CELEX: 31974R2249
Language: en
Date: 1974-08-31 00:00:00
Title: Regulation (EEC) No 2249/74 of the Commission of 29 August 1974 fixing the export refunds on products processed from cereals and rice

31 . 8 . 74                             Official Journal of the European Communities                           No L 239/ 11
                              REGULATION (EEC) No 2249/74 OF THE COMMISSION
                                                      of 29 August 1974
                     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,                                                       1052/68 (9) of 23 July 1968 on the import and export
Having regard to the Treaty establishing the European              system for products processed from cereals and from
Economic Community ;                              -                rice, as last amended by Regulation (EEC) No
                                                                   881 /73 (10), defines the specific crit.eria to be taken
Having regard to Council Regulation No 120/                        into account when the refund on these products is
67/EEC (1) of 13 June 1967 on the common organiza­                 being calculated ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 1996/74 (2), and in particular the first
sentence of the fourth subparagraph of Article 16 (2)              Whereas, on the basis of the criteria laid down in
thereof ;
                                                                   Regulation (EEC) No 1052/68 , particular account
Having regard to Council Regulation No 359/                        should be taken of the prices and quantities of basic
67/EEC (3) of 25 July 1967 on the common organiza­                 products used to calculate the variable component of
tion of the market in rice, as last amended by Regula­             the levy ; whereas, therefore, as is laid down for the
tion (EEC) No 11 29/74 (4), and in particular the first            determination of the variable component, account
sentence of the fourth subparagraph of Article 17 (2)              should be taken of the average of the levies on the
thereof ;                                                          basic products concerned during a representative
                                                                   period, namely > the first 25 days of the month
Having regard to the Opinion of the Monetary                       preceding the month of exportation ; whereas this
Committee ;
                                                                   average should be adjusted for the threshold price for
Whereas Article 16 of Regulation No 120/67/ EEC                    these basic products which will be in force during the
and Article 17 of Regulation No 359/67/EEC provide                 month of exportation ; whereas Article 8 of Regula­
that the difference between quotations or prices on                tion (EEC) No 1052/68 and Article 1 of Regulation
the world market for the products listed in Article 1              (EEC) No 1077/68 ( n ), amended by Regulation (EEC)
of those Regulations and prices for those products                 No 2764/71 ( u), provide that the amount of the
within the Community may be covered by an export                   export refund should, for certain products, be reduced
refund ;                                                           by an amount equal to the production refund granted
                                                                   in respect of the basic product ;
Whereas Article 2 of Council Regulation No 139/
67/EEC (5) of 21 June 1967, as amended by Regula­
tion (EEC) No 1997/74 (6), and Article 2 of Council
Regulation No 366/67/EEC (7) of 25 July 1967 laying                Whereas it follows from applying these rules and
down general rules for granting export refunds on                  criteria to the present situation on the market in
cereals and rice respectively and criteria for fixing the          products processed from cereals and rice that the
amount of such refunds, as amended by Regulation                   export refund should be fixed at an amount which
No 1019/67/ EEC (8), provide that when refunds are                 will cover the difference between Community prices
being fixed account must be taken of the existing situ­            and world market prices ;
ation and the future trend with regard to prices and
availabilities of cereals, rice and broken rice on the
Community market on the one hand and prices for                    Whereas when the refund is being calculated account
cereals, rice and broken rice on the world market on               should ■ be taken of the quantities of raw materials
the other ; whereas the same Articles provide that it is           used to determine the variable component of the
also important to ensure equilibrium and the natural                levy ; whereas the quantities of raw materials used for
development of prices and trade on the markets in                  certain processed products may vary according to the
cereals and rice and, furthermore, to take into account             end use of the product ; whereas, depending on the
the economic aspect of the proposed exports, and the                manufacturing process used, products other than the
 need to avoid disturbances on the Community                        main product are obtained, the quantity and value of
 market ;                                                           which may vary with the nature and quality of the
                                                                    main products being manufactured ; whereas cumula­
(')  OJ  No  117, 19 . 6. 1967, p. 2269 /67.                        tion of the refunds on the various products manufac­
(2)  OJ  No L 209, 31 . 7. 1974, p. 1 .                             tured by a single process from the same basic product
(>)  OJ  No  174, 31 . 7 . 1967, p. 1 .
 (<) OJ  No L 128 , 10 . 5 . 1974, p. 20 .
 (s) OJ  No  125, 26. 6. 1967, p. 2453/67.                          (9) OJ No L 179, 25 . 7. 1968 , p. 8 .
 (') OJ  No L 209, 31 . 7. 1974, p. 3 .                             ( 10) OJ No L 86, 31 . 3 . 1973, p. 30 .
 (?) OJ  No  174, 31 . 7. 1967, P: 34.                              (") OJ No L 181 , 27. 7. 1968 , p. 1 .
 (») OJ  No 311 , 21 . 12. 1967, p. 13.                             0 2 ) OJ No L 283 , 24. 12. 1971 , p. 30 .
 ---pagebreak--- No L 239/ 12                         Official Journal of the European Communities                            31 . 8 . 74
may make it possible, in certain cases, to export to           — in the case of currencies which are maintained in
third countries at prices which are lower than world                relation to each other, at any given moment,
market prices ; whereas the refund on certain products              within a band of 2-25 % , a rate of exchange based
should therefore be limited to an amount which,                     on their effective parity ;
while allowing access to the world market, will ensure          — for other currencies an exchange rate based on the
that the aims of the common organization of the                     arithmetic mean of the spot market rates of each
markets are respected ;                                             of these currencies recorded for a given period, in
Whereas the refund to be granted in respect of certain              relation to the Community currencies referred to
processed products should be graduated on the basis                 in the previous subparagraph ;
of the ash, crude fibre, tegument, protein, fat and
                                                                Whereas the refund must be fixed once a month ;
starch content of the individual product concerned,
this content being a particularly good indicator of the         whereas it may be altered in the intervening period ;
quantity of basic product actually incorporated in the
                                                                Whereas the measures provided for in this Regulation
processed product ;
                                                                are in accordance with the Opinion of the Manage­
Whereas there is no need at present to fix an export            ment Committee for Cereals,
refund for manioc, other tropical roots and tubers or
flours obtained therefrom, given the economic aspect
of potential exports and in particular the nature and           HAS ADOPTED THIS REGULATION :
origin of these products ; whereas, for certain products
processed from cereals, the insignificance of Commu­
nity participation in world trade makes it unnecessary                                  Article 1
to fix an export refund at the present time ;
                                                                The export refunds on the products listed in Article 1
Whereas the world market situation or the specific
                                                                (d) of Regulation No 120/67/ EEC and in Article 1 ( 1 )
requirements of certain markets may make it neces­
                                                                (c) of Regulation No 359/67/ EEC and subject to Regu­
sary to vary the refund for certain products according          lation (EEC) No 1052/68 are hereby fixed as shown in
to destination ;
                                                                the Annex to this Regulation .
Whereas Regulation (EEC) No 2806/71 ( J ) lays down
additional rules for granting export refunds for certain
                                                                                        Article 2
 products processed from cereals and rice ;
Whereas, if the refund system is to operate normally,           This Regulation shall enter into force on 1 September
 refunds should be calculated on the following basis :           1974 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 August 1974.
                                                                           For the Commission
                                                                             P.J. LARDINOIS
                                                                       Member of the Commission
 (') OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- 31 . 8 . 74                               Official Journal of the European Communities                              No L 239/ 13
                                                                  ANNEX
           Number                                                                                                       Refund in
       in nomenclature                                     Nomenclature in simplified wording                          u. a. / 100 kç
       used for refunds                                                                                             (third countries)
1 1.01 C ( I )                Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by                 —
                              weight and of a crude fibre content, referred to dry matter, not exceeding
                              0-9 °/o weight
11.01 C ( 11 )                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, of a crude fibre content, referred to dry matter, not exceeding 1-8 °/o 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 )                                                   —
 1 1.01 E (I)                 Maize flour, 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
 11.01 E (II )                Maize flour, of a fat content, referred to dry matter, exceeding 1-3 % but not                  —
                              exceeding 1*7% by weight and of a crude fibre content, referred to dry matter,
                              not exceeding 1 % by weight
11.01 E ( III )               Maize flour not included under No 11.01 E (I) and (II)                                          —
11.01 F                       Rice flour                                                                                      —
 11.01 H                      Millet flour                                                                                    —
 11.02 A1II ( a)              Barley groats and meal, of an ash content, referred to dry matter, not exceeding                —
                              1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                              0-9 % by weight
 11.02 AIII ( b)              Barley groats and meal not included under No 11.02 A III (a)                                    —
 11.02 A IV (a )              Oat groats and meal, of an ash content, referred to dry matter, not exceeding                    —
                              2-3 % by weight, of a tegument content not exceeding 0-1 %>, 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)                                        —
 11.02 A V ( a)                Maize groats and meal, of a fat content, referred to dry matter, not exceeding                  —
                              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                  —
                               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                      —
                               1-3 °/o by weight but not exceeding 1-7 % 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                                                                           —
  11.02 B I a ) 1 ( aa )       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not               —
                               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                                                                                   —
  1 1.01 B I a) 2 bb) ( 11 )   Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not
                               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 (*)
  1 1 .02 B I a ) 2 bb) (22 )  Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (")            —
 ---pagebreak--- No L 239/14                          Official Journal of the European Communities                                31 . 8 . 74
          Number                                                                                                 Refund in
      in nomenclature                                 Nomenclature in simplified wording                        u. a. / 100 kg
      used for refunds                                                                                       (third countries)
1 1.02 B I b) 1 ( aa )   Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not           —
                        exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                        not exceeding 0-9 °/o 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)                 —
                        (' 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              "
                        exceeding 2·3 ®/o weight, of a tegument content not exceeding 0· 1 %, of a moisture
                        content not exceeding 11 °/o 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 (»a)                   —
                        (' Grütze' or ' Grutten') (2)
11.02 B II a ) ( 1 )    Hulled (shelled or husked) wheat, not sliced or kibbled (*)                                    —
1 1.02 C III ( a)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by
                        weight (without talc) — 1st category (8)
11.02 C III ( b )       Pearled barley, of an ash content, referred .to dry matter, not exceeding 1 % by               —
                        weight (without talc) — 2nd category (s)
11.02 C IV              Pearled oats (3)                                                                               —
11.02 D II              Rye not otherwise worked than kibbled                                                          —
11.02 E I b) 1 (aa )    Flaked oats, of an ash content, referred to dry matter, not exceeding 1 °/o by                 —
                        weight and of a crude fibre content, referred to dry matter, not exceeding
                        0-9 °/o by weight
1 1.02 E I b) 1 (bb)    Flaked barley not included under 11.02 E I b) 1 (aa)                                           —
11.02 E I b) 2 ( aa)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 °/o by               —
                        weight, of a tegument content not exceeding 0-1 %, of a moisture content not
                        exceeding 12 °/o 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
                        weight, of a tegument content exceeding 0-1 % but not exceeding 1-5 °/o, of a
                        moisture content not exceeding 12°/o 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 °/o by               —
                        weight and of a crude fibre, content, referred to dry matter, not exceeding
                        0-7 %> by weight
ex 11.02 E II c) (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 °/o weight
11.02 E II e) 1         Flaked rice                                                                                    —
11.02 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                                                    —
 11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                              —
 11.07 A I a)           Unroasted malt, obtained from wheat, in the förm of flour                                    '
 ---pagebreak--- 31 . 8 . 74                                Official Journal of the European Communities                                       No L 239/15
          Number                                                                                                                  Refund in
      in nomenclature                                        Nomenclature in simplified wording                                  u. a. /100 k;
     used for refunds                                                                                                         (third countries)
 11.07 Alb)                   Unroasted malt, obtained from wheat, other than in the form of flour
 11.07 All a)                 Unroasted malt, other than that obtained from wheat, in the form of flour                                 —
 11.07 All b)                 Unroasted malt, other than that obtained from wheat, other than in the form                               —
                              of flour
11.07 B                        Roasted malt                                                                                             —
 11.08 AI                     Maize starch                                                                                             —
 11.08 AIII                   Wheat starch                                                                                             —
11.08 AIV                      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®/o by weight (N X 6*25)
 17.02 B II a )               Glucose other than glucose containing, in the dry state, 99 °/o or more by weight                         —
                              of the pure product, in the form of white crystalline powder, whether or not
                              agglomerated (4)
 17.02 B 11 b )               Glucose and glucose syrup not containing, in the dry state, 99 °/o 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 H                     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                          —
                              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                          —
                              maize or rice, of a starch content exceeding 35 % but not exceeding 45 % 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
                              maize or rice, of a starch content exceeding 35°/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 H a )                 Brans, sharps and other residues derived from the sifting, milling or working
                              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% 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                          —
                              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 % 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% 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. 19(1.
    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. IMS,
„ p. 46).
(4) Pursuant to Regulation No 189/66/EEC the product falling within subheading 17.02 B I enjoys the same export refurid as the product falling
    within subheading 17.02 B II .