CELEX: 31981R2826
Language: en
Date: 1981-10-01 00:00:00
Title: Commission Regulation (EEC) No 2826/81 of 30 September 1981 fixing the export refunds on products processed from cereals and rice

No L 277/ 12                              Official Journal of the European Communities                                 1 . 10 . 81
                                    COMMISSION REGULATION (EEC) No 2826/81
                                                      of 30 September 1981
                    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,                                                  1783/81 (8), defines the specific criteria to be taken
                                                                    into account when the refund on these products is
Having regard to Council Regulation (EEC) No                        being calculated ;
2727/75 of 29 October 1975 on the common organ­
ization of the market in cereals (l), as last amended by
Regulation (EEC) No 1949/81 (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
Having regard to Council Regulation (EEC) No                         products used to calculate the variable component of
1418 /76 of 21 June 1976 on the common organization                  the levy ; whereas Article 8 of Regulation (EEC) No
of the market in rice (3), as last amended by the Act of             2744/75 and Article 1 of Regulation (EEC) No
Accession of Greece (4), and in particular the fourth                1077/68 (9), as amended by Regulation (EEC) No
subparagraph of Article 17 (2) thereof,                              2764/71 (10), provide that the amount of the export
                                                                     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
and Article 17 of Regulation (EEC) No 1418/76                        Whereas it follows from applying these detailed rules
provide that the difference between quotations or                    to the present situation on the market in products
prices on the world market for the products listed in                processed from cereals and rice that the export refund
                                                                     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
export refund ;                                                      market prices ;
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 used
 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
 fixing the amount of such refunds, provide that when                 processed products may vary according to the end use
 refunds are being fixed account must be taken of the                 of the product ; whereas, depending on the manufac­
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
 equilibrium and the natural development of prices and                it possible, in certain cases, to export to third countries
 trade on the markets in cereals and rice and, further­               at prices which are lower than world market prices ;
 more, to take into account the economic aspect of the                whereas the refund on certain products should there­
 proposed exports, and the need to avoid disturbances                 fore be limited to an amount which, while allowing
                                                                      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 .
 (2) OJ No   L 198 , 20 . 7. 1981 , p . 2.
  ') OJ No   L 166,  25. 6 . 1976, p . 1 .                            (7) OJ No L 281 , 1 . 11 . 1975, p. 65.
 O   OJ No   L 291 ,  19 . 11 . 1979 , p . 17.                        (8) OJ No L 176, 1 . 7. 1981 , p. 10.
 O   OJ No   L 281 ,  1 . 11 . 1975, p . 78 .                         O OJ No L 181 , 27. 7. 1968 , p. 1 .
 (6) OJ  No  L 166,   25 . 6 . 1976, p . 36.                           I0) OJ No L 283, 24. 12. 1971 , p . 30 .
 ---pagebreak--- 1 . 10 . 81                            Official Journal of the European Communities                         No L 277/ 13
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 of                  their effective parity,
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 ;
Whereas 'here is no need at present to fix an export
refund for manioc, other tropical roots and 'ubers 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 Management
nity participation in world trade makes it unnecessary           Committee 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 fox certain products according to
destination ;
Whereas Regulation (EEC) No 2806/71 (') lays down                                           Article 1
additional rules for granting export refunds for certain
products processed from cereals and rice ;                       The export refunds on the products listed in Article 1
Whereas the Commission has decided to grant a                    (d) of Regulation (EEC) No 2727/75 and in Article 1
special refund for the export to Poland of a maximum             ( 1 ) (c) of Regulation (EEC) No 1418 /76 and subject to
of 3 000 tonnes of oat flakes and made such grant                Regulation (EEC) No 2744/75 are hereby fixed as
subject to compliance with specific requirements laid            shown in the Annex to this Regulation .
down in Regulation (EEC) No 1688 /81 (2) ;
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 October
     relation to each other at any given moment within           1981 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 30 September 1981 .
                                                                              For the Commission
                                                                                Poul DALSAGER
                                                                          Member of the Commission
(') OJ No L 284, 28 . 12. 1971 , p . 9 .
(2) OJ No L 169 , 26 . 6 . 1981 , p . 22.
 ---pagebreak--- No L 277/ 14                         Official Journal of the European Communities                                  1 . 10 . 81
                                                             ANNEX
                to the Commission Regulation of 30 September 1981 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           56-70
                           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 11.01 C (I)                                             —
  11.01 D (I)              Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 % by weight,     38-63
                           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   112-85
                           and of a crude fibre content, referred to dry matter, not exceeding 0-8 % by weight
  1 1.01 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)                                     —
  11.01 F                  Rice flour                                                                                 —
  1 1.02 A III (a)         Barley groats and meal, of an ash content, referred to dry matter, not exceeding         58-59
                           1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                           0-9 % by weight
  1 1.02 A III (b)         Barley groats and meal not included under No 1 1.02 A III (a)                              —
  1 1.02 A IV (a)          Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2-3 %      38-63
                           by weight, of a tegument content not exceeding 01 % , of a moisture content not
                           exceeding 1 1 % and of which the peroxydase is virtually inactivated
  1 1.02 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 %    145-10
                           by weight and a crude fibre content, referred to dry matter, not exceeding 0-6 % by
                           weight (')
  1 1.02 A V (b)           Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1-3 %   112-85
                           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 1 -3 % by     96-73
                           weight but not exceeding 1 -7 % by weight and of a crude fibre content, referred to
                           dry matter, not exceeding 1 % by weight (')
  1 1.02 A VI              Rice groats and meal                                                                       —
  1 1 .02 B I a) 1 (aa)    Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not        56-70
                           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 1 1.02 B I a) 1 (aa)(2)            —
  1 1 .02 B I a) 2 (aa)    Clipped oats                                                                               —
 ---pagebreak--- 1 . 10 . 81                              Official Journal of the European Communities                                No L 277/ 15
                                                                                                                        (ECU/tonne)
            Number
       in nomenclature                                     Nomenclature in simplified wording                            Refund
       used for refunds
    1 1.02 B I a) 2 bb) (1 1 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not            34-34
                               exceeding 2-3 % by weight, of tegument content not exceeding 0-5 % of a
                               moisture content not exceeding 11 % and of which the peroxydase is virtually
                               inactivated (2)
    11.02 B I a) 2 bb) (22)    Hulled (shelled or husked) oats, not included under No 1 1.02 B I a) 2 bb) ( 11 ) (2)       —
    1 1 .02 B I b) 1 (aa)      Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not        56-70
                               exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                               exceeding 0-9 % by weight ('Grütze' or 'Grutten') (2)
    11.02 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          36-48
                               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)                —
                               ('Grütze' or 'Grutten') (2)
    1 1.02 B II a) ( 1 )       Hulled (shelled or husked) wheat, not sliced or kibbled (2)                                 —
    11.02 B II c) ( 1 )        Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not         120-92
                               exceeding 0-9 0/0 by weight and of a crude fibre content, referred to dry matter,
                               not exceeding 0-6 % by weight fgruetze' or 'grutten') (2)
    1 1.02 C III (a)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by            75-60
                               weight (without talc) — 1st category (3)
    1 1.02 C III (b)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by            60-48
                               weight (without talc) — 2nd category (3)
    11.02 C IV                 Pearled oats (3)                                                                            —
    1 1 .02 D I                Wheat not otherwise worked than kibbled                                                     —
    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            56-70
                               weight and of a crude fibre content, referred to dry matter, not exceeding 0-9 % by
                               weight
    1 1.02 E I b) 1 (bb)       Flaked barley not included under 1 1.02 E I b) 1 (àa)                                       —
    1 1 .02 E I b) 2 (aa)      Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by
                               weight, of a tegument content not exceeding 0-1 % , of a moisture content not
                               exceeding 12 % and of which the peroxydase is virtually inactivated
                               For export to :
                               — Poland                                                                                   89-02 0
                               — Other destinations                                                                       42-92
    1 1.02 E I b) 2 (bb)       Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by
                               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
                               For export to :
                               — Poland                                                                                   71-22 0
                               — Other destinations                                                                       34-34
    1 1 .02 E I b) 2 (cc)      Flaked oats not included under Nos 1 1 .02 E I b) 2 (aa) and 1 1.02 E I b) 2 (bb)           —
    ex 1 1.02 E II c) ( 1 )    Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by           128-98
                               weight and of a crude fibre content, referred to dry matter, not exceeding 0-7 % by
                               weight
 ---pagebreak--- No L 277/ 16                      Official Journal of the European Communities                                 1 . 10 . 81
                                                                                                              (ECU/tonne)
           Number
       in nomenclature                             Nomenclature in simplified wording                          Refund
       used for refunds
ex 1 1 .02 E II c) (2)   Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 % by        104-79
                         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
    1 1.02 E II d) 1     Flaked rice                                                                              —
    1 1.02 F III         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                                             14-39
    1 1.02 G II          Germ of cereals other than wheat, whole, rolled, flaked or ground                      20-15
    1 1.07 A I a)        Unroasted malt, obtained from wheat, in the form of flour                             102-42
    1 1.07 A II a)       Unroasted malt, other than that obtained from wheat, in the form of flour              67-28
    11.08 A I           Maize starch                                                                          10204
    11.08 All            Rice starch (*)                                                                          0
    11.08 A III         Wheat starch (*)                                                                        72-31
    11.08 AIV            Potato starch (6)                                                                    10204
    11.08 AV            Starches other than maize, rice, wheat, or potato starch (5)                              —
    11.09 A              Dried wheat gluten, of a protein content, referred to dry matter, of 82 % or more      88-09
                        by weight (N x 6-25)
    17.02 B II a)       Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %     133-10
                        or more by weight of the pure product, in the form of white crystalline powder,
                        whether or not agglomerated (4)
    17.02 B II b)       Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­      102-04
                        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 IIa)        Caramel, other than caramel containing 50 % or more by weight of sucrose in the       139-44
                        dry matter, in the form of powder, whether or not agglomerated
    17.02 F II b)       Caramel, other than caramel containing 50 % or more by weight of sucrose in the         96-97
                        dry matter, other than in the form of powder
   21 .07 F II          Flavoured or coloured glucose syrup, and malto-dextrine syrup                         102-04
   23.02 A I a)         Brans sharps and other residues derived from the sifting, milling or working of         14-08
                        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        14-08
                        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        14-08
                        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, calcu­
                        lated 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        14-08
                        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              50-70
                        steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                        by weight (N x 6-25)
 ---pagebreak--- 1 . 10 . 81                             Official Journal of the European Communities                              No L 277/ 17
(') 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 1 50 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 .
(5) 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.
(7) Grant of this refund is subject to the provisions of Article 2 of Regulation (EEC) No 1688/81 .