CELEX: 31974R1233
Language: en
Date: 1974-05-17
Title: Regulation (EEC) No 1233/74 of the Commission of 16 May 1974 fixing the export levies on cereals

No L 134/ 12                               Official Journal of the European Communities                              17. 5. 74
                               REGULATION (EEC) No 1233/74 OF THE COMMISSION
                                                            of 16 May 1974
                                                  fixing the export levies on cereals
 THE COMMISSION OF THE EUROPEAN                                       Whereas the threshold prices for the              1973/74
 COMMUNITIES,                                                          marketing year were fixed by Council Regulation
                                                                      (EEC) No 1964/73 (5) of 17 July 1973 ;
 Having regard to the Treaty establishing the European
 Economic Community ;
                                                                      Whereas Article 3 of Regulation (EEC) No 1968/73
 Having regard to Council Regulation No 120/                           specifies that when the export levy is being fixed
 67/EEC ( l) of 13 June 1967 on the common organiza­                   account must be taken of the existing situation and
 tion of the market in cereals, as last amended by Regu­               the future trend with regard to prices and availabilities
 lation (EEC) No 1346/73 (2) ;                                        of cereals on the Community market on the one hand
                                                                       and prices for cereals and cereal products on the word
                                                                       market on the other ; whereas the same article
 Having regard to Council Regulation (EEC) No                          provides that it is also important to ensure equili­
 1968/73 (3) of 19 July 1973 laying down general rules                brium and the natural development of prices and
 to be applied in the event of the cereals market being                trade on cereal markets and furthermore, to take into
 disturbed, as amended by Regulation (EEC) No                          account the economic aspect of the proposed exports
 2632/73 (4) and in particular Article 4 (2) thereof ;                 and the need to avoid disturbances on the Commu­
                                                                       nity market ;
 Having regard to the Opinion of the Monetary
 Committee ;
                                                                      Whereas for the products, other than starches, listed
 Whereas Article 19 of Regulation No 120/67/ EEC                       in Article 1 (c) and (d) of Regulation No 120/67/EEC
 provides that the necessary measure may be taken if                   the specific factors set out in Article 3 (2) of Regula­
 the cif price of one or more products is appreciably                  tion (EEC) No 1968 /73 must also be taken into
                                                                      account ;
 higher than the threshold price and if that situation is
 likely to continue thereby disturbing or threatening to
 disturb the Community market ;
                                                                      Whereas the export levy may be varied if the world
Whereas Regulation (EEC) No 1968 /73 specifies that                   market situation or the specific requirements of
 the cif price may be regarded as appreciably higher                  certain markets make this necessary ;
 than the threshold price when it exceeds it by at least
 2 % ; whereas this excess may be regarded as being
 likely to continue where an imbalance between supply
 and demand is established and where this imbalance
                                                                      Whereas, if the levy system is to operate normally, the
 is likely to persist having regard to foreseeable produc­            following should be used to calculate the levies :
 tion and market price trends ;
Whereas the high level of prices in international trade               — for currencies the exchange rates for which are
could impede importation of rice into the Commu­                           kept at any given moment within a band of
 nity or provoke exportation from the Community ;                          2-25 % , at a conversion rate based on their actual
                                                                           parity ;
Whereas the situation described above can be said to
exist at the present time ; whereas to ensure supplies                — for other currencies a conversion rate based on the
in the Community an export levy should be intro­                           arithmetic mean of the spot market rates for each
duced for rice pellets ;                                                   of these currencies against the Community curren­
                                                                           cies referred to in the preceding paragraph over a
(!) OJ   No  117, 19 . 6.  1967, p . 2269/67 .                             specified period ;
(*) OJ   No  L 141 , 28 . 5 . 1973,  p. 8 .
(3) OJ   No  L 201 , 21 . 7. 1973,   p. 10 .
(«) OJ   No  L 272, 29 .  9 . 1973 , p. 18 .                          (5) OJ No L 201 , 21 . 7. 1973 , p. 3 .
 ---pagebreak--- 17. 5. 74                        Official Journal of the European Communities                      No L 134/ 13
Whereas it follows from applying the rules outlined         HAS ADOPTED THIS REGULATION :
above to the present situation on the market in                                   Article 1
cereals, and in particular to quotations or prices for
these products within the Community and on the              The export levies referred to in the first indent of
world market, that the export levies, should be fixed       Article 2(1 ) o'f Regulation (EEC) No 1968/73 are
as shown in the Annex to this Regulation ;                  hereby fixed at the amounts shown in the Annex.
                                                                                  Article 2
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­           This Regulation shall enter into force on 17 May
ment Committee for Cereals,                                 1974 .
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 16 May 1974.
                                                                     For the Commission
                                                                       P.J. LARDINOIS
                                                                 Member of the Commission
 ---pagebreak---  No L 134/ 14                          Official Journal of the European Communities                           17. 5 . 74
                                                              ANNEX
                to the Commission Regulation of 16 May 1974 fixing the export levy in the cereal sector
  CCT heading                                                                                              u.a./metric ton
       No                                                     Description
ex 10.01 A             Common wheat and meslin, excluding officially certified seeds (x)
ex 10.02               Rye, excluding officially certified seeds (*)
ex 10.03               Barley, excluding officially certified seeds (*)
ex 10.04               Oats, excluding officially certified seeds (*)
   10.05 B             Maize other than hybrid maize for sowing
   10.07 C             Grain sorghum
ex 11.01 A             Wheat flour
   11.02 A I a)        Durum wheat groats and meal
   11.02 A lb)         Common wheat groats and meal
   11.01               Flour of cereals :
                       C. Barley flour
                       D. Oat flour
                       E. Maize flour :
                           I. Of a fat content not exceeding 1-5 % by weight
                          II. Other
                       H. Millet flour
                       K. Grain sorghum flour
   11.02               Cereal groats and cereal meal ; other worked cereal grains (for example, rolled,
                      flaked, polished, pearled or kibbled, but not further prepared), except husked,
                      glazed, polished or broken rice ; germ of cereals, whole, rolled, flaked or ground :
                      A. Cereal groats and cereal meal :
                             II. Rye
                            III. Barley :
                                 a) Of an ash content not exceeding 1 %> by weight
                                 b) Barley groats and meal not included under No 11.02 A III a)
                            IV. Oats :
                                 a) Of an ash content not exceeding 2-3 % by weight
                                 b) Oat groats and meal not included under No 11.02 A IV a)
 ---pagebreak--- 17. 5 . 74                         Official Journal of the European Communities               No L 134/ 15
  OCT heading
      No                                                  Description                         u. a. /metric toa
11.02                 V. Maize :
(cont'd)
                           a) Of a fat content not exceeding 1-5 °/o by weight :
                               1 . For the brewing industry                                           —
                               2. Other                                                               —
                          b) Other                                                                    —
                 VIII. Millet                                                                         —
                     IX. Grain sorghum                                                                -
              B. Hulled grains (shelled or husked), whether or not sliced or kibbled :
                  I. Barley, oats, buckwheat and millet :                                               .
                        a) hulled (shelled or husked) :
                           1 . Barley (2)                                                             —
                           2 . Oats :
                                aa) Clipped oats                                                      —
                                bb) Other (2) :
                                     ( 11 ) Of an ash content not exceeding 2·3 °/o by weight         —
                                     (22) Other                                                       —
                           4. Millet                                                                  —
                        b) Hulled and sliced or kibbled ('Grütze or grutten') :
                           1 . Barley (*)                                                             —
                           2 . Oats (*) :
                                aa) Of an ash content not exceeding 2-3 % by weight                   —
                                bb) Other                                                             —
                           4. Millet J8)                                                              —
                 II . Other cereals :
                       a) Wheat (2)                                                                   —
                       b) Rye (Έ)                                                                     —
                       c) Maize (2)                                                                   —
                       d) Grain sorghum (*)                                                           —
              C. Pearled grains :
                      I. Wheat (»}                                                                    _
                     II. Rye (8)                                                                      —
                    III. Barley :
                          a) Of an ash content (without talc) not exceeding 1 % by weight —
                               1st category (8)
                          b) Other (3)                                                                —
                    IV. Oats (s)                                                                      —
                     V. Maize (')                                                                     —
                  VII. Millet (»)                                                                     —
                 VIII. Grain sorghum (»)                                                              -
 ---pagebreak--- No L 134/ 16                        Official Journal of the European Communities       17. 5 . 74
  CCT heading
      Mo                                                Descriotion              u . a . /metric ton
11.02         D. Grains not otherwise worked than kibbled :
(cont'd)                I. Wheat
                       II. Rye
                      III. Barley
                      IV . Oats
                       V. Maize
                    VII. Millet
                  VIII. Grain sorghum
              E. Rolled grains ; flaked grains :
                   I. Barley, oats, buckwheat ind millet .
                         a ) Rolled :
                             1 . Barley
                             2 . Oats
                             4. Millet
                         b ) Flaked :
                             1 . Barley
                             2 . Oats
                             4. Millet
                  II . Other cereals :
                         a ) Wheat
                        b) Rye
                        c) Maize
                        d) Grain sorghum
              F. Pellets :
                       I. Wheat
                      II. Rye
                     III . Barley
                     IV. Oats
                      V. Maize
                     VI . Rice                                                        120-00
                 VIII. Millet
                    IX. Grain sorghum
              G. Germ of cereals, whole, rolled, flaked or ground
                  I. Wheat
                 II. Other
 ---pagebreak--- 17. 5. 74                         Official Jouraal of the European Communities                      No L 134/ 17
  CCT heading
      Ho                                                Description                                 u . a./metric to·
11 07           Malt, roasted or not :
                A. Unroasted :
                     I. Obtained from wheat :
                         a) In the form of flour                                                            —
                         b) Other                                                                           —
                    II. Other :
                         a) In the form of flour                                                            —
                         b) Other                                                                           —
                B. Roasted                                                                                  —
23.02           Bran, sharps and other residues derived from the sifting, milling or working of
                cereals or of leguminous vegetables :
              \
                A. Of cereals :
                     I. Of maize or rice :
                         a) With a starch content not exoeeding 35 °/o by weight                            —
                         b) Other :
                             1 . With a starch content exceeding 35 °/o but not exceeding 45 % by
                                 weight, and having undergone a denaturing process                          —
                            2 . Other                                                                       —
                    II . Of other cereals :
                         a) Of which the starch content does aot exceed 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 sieved pro­
                            duct has an ash content, calculated on the dry product, of 1-5% or
                            more by weight
                         b) Other                                                                           —
23.07           Sweetened forage, other preparations of a kind used in animal feeding :
                B. Other, containing starch, glucose or glucose syrup falling within subheading
                    Nos 17.02 B and 17.05 B, or milk products, mixed with other products too :
                   ex I. Preparations of a kind used in animal feeding, covered by Regulation
                            (EEC) No 968/68, of a milk powder content of less than 50 °/o by weight
                            and of cereal products (4) content by weight :
                            — Exceeding 5 °/o but not exceeding 15 %                                       —
                            — Exceeding 15 % but not exceeding 30 %                                        —
                            — Exceeding 30% but not exceeding 50 %                                         —
                           — Exceeding 50 % but not exceeding 65 %                                         —
                            — Exceeding 65 %                                                               —
 ---pagebreak---   No L 134/ 18                                       Official Journal of the European Communities                                          17. 5 . 74
• (') Officially certified seeds are understood to be those seeds contained in the packages officially sealed and officially labelled as ' basic seed',
        'certified seed , first generation', 'certified seed, second generation' conforming to the provisions of the Council Directive of 14 June 1966
        on the marketing of cereal seed (OJ No 125 , 11 . 7. 1966, p. 2309/66) and of the Council Decision of 26 March 1973 on the equivalence of
        seed produced in Denmark, Ireland and the United Kingdom (OJ No L 106, 20. 4. 1973 , p. 12).
   (•) 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).
  (') ' Cereals products' means the products falling within Chapter 10 and heading Nos 11.01 and 11.02 (excluding subheading No 11.02 G) o'.
       the Common Customs Tariff.