CELEX: 31976R0974
Language: en
Date: 1976-04-29 00:00:00
Title: Commission Regulation (EEC) No 974/76 of 28 April 1976 fixing the import levies on products processed from cereals and rice

29. 4. 76                                  Official Journal of the European Communities                         No L 112/21
                                     COMMISSION REGULATION (EEC) No 974/76
                                                          of 28 April 1976
                       fixing the import levies on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                       from rice and for the advance fixing of this levy for
COMMUNITIES,                                                         these products and for compound feedingstuffs manu­
                                                                     factured from cereals (6), as last amended by Regula­
                                                                     tion (EEC) No 1997/75 (7), provides that the levy thus
Having regard to the Treaty establishing the European                determined, increased by the fixed component, is
Economic Community,                                                  valid in general for one month but is altered where
                                                                     the levy applicable to the basic product concerned
Having regard to Council Regulation (EEC) No                         differs by not less than 2-5 units of account per metric
                                                                     ton from the average of the levies calculated as
2727/75 of 29 October 1975 on the common organi­                     described above ;
zation of the market in cereals ( !), as amended by
Regulation (EEC) No 3058/75 (2), and in particular
Article 14 (4) thereof,
                                                                     Whereas in accordance with Article 5 of Regulation
                                                                     (EEC) No 2744/75 and Article 2 of Regulation (EEC)
Having regard to Council Regulation No 359/                           No 1579/74, the levy on certain processed products
67/EEC of 25 July 1967 on the common organiza­                        must be reduced by an amount equal to the produc­
tion of the market in rice (3), as last amended by Regu­              tion refund granted in respect of basic products for
lation (EEC) No 668/75 (4), and in particular Article                 processing ; whereas Regulation (EEC) No 1921 /75 (8)
12 (4) thereof,                                                       laid down certain transitional measures in respect of
                                                                      starches ;
Having regard to the opinion of the Monetary
Committee ,
                                                                      Whereas the fixed component of the levy is specified
                                                                      in Regulation (EEC) No 2744/75 ;
Whereas the rules to be applied to calculating the vari­
able component of the import levy on products
processed from cereals and rice are laid down in                      Whereas, in order that account may be taken of the
Article 14 ( 1 ) (A) of Regulation (EEC) No 2727/75 and               interests of the African, Caribbean and Pacific States
Article 12 ( 1 ) (a) of Regulation No 359/67/EEC ;                    or in the 'overseas countries and territories', the levy
whereas Article 2 of Council Regulation (EEC) No                      relating to them in respect of certain products
2744/75 of 29 October 1975 on the import and                          processed from cereals must be reduced by the
export system for products processed from cereals and                 amount of the fixed component and, in respect of
rice (5), provides that the incidence on the prime costs              some of these products, by part of the variable compo­
of these products of the levies applicable to their basic             nent ; whereas this reduction must be made in accor­
products should be calculated on the basis of the                     dance with Article 12 of Council Regulation (EEC)
average of the levies applicable to these basic products              No 706/76 of 30 March 1976 on the arrangements
for the first twenty-five days of the month preceding                 applicable to agricultural products and certain goods
that of importation ; whereas this average, adjusted on               resulting from the processing of agricultural products
the basis of the threshold price valid for the basic                  originating in the African, Caribbean and Pacific
products in question during the month of importa­                     States or in the 'overseas countries and territories' (9) ;
tion, is calculated on the basis of the quantities of
basic products considered to have been used in the
manufacture of the processed product or the
competing product which serves as a reference for                     Whereas Article 4 (2) of Regulation (EEC) No 2744/75
processed products not containing cereals ;                           provides that the levy to be charged on the products
                                                                      listed in the Annex to that Regulation under
                                                                      subheading 07.06 A is limited, with effect from the
Whereas Commission Regulation (EEC) No 1579/74                        date of entry into force of the Geneva Protocol ( 1967)
of 24 June 1974 on the procedure for calculating the                  annexed to the General Agreement on Tariffs and
import levy on products processed from cereals and                    Trade, to the amount resulting from application of the
                                                                      rate of duty bound within GATT ;
( i) OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
(2)  OJ  No  L 306, 26 . 11 . 1975, p. 3 .                            (6) OJ No  L  168 , 25. 6. 1974, p. 7.
(})  OJ  No  174, 31 . 7. 1967, p. 1 .                                (7) OJ No  L 202, 1.8 . 1975, p. 57.
(4)  OJ  No  L 72, 20 . 3 . 1975, p. 18 .                             (8) OJ No  L  195, 26. 7. 1975, p. 25.
(5   OJ  No  L 281 , 1 . 11 . 1975, p. 65.                            (9) OJ No  L 85, 31 . 3 . 1976, p. 2.
 ---pagebreak--- No L 112/ 22                      Official Journal of the European Communities                             29 . 4. 76
Whereas, if the levy system is to operate normally,          HAS ADOPTED THIS REGULATION :
levies should be calculated on the following basis :
— in the case of currencies which are maintained in
    relation to each other, at any given moment,                                       Article 1
    within a band of 2-25 % , a rate of exchange based
    on their effective parity ;                              The import levies to be charged on the products listed
— for other currencies an exchange rate based on the         in Article 1 (d) of Regulation (EEC) No 2727/75 and
    arithmetic mean of the spot market rates of each         in Article 1 ( 1 ) (c) of Regulation No 359/67/EEC and
    of these currencies recorded for a given period, in      subject to Regulation (EEC) No 2744/75 are hereby
    relation to the Community currencies referred to         fixed as shown in the Annex to this Regulation.
    in the previous subparagraph ;
Whereas, in accordance with Article 18(1 ) of Regula­
                                                                                       Article 2
tion (EEC) No 2727/75, the nomenclature provided
for in this Regulation is incorporated in the Common
Customs Tariff,                                              This Regulation shall enter into force on 1 May 1976.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 April 1976.
                                                                       For the Commission
                                                                         P. J. LARDINOIS
                                                                  Member of the Commission
 ---pagebreak--- 29 . 4. 76                      Official Journal of the European Communities                               No L 112/23
                                                        ANNEX
                                                                                              Levies in u. a. /metric ton
                                                                                         Third countries
    CCT heading No                      Nomenclature in simplified wording                (other than           ACP and
                                                                                            ACP and               OCT
                                                                                             OCT)
07.06 A            Manioc, arrowroot, salep and other similar roots and tubers                 5.77 (»)          4.27 H (5)
                   with high starch content, excluding sweet potatoes
11.01 C            Barley flour (•)                                                          62.73               57.73
11.01 D            Oat flour (•)                                                             63.41               58.41
11.01 EI           Maize flour, of a fat content not exceeding 1-5 */o by weight (*)         76.32               71.32
11.01 E II         Maize flour, of a fat content exceeding 1-5 */o by weight (*)             42.91               40.41
11.01 F            Rice flour (*)                                                            36.83               34.33
11.01 G            Buckwheat flour (•)                                                       27.10               22.10
11.01 H            Millet flour (*)                                                          34.07               31.57
U.01IJ             Canary seed flour (')                                                       2.50                 0
11.01 K            Grain sorghum flour (*)                                                   45.91               43.41
11.01 L            Cereals flours, other than flour of wheat, meslin, rye, barley, oats,       2.50                  0
                   maize, rice, buckwheat, millet, canary seed or grain sorghum (f)
11.02 A II         Rye groats and meal (*)                                                   95.45               90.45
11.02 A III        Barley groats and meal (*)                                                62.73               57.73
11.02 A IV         Oat groats and meal (*)                                                   63.41               58.41
11.02 A Va ) 1     Maize groats and meal, of a fat content not exceeding 1*5 % by            76.32               71.32
                   weight, for the brewing industry (*)
11.02 A V a) 2     Maize groats and meal, of a fat content not exceeding 1-5 % by            76.32               71.32
                   weight, other than for the brewing industry (*)
11.02 A Vb)        Maize groats and meal, of a fat content exceeding 1*5 % by                42.91               40.41
                   weight (')
11.02 A VI         Rice groats and meal (')                                                  36.83               34.33
 11.02 A VII       Buckwheat groats and meal (•)                                             27.10               22.10
11.02 A VIII       Millet groats and meal (*)                                                34.07               31.57
 ---pagebreak--- No L 112/24                      Official Journal of the European Communities                                   29. 4. 76
                                                                                                Levies in u.a./metric ton
                                                                                           Third countries
      CCT heading No                     Nomenclature in simplified wording                 (other than         ACP and
                                                                                              ACP and             OCT
                                                                                               OCT)
 1 1.02 A IX         Grain sorghum groats and meal (*)                                         45-91             43.41
 11.02 AX            Cereals groats and meal, other than groats and meal of wheat,               2.50               0
                     meslin, rye, barley, oats, maize, rice, buckwheat, millet or grain
                     sorghum (*)
 11.02 B I a) 1      Hulled (shelled or husked) barley (*)                                     53.81             51.31
 11.02 B I a) 2 aa)  Clipped oats                                                              35.60             33.10
 1 1.02 B I a) 2 bb) Hulled (shelled or husked) oats other than clipped oats (*)               60.91             58.41
1 1.02 B I a) 3      Hulled (shelled or husked) buckwheat (*)                                  22.15              19.65
1 1.02 B I a) 4      Hulled (shelled or husked) millet (')                                     52.02             49.52
                     Hulled and sliced or kibbled barley ('Grütze' or 'Grutten') (*)           53.81             51.31
 11.02 Bib) 1
                     Hulled and sliced or kibbled oats ('Grütze' or 'Grutten') (*)             60.91             58.41
11.02 Bib) 2
                     Hulled and sliced or kibbled buckwheat ('Grütze' or 'Grutten') (l)        22.15              19.65
11.02 Bib) 3
                     Hulled and sliced or kibbled millet ('Grütze' or 'Grutten') (*)           52.02             49.52
11.02 Bib) 4
11.02 B II a)        Hulled (shelled or husked) wheat, whether or not sliced or                59.26             56.76
                     kibbled (*)
11.02 B lib )        Hulled (shelled or husked) rye, whether or not sliced or                  69.33             66.83
                     kibbled (*)
                     Hulled (shelled or husked) maize, whether or not sliced or                65.89             63.39
11.02 B II c)
                     kibbled (')
                     Hulled (shelled or husked) grain sorghum, whether or not sliced or        70.60             68.10
11.02 B II d)
                     kibbled (l)
                                                                                                 2.50               0
11.02 Bile)          Hulled (shelled or husked) grains, whether or not sliced or
                     kibbled, other than those of wheat, rye, maize, barley, oats,
                     buckwheat, millet or grain sorghum (*)
 11.02 CI            Pearled wheat (*)                                                         70.79             68.29
11.02 C II           Pearled rye (*)                                                           82.90             80.40
11.02 C III          Pearled barley (*)                                                        85.18             80.18
11.02 CIV            Pearled oats (*)                                                          54.42             51.92
 11.02 C V           Pearled maize (')                                                         65.89             63.39
 11.02 C VI          Pearled buckwheat (*)                                                     22.15             19.65
 1 1.02 C VII        Pearled millet (*)                                                        52.02             49.52
 11.02 C VIII        Pearled grain sorghum (*)                                                 70.60             68.10
 11.02 C IX          Pearled grains, other than grains of wheat, rye, barley, oats, maize,       2.50               0
                     buckwheat, millet or grain sorghum (*)
 ---pagebreak--- 29 . 4. 76                       Official Journal of the European Communities                         No L 112/25
                                                                                          Levies in u.a./metric ton
                                                                                     Third countries
     CCT heading No                      Nomenclature in simplified wording           (other than         ACP and
                                                                                        ACP and             OCT
                                                                                          OCT)
 11.02 D I          Wheat not otherwise worked than kibbled (*)                          46.03             43.53
 1 1.02 D II        Rye not otherwise worked than kibbled (*)                            53.76             51.26
11.02 Dili          Barley not otherwise worked than kibbled (*)                         35.21             32.71
11.02 D IV          Oats not otherwise worked than kibbled (*)                           35.60             33.10
11.02 D V           Maize not otherwise worked than kibbled (')                          42.91             40.41
11.02 D VI          Buckwheat not otherwise worked than kibbled (*)                      15.03              12.53
11.02 D VII         Millet not otherwise worked than kibbled (*)                         34.07             31.57
1 1.02 D VIII       Grain sorghum not otherwise worked than kibbled (*)                  45.91             43.41
11.02 D IX          Grains not otherwise worked than kibbled, other than grains of         2.50               0
                    wheat, rye, barley, oats, maize, buckwheat, millet or grain sor­
                    ghum (2)
                    Rolled barley (•)                                                    35.21             32.71
11.02 El a ) 1
                    Rolled oats (*)                                                      35.60             33.10
11.02 EI a) 2
                    Rolled buckwheat (*)                                                 15.03             12.53
11.02 EI a) 3
                    Rolled millet (*)                                                    34.07             31.57
11.02 EI a ) 4
1 1.02 E lb ) 1     Flaked barley (*)                                                    69.14             64.14
11.02 E lb) 2       Flaked oats (*)                                                      69.90             64.90
11.02 E lb) 3       Flaked buckwheat (*)                                                 27.10             22.10
11.02 E lb) 4       Flaked millet (*)                                                    60.71             55.71
11.02 E II a)       Rolled or flaked wheat (•)                                           81.82             76.82
1 1.02 E lib )      Rolled or flaked rye (')                                             95.45             90.45
11.02 E II c)       Rolled or flaked maize (*)                                           76.32             71.32
11.02 E II d )      Rolled or flaked grain sorghum (*)                                   81.61             76.61
11.02 E II e) 1     Flake rice (*)                                                      63.30              58.30
11.02 E II e) 2     Rolled or flaked grains other than grains of wheat, rye, barley,      5.00                0
                    oats, maize, rice, buckwheat, millet or grain sorghum, excluding
                    flaked rice (*)
11.02 FI            Wheat pellets (*)                                                   81.82             76.82
11.02 F II          Rye pellets (*)                                                     95.45             90.45
11.02 F III         Barley pellets (*)                                                  62.73             57.73
 ---pagebreak--- No L 112/26                    Official Journal of the European Communities                                   29 . 4 . 76
                                                                                            Levies in u. a. /metric ton
                                                                                        Third countries
    CCT heading No                     Nomenclature in simplified wording                (other than          ACP and
                                                                                           ACP and              OCT
                                                                                            OCT)
11.02 F IV         Oat pellets (•)                                                          63.41              58.41
11.02 F V          Maize pellets (")                                                        76.32              71.32
11.02 F VI         Rice pellets (*)                                                         36.83              34.33
11.02 F VII        Buckwheat pellets (*)                                                    27.10              22.10
1 1.02 F VIII      Millet pellets (*)                                                       34.07               31.57
11.02 F IX         Grain sorghum pellets (*)                                                45.91              43.41
11.02 FX           Pellets of cereals other than wheat, rye, barley, oats, maize, rice,       2.50                 0
                   buckwheat, millet or grain sorghum (')
11.02 G I          Wheat germ, whole, rolled, flaked or ground                              37.01              32.01
11.02 G II         Germ of cereals other than wheat, whole, rolled flaked or ground         34.72               29.72
11.06 A            Denatured flour and meal of sago and of manioc, arrowroot,                 8.27                2.77 (•)
                   salep and other roots and tubers falling within heading No 07.06,
                   for the manufacture of starches
11.06 B I          Undenatured flour and meal of sago and of manioc, arrowroot,             64.69               44.69 (5)
                   salep and other roots and tubers falling within heading No 07.06,
                   for the manufacture of starches
11.06 B II         Undenatured flour and meal of sago and of manioc, arrowroot,             80.79               60.79 (5)
                   salep and other roots and tubers falling within heading No 07.06,
                   other than for the manufacture of starches
11.07 Ala)         Unroasted malt, obtained from wheat, in the form of flour                84.97               75.97
11.07 Alb)         Unroasted malt, obtained from wheat, other than in the form of           65.76               56.76
                   flour
11.07 All a )      Unroasted malt, other than that obtained from wheat, in the form         66.08 (4)           57.08
                   of flour
11.07 A II b)      Unroasted malt, other than that obtained from wheat, other than in       51.65               42.65
                   the form of flour
11.07 B            Roasted malt                                                             58.71 {*)           49.71
11.08 A I          Maize starch                                                             64.69               47.69
 11.08 A II        Rice starch                                                              56.04               30.54
11.08 A III        Wheat starch                                                             75.04               58.04
 11.08 A IV        Potato starch                                                            64.69               47.69
 11.08 A V         Starches other than maize, rice, wheat or potato starch                  64.69               23.85 (5 )
 11.09 A           Dried wheat gluten                                                      255.52              105.52
 ---pagebreak---  29 . 4. 76                                    Official Journal of the European Communities                                           No L 112/27
                                                                                                                          Levies in u.a./metric ton
                                                                                                                     Third countries
      CCT heading No                                     Nomenclature in simplified wording                            (other than        ACP ana
                                                                                                                        ACP and             OCT
                                                                                                                          OCT)
 11.09 B                         Wheat gluten, other than dried                                                         255.52            105.52
 17.02 B II a )                 Glucose other than glucose containing, in the dry state, 99% or                         142.20             62.20
                                more by weight of the pure product ('), in the form of white
                                 crystalline powder, whether or not agglomerated
 17.02 B lib)                   Glucose and glucose syrup not containing, in the dry state, 99%                          102.69            47.69
                                or more by weight of the pure product (3), other than glucose in
                                 the form of white crystalline powder, whether or not agglomerated
 17.05 B 1                       Flavoured or coloured glucose, in the form of white crystalline                        142.20             62.20
                                 powder, whether or not agglomerated
 17.05 B II                      Flavoured or coloured glucose syrup, other than in the form of                          102.69            47.69
                                 white crystalline powder, whether or not agglomerated
                                                                                                                          11.44            11.44
 23.02 A 1 i )                  Brans, sharps and other residues derived from the sifting, milling
                                or working of maize or rice, with a starch content not exceeding
                                35 % by weight
                                                                                                                          18.30            18.30
23.02 A 1 b)                    Brans, sharps and other residues derived from the sifting, milling
                                or working of maize or rice, with a starch content exceeding
                                35 % but not exceeding 45 % by weight, and having undergone a
                                 denaturing process
                                                                                                                         36-60             36-60
 23.02 A I b) 2                 Brans, sharps and other residues derived from the sifting, milling
                                or working of maize or rice, with a starch content exceeding
                                35 % but not exceeding 45 % by weight, not having undergone
                                a denaturing process, or with a starch content exceeding 45 %
                                by weight
23.02 A II a )                  Brans, sharps and other residues derived from the sifting, milling                         9.15              9.15
                                or working of cereals other than maize or rice, of which the starch
                                content does not exceed 28 % by weight, and of which the percen­
                                tage which passes through a sieve with an aperture of 0*2 mm
                                does not exceed 10% by weight or of which the sieved product
                                has an ash content, calculated on the dry product, of 1*5%
                                or more by weight
                                                                                                                         36-60             36-60
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 falling within
                                subheading No 23.02 A II a)
23.03 A I                       Residues from the manufacture of starch from maize (excluding                           209.24             59.24
                                concentrated steeping liquors), of a protein content, calculated on
                                the dry product, exceeding 40 % by weight
(') This levy is limited to 6 'It of the value for customs purposes .
 C) For the purpose of distinguishing between products falling within headings Nos 11.01 and 11.02 and those falling within subheading 23.02 A ,
    products falling within headings Nos 11.01 and 11.02 shall be those meeting the following specifications :
    — a starch content (determined by the modified Ewers polarimetric method), referred to dry matter, exceeding 45 '/• by weight
    — an ash content, by weight, referred to dry matter (after deduction of any added minerals), not exceeding 1-6 "/• for rice, 2*5 '/o for wheat,
       3 •/• for barley, 4 •/• for buckwheat, J % for oats and 2 '/» for other cereals .
    Germ of cereals, whole, rolled, flaked or ground, falls in all cases within heading No 11.02.
(') Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading No 17.02 B I is subject to the same levy as products falling
    within subheading No 17.02 B II .
(4) In accordance with Regulation (EEC) No 2755/75 this levy is reduced by 0-45 u.a. / 100 kg for products originating in Turkey .
(5) In accordance with Regulation (EEC) No 706/76 the levy shall not be charged on the following products originating in the countries
    and territories :
    — arrow-root falling within sub-heading ex 07.06 A
    — flours and meal of arrow-root falling within sub-headings ex 11.06 A , ex 11.06 B I and II
    — arrow-root starch falling within sub-heading ex 11.08 A V.