually
                            inactivated (l)
11.02 B I •) 2 bb) (22)     Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) (11 ) (') \
 ---pagebreak--- No L 135 /12                         Official Journal of the European Communities                          31 . 5 . 80
                                                                                                           lECU1tonne )
        Number
    in nomenclature                                   Nomenclature in simplified wording                    Refund
    used for refunds
11.02 Bib) 1 (aa)      Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not 133-11
                       exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 0-9 % by weight ('Griitze' or 'Grutten') (2)
11.02 Bib) 1 (bb)      Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)        —
                       ('Griitze' or 'Grutten') (2)
11.02 B I b) 2 (aa)    Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not   127-50
                       exceeding 2-3 % weight, of a tegument content not exceeding 0-1 % , of a moisture
                       content not exceeding 11 % and of which the peroxydase is virtually inactivated
                        ('Griitze' or 'Grutten ') (2)
11.02 B I b) 2 (bb)    Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)           —
                       ('Griitze' or 'Grutten') (2)
11.02 B II a) ( 1 )    Hulled (shelled or husked) wheat, not sliced or kibbled (2)                           —
11.02 C III (a)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by     177-48
                       weight (without talc) — 1st category (3)
11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by     141-98
                       weight (without talc) — 2nd category (3)
11.02 CIV              Pearled oats (3)                                                                      —
11.02 D I              Wheat not otherwise worked than kibbled                                                0
11.02 D II             Rye not otherwise worked than kibbled                                                35-00
11.02 E lb) 1 ( aa)    Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by        133-11
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-9 % by weight
11.02 E I b) 1 (bb)    Flaked barley not included under 11.02 E I b) 1 (aa)                                  —
11.02 E lb) 2 (aa)     Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by      150-00
                       weight, of a tegument content not exceeding 0-1 % , of a moisture content not
                       exceeding 12 % 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 % by      12C-C0
                       weight, of a tegument content exceeding 01 % 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      156-61
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 % by weight
                                                                                                           127-24
ex 11.02 E lie) (2)    Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 % by
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-8 % 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 % by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 % weight
11.02 E II d) 1        Flaked rice                                                                          34-77
11.02 Fill             Barley pellets                                                                        —
11.02 F IV             Oat pellets                                                                           —
11.02 F V              Maize pellets                                                                         —
11.02 G I              Wheat germ, whole, rolled, flaked or ground                                          22-38
11.02 G il             Germ of cereals other than wheat, whole, rolled, flaked or ground                    24-47
 ---pagebreak--- 31 . 5 . 80                                  Official Journal of the European Communities                                      No L 135 / 13
                                                                                                                                   (ECU/tonne )
          Number
      in nomenclature                                            Nomenclature in simplified wording                                 Refund
      used for refunds
11.07 A I a)                    Unroasted malt, obtained from wheat, in the form of flour                                          :106-76
11.07 A II a)                   Unroasted malt, other than that obtained from wheat, in the form of flour                           105-83
11.08 A I                       Maize starch (6)                                                                                    157-59 (5)
11.08 All                       Rice starch (8)                                                                                      11-46
11.08 A III                     Wheat starch (fl)                                                                                  196-94 (5 )
11.08 A IV                      Potato starch (7)                                                                                   157-59 (5 )
11.08 A V                       Starches other than maize, rice, wheat, or potato starch (*)                                          —
11.09 A                         Dried wheat gluten, of a protein content, referred to dry matter, of 82 % or more                   278-68 (5 )
                                by weight (N X 6-25 )
17.02 B II a)                   Glucose other than glucose containing, in the dry state, 99 % or more by weight                     205-55 ( 5)
                                of the pure product, in the form of white crystalline powder, whether or not
                                agglomerated (4)
17.02 B II b )                  Glucose and glucose syrup not containing, in the dry state, 99 % or more by                         157-59 ( 5)
                                weight of the pure product, other than glucose in the form of white crystalline
                                powder, whether or not agglomerated [*)
21.07 F II                      Flavoured or coloured glucose and glucose syrup, other than in the form of                          157-59 ( 5)
                                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                     22-09
                                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                     22-09
                                maize or rice, of a starch content exceeding 35 % by weight, and not having
                                undergone 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                     22-09
                                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                     22-09
                                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                          180-29 (5)
                                 steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                                 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 % 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. 1968,
     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. 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 .
(') The export refund to be granted shall be arrived at by first applying the monetary coefficient to the amount shown in this column
     and, thereafter, deducting a sum equal to the production refund per tonne of finished product as follows :
     — 11.08 A I , 11.08 A IV , 11.08 A V, 17.02 B II b) and 21.07 F : 33-09 ECU/tonne ,
     — 11.08 A III : 64-60 ECU/tonne,
     — 11.09 A : 117-48 ECU/tonne,
     — 17.02 B II a) : 43-16 ECU/tonne,
     — 23.03 A I : 41-10 ECU/tonne .
(') The export refund is granted on products falling within this subheading which have a starch content of not less than 85 •/• by weight.
0 The export refund is granted on products falling within this subheading which have a starch content of not less than 78 •/« by weight.