CELEX: 51968EC0821
Language: en
Date: 2007-01-31
Title: Draft Commission Regulation (EC) No …/.. of […] on the definition, applicable to the granting of export refunds, of hulled grains and pearled grains of cereals (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C(2005)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

                 on the definition, applicable to the granting of export refunds, of hulled grains and pearled grains of cereals

                                                                (Codified version)

                                                                      Draft

                                            ê 821/68

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

                 on the definition, applicable to the granting of export refunds, of hulled grains and pearled grains of cereals

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003[1] of 29 September 2003 on the common  organisation  of  the  market  in  cereals,  and  in
particular Article 18, first subparagraph thereof:

Whereas:

                                            ê 

   1) Commission Regulation (EEC) No 821/68 of 28 June 1968 on the definition, applicable to the granting of export refunds, of hulled grains and
      pearled grains of cereals[2] has been substantially amended[3]. In the interests of clarity and rationality the said Regulation  should  be
      codified.

                                            ê 821/68 Recital 1

   2) The export refund should take into account the quality of the product processed from cereals which qualifies for  the  refund  lest  public
      funds contribute to the export of goods of inferior quality. It is therefore necessary to establish a  precise  definition,  applicable  in
      each Member State, of cereal grains qualifying for the refund on “hulled grains” and “pearled grains”.

                                            ê 821/68 Recital 2

   3) The measures provided for in this Regulation are in accordance with the opinion of the of the Management Committee for Cereals,

                                            ê 821/68

HAS ADOPTED THIS REGULATION:

                                                                    Article 1

For the granting of export refunds, pearled grains and hulled grains of cereals shall be those which possess the characteristics listed in  Annex
I.

                                            ê 

                                                                    Article 2

Regulation (EEC) No 821/68 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance  with  the  correlation
table in Annex III.

                                            ê 821/68 (adapted)

                                                                    Article 3

This Regulation shall enter into force on Ö the twentieth day following that of its publication in the Official Journal of the European Union Õ.

                                            ê 821/68

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            ê 821/68

                                                                     ANNEX I

A.    DEFINITION OF “HULLED GRAINS” (SHELLED OR HUSKED) AND “PEARLED GRAINS”

I     “Hulled grains” includes shelled and husked grains:

1.    Shelled grains:

       are cereal grains with the pericarp removed or bracted cereal grains (see explanatory notes to tariff heading No 10.03: grains)  with  the
       bracts removed which cling to the pericarp (as for example with bearded barley) or which enclose the grains  so  firmly  that  the  bracts
       cannot be detached by threshing etc. (as with oats).

2.    Husked grains:

       are grains (in the case of barley, with the bracts removed) which have the major part of the pericarp and tegument (testa) removed.

                                            ê 1634/71 Art. 1 and Annex (adapted)

II.   “Pearled grains” include:

1.    First class grains:

       (a)  grains which correspond to the following definition:

            pearled cereal grains, principally barley, which have the whole of the tegument, pericarp, germ and the major part of the outer layer
           and aleuronic layer removed, and which are of uniform size and rounded form Ö , and Õ

       (b)  which in addition meet the following requirements:

           (i)   regularity of the grains:

                  – 75% of the grains must not exceed 20% of the dm (();

                  – 94% of the grains added progressively between 3% and 97% must not exceed 30% of the dm (();

                  – 100% of the grains must not exceed 50% of the dm (();

           (ii)  Determination of regularity by sieve analysis using sieves with round holes.

2.    Second class grains:

      grains which correspond to the definition under II.1.(a).

                                            ê 821/68

B.    SIEVE ANALYSIS

I.    Apparatus:

       1.   Set of sieves with round hole (diameter 200 mm, diameter of holes 4.0 to 1.0 mm, at 0.25 mm intervals);

       2.   Sieving apparatus — sieving should be done by hand; sieving aids (rubber cubes of 20 mm side);

       3.   Precision scales.

II.   Method:

Normally the pearled barley is passed through six different sieves; the set of sieves is closed at the top and bottom with  the  sieve  with  the
largest holes placed at the top; the top and bottom sieves should be empty after sieving.

Two samples of pearled barley of a checked weight of between 50 and 100 grams are sifted by hand for at least five minutes, with the aid  of  the
rubber cubes.

Sieving consists of taking hold of the set of sieves with the hand and shaking it, more or less horizontally, 120 times per  minute,  each  shake
travelling about 70 mm. This to-and-fro movement is interrupted every minute by a triple circular movement. The sieved residues  are  weighed  to
the nearest 0.1 g and expressed as a percentage of the sieved product which shall be weighed  to  the  nearest  whole  number,  and  the  average
calculated.

The average of the percentages of the sieved residues should be added progressively, starting with the value 0% in respect of  the  residue  from
the empty sieve with the largest holes. The added percentages ∑ (%) and the sizes of the holes in the corresponding sieves  are  plotted  in  co-
ordinated axes on millimetric paper, the ∑ (%) in ordinates and the diameters of the holes, in mm, in abscissae.

The median value (dm) is the hole width expressed in hundredths of mm for ∑ (%) = 50, and is read off the graph obtained by  joining  the  points
by straight lines.

                                            ê 1634/71

(() dm: the median value obtained from the graph of the results of sieve analysis at the point at which 50% of the  product  has  passed  through
the sieve.

                                                                  _____________

                                            é

                                                                     ANNEX II

                                                      Repealed Regulation with its amendment

|Commission Regulation (EEC) No 821/68                                                |(OJ L 149, 29.6.1968, p. 46)                   |
|Commission Regulation (EEC) No 1634/71                                              |(OJ L 170, 29.7.1971, p. 13)                  |

                                                                  _____________

                                                                    ANNEX III

                                                                Correlation Table

|Regulation (EEC) No 821/68                                           |This Regulation                                                      |
|Article 1                                                            |Article 1                                                            |
|-                                                                    |Article 2                                                            |
|Article 2                                                            |Article 3                                                            |
|Annex, Definition of “hulled grains” (shelled or husked) and “pearled|Annex I, point A                                                     |
|grains”                                                              |                                                                     |
|Annex, point A                                                       |Annex I, point A, I                                                  |
|Annex, point B, I, 1                                                 |Annex I, point A, II, 1(a)                                           |
|Annex, point B, I, 2, first sub-paragraph, (a), (b) and (c)          |Annex I, point A, II, 1(b)(i) first, second and third indents        |
|Annex, point B, I, 2, second sub-paragraph                           |Annex I, point A, II, 1(b)(ii)                                       |
|Annex, point B, I, 2, third sub-paragraph                            |Note (*)                                                             |
|Annex point B, II                                                    |Annex I, point A, II, 2                                              |
|Annex, Sieve Analysis                                                |Annex I, point B                                                     |
|Annex, Apparatus, first, second and third indents                    |Annex I, points B, I ,1, 2 and 3                                     |
|Annex, Method                                                        |Annex I, point B, II                                                 |
|-                                                                    |Annex II                                                             |
|-                                                                    |Annex III                                                            |

                                                                  _____________

                                                             -----------------------
[1]   OJ L 270, 21.10.2003, p. 78. Regulation amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).
[2]   OJ L 149, 29.6.1968, p. 46. Regulation as amended by Regulation (EEC) No 1634/71 (OJ L 170, 29.7.1971, p. 13).
[3]   See Annex II.