CELEX: 31973R1126
Language: en
Date: 1973-05-01 00:00:00
Title: Regulation (EEC) No 1126/73 of the Commission of 27 April 1973 fixing the export refunds on products processed from cereals and rice

1 . 5 . 73                               Official Journal of the European Communities                              No L 115 /23
                                REGULATION (EEC) No 1126/73 OF THE COMMISSION
                                                        of 27 April 1973
                             fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                     thermore, to take into account the economic aspect
COMMUNITIES ,                                                      of the proposed exports and the need to avoid distur­
                                                                   bances on the Community market ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                          Whereas Article 6 of Council Regulation (EEC) No
Having regard to Council Regulation No 120/67/                     1052/68 (8) of 23 July 1968 on the import and ex­
EEC (*) of 13 June 1967 on the common organiza­                    port system for products processed from cereals and
tion of the market in cereals, as last amended by                  from rice, as last amended by Regulation (EEC) No
the Act (2) annexed to the Treaty (3 ) on the Acces­               2728 /71 (9 ), defines the specific criteria to be taken
sion of new Member States to the European Eco­                     into account when the refund on these products is
nomic Community and the European Atomic Energy                     being calculated ;
Community, signed at Brussels on 22 January 1972,
and in particular the first sentence of the fourth                 Whereas, on the basis of the criteria laid down in
subparagraph of Article 16 (2) thereof ;                           Regulation (EEC) No 1052/68 , particular account
                                                                   should be taken of the prices and quantities of basic
Having regard to Council Regulation No 359/67/                     products used to calculate the variable component
EEC (4) of 25 July 1967 on the common organiza­                    of the levy ; whereas, therefore, as is laid down for
tion of the market in rice, as last amended by the                 the determination of the variable component, ac­
Act annexed to the Treaty on the Accession of new                  count should be taken of the average of the levies
Member States to the European Economic Com­                        on the basic products concerned during a representa­
munity and the European Atomic Energy Community,                   tive period, namely the first twenty-five days of the
signed at Brussels on 22 January 1972, and in                       month preceding the month of exportation ; whereas
particular the first sentence of the fourth subpara­               this average should be adjusted for the threshold
graph of Article 17 (2) thereof ;                                  price for these basic products which will be in
                                                                    force during the month of exportation ; whereas Art­
Having regard to the Opinion of the Monetary                        icle 8 of Regulation ( EEC) No 1052/68 and Article
Committee ;                                                          1 of Regulation ( EEC) No 1077/68 ( 10), amended by
Whereas Article 16 of Regulation No 120/67/EEC                     Regulation (EEC) No 2764/71 ( u ), provide that
and Article 17 of Regulation No 359/67/EEC pro­                    the amount of the export refund should, for certain
vide that the difference between quotations or prices              products, be reduced by an amount equal to the pro­
on the world market for the products listed in Ar­                 duction refund granted in respect of the basic pro­
ticle 1 of those Regulations and prices for those                  duct ;
products within the Community may be covered
by an export refund ;                                               Whereas it follows from applying these rules and cri­
                                                                    teria to the present situation on the market in pro­
Whereas Article 2 of Council Regulation No 139/67/                  ducts processed from cereals and rice that the export
EEC (5) of 21 June 1967 and Article 2 of Council                    refund should be fixed at an amount which will
Regulation No 366/67/EEC («) of 25 July 1967 lay­                   cover the difference between Community prices and
ing down general rules for granting export refunds                  world market prices ;
on cereals and rice respectively and criteria for fix­
ing the amount of such refunds, as amended by Reg­                 Whereas when the refund is being calculated ac­
ulation No 1019/67/EEC (7), provide that when re­                   count should be taken of the quantities of raw mate­
funds are being fixed account must be taken of the                  rials used to determine the variable component of
existing situation and the future trend with regard                 the levy ; whereas the quantities of raw materials
to prices and availabilities of cereals, rice and                   used for certain processed products may vary accord­
broken rice on the Community market on the one                      ing to the end use of the product ; whereas, depend­
hand and prices for cereals, rice and broken rice on                ing on the manufacturing process used, products
the world market on the other ; whereas the same                    other than the main product are obtained, the quan­
Articles provide that it is also important to ensure                tity and value of which may vary with the nature
equilibrium and the natural development of prices                   and quality of the main products being manufac­
 and trade on the markets in cereals and rice and, fur­             tured ; whereas cumulation of the refunds on the
                                                                    various products manufactured by a single process
 (!) OJ  No  117, 19.6 . 1967, p . 2269/67.                         from the same basic product may make it possible,
 (2) OJ  No  L 73 , 27. 3 . 1972, p . 14.
 (3) OJ  No  L 73, 27. 3. 1972, p. 5 .
 (4) OJ   No 174, 31.7. 1967, p . 1 .                                n     OJ No L 179, 25 . 7. 1968, p. 8 .
 (5) OJ   No 125 , 26. 6. 1967, p . 2453/67.                         (»)   OJ No L 282 , 23 . 12 . 1971 , p . 15 .
 («) OJ  No  174, 31 . 7. 1967, p . 34.                              ( 10) Of No L 181 , 27. 7. 1968 , p. 1 .
 (7) OJ  No  311 , 21 . 12 . 1967, p . 13 .                          (n)   OI No L 283 , 24 . 12 . 1971 , p . 30.
 ---pagebreak--- No L 115 /24                           Official Journal of the European Communities                             1 . 5 . 73
in certain cases, to export to third countries at prices         for certain products processed from cereals and
which are lower than world market prices ; whereas               rice ;
the refund on certain products should therefore be
limited to an amount which, while allowing access                Whereas, if the refund system is to operate normally,
to the world market, will ensure that the aims of the            refunds should be calculated on the basis of an
common organization of the markets are respected ;               exchange rate which is based, in the oase of currencies
                                                                 which are floating or whose central rate differs from
Whereas the refund to be granted in respect of cer­              the official parity, on the effective rate or the
tain processed products should be graduated on the               central rate of these currencies and, in the case of
basis of the ash, crude fibre, tegument, protein, fat            the US dollar, on the change in parity announced
and starch content of the individual product con­                on 13 February 1973 ;
cerned, this content being a particularly good indica­
tor of the quantity of basic product actually incor­             Whereas the refund must be fixed once a month ;
porated in the processed product ;                               whereas it may be altered in the intervening period ;
                                                                 Whereas the measures provided for in this Regula­
Whereas there is no need at present to fix an export             tion are in accordance with the Opinion of the Man­
refund for manioc, other tropical roots and tubers               agement Committee for Cereals ;
or flours obtained therefrom, given the economic
aspect of potential exports and in particular the                HAS ADOPTED THIS REGULATION :
nature and origin of these products ; whereas, for cer­
tain products processed from cereals, the insignifi­                                      Article 1
cance of Community participation in world trade
makes it unnecessary to fix an export refund at the              The export refunds on the products listed in Article
present time ;                                                   1 (d) of Regulation No 120/67/EEC and in Article
                                                                 1 ( 1 ) (c) of Regulation No 359/67/EEC and subject
Whereas the world market situation or the specific               to Regulation (EEC) No 1052/68 are hereby fixed as
requirements of certain markets may make it neces­               shown in the Annex to this Regulation.
sary to vary the refund for certain products accord­
ing to destination ;                                                                      Article 2
Whereasj Regulation (EEC) No 2806/71 (*) lays                     This Regulation shall enter into force on 1 May
down additional rules for granting export refunds                1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 27 April 1973 .
                                                                             For the Commission
                                                                               P.J. LARDINOIS
                                                                         Member of the Commission
 0 ) OJ No L 284, 28 . 12 . 1971 , p . 9.
 ---pagebreak--- 1. 5. 73 :                 I              Official Journal of the European Communities                              No L 115 /25
                                                               ANNEX
         Number                                                                                                         Refund in
     in nomenclature                                    Nomenclature in simplified wording                             u.a. /100 kg
     used for refunds                                                                                               (third countries]
11.01 C (I)                  Barley flour, of an ash content, referred to dry matter, not exceeding 0·9 % by             5·627
                             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)                                               3·826
11.01 D (I)                  Oat flour, of an ash content, referred to dry matter, not exceeding 2·3 °/o by               4·878
                             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)                                                  2·764
11.01 E (I)                  Maize flour, of a fat content, referred to dry matter, not exceeding 1·3 °/o by              5·412
                             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 °/o but not             4·639
                             exceeding 1·7 % by weight and of a crude fibre content, referred to dry matter,
                             not exceeding 1 °/o by weight
11.01 E (III)                Maize flour not included under No 11.01 E (I) and (II)                                       3·363
11.01 F                      Rice flour
11.01 H                      Millet flour                                                                                 3·922
11.02 A III (a)              Barley groats and meal, of an ash content, referred to dry matter, not exceeding             5·814
                             1 o/o by weight and of a crude fibre content, referred to dry matter, not exceeding
                             0·9 °/o by weight
11.02 A III (b)              Barley groats and meal not included under No 11.02 A III (a)                                 3·826
11.02 A IV (a)               Oat groats and meal, of an ash content, referred to dry matter, not exceeding                4·878
                             2·3 °/o by weight, of a tegument content not exceeding 0·1 °/o, of a moisture con­
                             tent not exceeding 11 °/o and of which the peroxydase is virtually inactivated
11.02 A IV (b )              Oat groats and meal not included under No 11.02 A IV (a)                                     2·764
11.02 A V ( a)               Maize groats and meal, of a fat content, referred to dry matter, not exceeding               6·959
                             0·9 °/o by weight and a crude fibre content, referred to dry matter, not exceeding
                             0·6 °/o by weight (J )
11.02 A V (b )               Maize groats and meal, of a fat content, referred to dry matter, not exceeding               5·412
                             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                   4·639
                             1·3 °/o by weight but not exceeding 1·7 °/o by weight and of a crude fibre content,
                             referred to dry matter, not exceeding 1·0 % weight (*)
11.02 A VI                   Rice groats and meal
                             Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not            5·627
11.02 B I a) 1 (aa)
                             exceeding 1 °/o 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) (2 )            3·826
 1 1.02 B I a) 2 (aa)        Clipped oats
                              Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not             4·336
 11.02 B I a) 2 bb) ( 11 )
                             exceeding 2·3 °/o 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 (2 )
 11.02 B I a) 2bb ) (22)      Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb ) ( 11 ) (*)       2·764
 ---pagebreak---     No L 115 /26                         Official Journal of the European Communities                                  1 . 5 . 73
            Number
                                                                                                                    Refund in
        in nomenclature                                    Nomenclature in simplified wording
        used for refunds                                                                                           u.a./100 kg
                                                                                                                (third countries)
   11.02 B I b) 1 (aa)      Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not       5·627
                            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 11.02 B I b) 1 (aa)            3·826
                            (' Grütze' 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        4·607
                            exceeding 2·3 °/o weight, of a tegument content not exceeding 0·1 %>, of a moisture
                            content not exceeding 11 % and of which the peroxydase is virtually inactivated
                           (' Grütze' or ' Grutten') (2)
   11.02 B I b ) 2 (bb )   Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)               2·764
                           (' Grütze' or ' Grutten') (2 )
   11.02 B II a) ( 1 )     Hulled (shelled or husked) wheat, not sliced or kibbled (2)                               4·835
   11.02 C III ( a)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by         7·502
                           weight (without talc) — 1st category (3)
  11.02 C III (b )         Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by         6·002
                           weight (without talc) — 2nd category (3)
  11.02 C IV               Pearled oats (s)                                                                          2·764
  11.02 D II               Rye not otherwise worked than kibbled                                                    3·570
  11.02 E I b ) 1 (aa )    Flaked oats, of an ash content, referred to dry matter, not exceeding 1 °/o by           5·627
                           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)                                     3·826
 11.02 E I b) 2 (aa)      Flaked oats, of an ash content, referred to dry matter, not exceeding 2·3 °/o by          5·420
                          weight, of a tegument content not exceeding 0·1 °/o, 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            4·336
                          weight, of a tegument content exceeding 0·1 %> but not exceeding 1·5 °/o, 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 )       2·764
 ex 11.02 E II c) ( 1 )  Flaked maize, of a fat content, referred to dry matter, not exceeding 0·9 % by            6·186
                         weight and of a crude fibre content, referred to dry matter, not exceeding
                         0·7 %> by weight
                         Flaked maize, of a fat content, referred to dry matter, not exceeding 1·3 °/o by          5·026
ex 11.02 E II c) (2 )
                         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           4·253
                         exceeding 1·7 % by weight and of a crude fibre content, referred to dry matter,
                         not exceeding 1 °/o weight
11.02 E II e) 1          Flaked rice
11.02 F III              Barley pellets                                                                           3·570
11.02 F IV               Oat pellets
11.02 F V                Maize pellets
11.02 G I                Wheat germ, whole, rolled, flaked or ground                                              1.185
11.02 G II               Germ of cereals other than wheat, whole, rolled, flaked or ground                        0·967
11.07 A I a)             Unroasted malt, obtained from wheat, in the form of flour                                8·437
 ---pagebreak---   1 . 5 . 73                                 Official Journal of the European Communities                                     No L 115/27
             Number                                                                                                                Refund in
        in nomenclature                                        Nomenclature in simplified wording                                 u.a. /100 kg
        used for refunds                                                                                                       (third countries]
  11.07 A lb )                  Unroasted malt, obtained from wheat, other than in the form of flour                                 6·304
  11.07 A II a )                Unroasted malt, other than that obtained from wheat, in the form of flour                            6·677
  11.07 A lib )                 Unroasted malt, other than that obtained from wheat, other than in the form                         4·989
                                of flour
  11.07 B                       Roasted malt                                                                                        5·814
 11.08 A I                      Maize starch
 11.08 A III                    "Wheat starch
 11.08 A IV                     Potato starch
 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, not exceeding
                               82 % 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
                                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
                               weight of the pure product, other than glucose in the form of white crystalline
                               powder, whether or not agglomerated (4)
 17.05 B I                     Flavoured or coloured glucose, in the form of white crystalline powder, whether
                               or not agglomerated
 17.05 B II                     Flavoured or coloured glucose and glucose syrup, other than in the form of 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                    0·988
                                maize or rice of a starch content not exceeding 35 °/o by weight
 23.02 A I b ) 1                Brans, sharps and other residues derived from the sifting, milling or working of                    0·988
                               maize or rice, of 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 or working of                    0·988
                               maize or rice, of a starch content exceeding 35 fl/o 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                       0·988
                                of maize or rice, of a starch content not exceeding 28 % by weight and of
                               which the percentage which passes through a sieve with an aperture of 0·2 mm
                                does not exceed 10 °/o by weight or of which the sifted product has an ash
                               content, calculated on dry matter, not exceeding 1·5 °/o by weight
23.02 A II b )                 Brans, sharps and other residues derived from the sifting, milling or working of                     0·988
                               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
                               steeping liquors), of a protein content, calculated on dry matter, not exceeding
                               63 °/o 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 °/o passes through a sieve with an aperture of 315 microns ,
     — of which a percentage not exceeding 5 °/o of product passes through a sieve with an aperture of 150 microns.
(*) 'Hulled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149; 29. 6. 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 No 189/66/EEC the product falling within subheading No 17.02 B I enjoys the same export refund as the product fal­
     ling within subheading No 17.02 B II .