CELEX: 31975R3389
Language: en
Date: 1975-12-31
Title: Regulation (EEC) No 3389/75 of the Commission of 29 December 1975 fixing the export refunds on products processed from cereals and rice

No L 334/ 22                               Official Journal of the European Communities                             31 . 12 . 75
                               REGULATION (EEC) No 3389/75 OF THE COMMISSION
                                                        of 29 December 1975
                     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,                                                          2744/75 (8) of 29 October 1975 on the import and
                                                                      export system for products processed from cereals and
Having regard to the Treaty establishing the European                 from rice, defines the specific criteria to be taken into
Economic Community ;                                                  account when the refund on these products is being
                                                                      calculated ;
Having regard to Council Regulation (EEC) No
2727/75 ( ! ) of 29 October 1975 on the common organ­
ization of the market in cereals, as amended by Regu­                 Whereas, on the basis of the criteria laid down in
lation (EEC) No 3058/75 (2), and in particular the first              Regulation (EEC) No 2744/75, particular account
sentence of the fourth subparagraph of Article 16 (2)                 should be taken of the prices and quantities of basic
thereof ;                                                             products used to calculate the variable component of
                                                                      the levy ; whereas, therefore, as is laid down for the
Having regard to Council Regulation No 359/                           determination of the variable component, account
67/EEC (3) of 25 July 1967 on the common organiza­                    should be taken of the average of the levies on the
tion of the market in rice, as last amended by Regula­                basic products concerned during a representative
tion (EEC) No 668/75 (4), and in particular the first                 period, namely the first 25 days of the month
sentence of the fourth subparagraph of Article 17 (2)                 preceding the month of exportation ; whereas this
thereof ;                                                             average should be adjusted for the threshold price for
                                                                      these basic products which will be in force during the
Having regard to the Opinion of the Monetary                          month of exportation ; whereas Article 8 of Regula­
Committee ;
                                                                      tion (EEC) No 2744/75 and Article 1 of Regulation
Whereas Article 16 of Regulation (EEC) No 2727/75                     (EEC) No 1077/68 (9), amended by Regulation (EEC)
and Article 17 of Regulation No 359/67/ EEC provide                   No 2764/71 ( 10), provide that the amount of the
that the difference between quotations or prices on                   export refund should, for certain products, be reduced
the world market for the products listed in Article 1                 by an amount equal to the production refund granted
of those Regulations and prices for those products                    in respect of the basic product ;
within the Community may be covered by an export
refund ;                                                              Whereas it follows from applying these rules and
                                                                      criteria to the present situation on the market in
Whereas Article 2 of Council Regulation (EEC) No
2746/75 (5) of 29 October 1975, and Article 2 of                      products processed from cereals and rice that the
                                                                      export refund should be fixed at an amount which
Council Regulation No 366/67/ EEC (6) of 25 July
                                                                      will cover the difference between Community prices
 1967 laying down general rules for granting export
                                                                      and world market prices ;
refunds on cereals and rice respectively and criteria for
fixing the amount of such refunds, as last amended by
Regulation (EEC) No 478/75 (7), provide that when                     Whereas when the refund is being calculated account
refunds are being fixed account must be taken of the                  should be taken of the quantities of raw materials
existing situation and the future trend with regard to                used to determine the variable component of the
prices and availabilities of cereals, rice and broken rice            levy ; whereas the quantities of raw materials used for
on the Community market on the one hand and                           certain processed products may vary according to the
prices for cereals, rice and broken rice on the world                 end use of the product ; whereas, depending on the
market on the other ; whereas the same Articles                       manufacturing process used, products other than the
provide that it is also important to ensure equilibrium               main product are obtained, the quantity and value of
and the natural development of prices and trade on                    which may vary with the nature and quality of the
the markets in cereals and rice and , furthermore, to                 main products being manufactured ; whereas cumula­
take into account the economic aspect of the                          tion of the refunds on the various products manufac­
 proposed exports, and the need to avoid disturbances                 tured by a single process from the same basic product
on the Community market ;                                             may make it possible, in certain cases, to export to
                                                                      third countries at prices which are lower than world
(')  OJ No   L 281 , 1 . 11 . 1975, p. 1 .                            market prices ; whereas the refund on certain products
(2)  '- No   L 306, 26 . 11 . 1975, p. 3 .                            should therefore be limited to an amount which ,
(3 ) Cj No   174, 31 . 7. 1967, p. 1 .
(«)  OJ No   L 72, 20 . 3 . 1975, p . 18 .
(5 ) OJ No   L 281 , 1 . 11 . 1975, p. 78 .                           (8) OJ No L 281 , 1 . 11 . 1975, p. 65 .
(')  OJ No   174, 31 . 7. 1967, p . 34.                               (») OJ No L 181 , 27. 7. 1968 , p. 1 .
( 7) OJ No   L 52, 28 . 2. 1975, p . 34.                              ( 10) OJ No L 283, 24. 12 . 1971 , p. 30 .
 ---pagebreak--- 31 . 12 . 75                        Official Journal of the European Communities                           No L 334/23
while allowing access to the world market, will ensure        — in the case of currencies which are maintained in
that the aims of the common organization of the                      relation to each other, at any given moment,
markets are respected ;                                              within a band of 2-25 % , a rate of exchange based
                                                                     on their effective parity ;
Whereas the refund to be granted in respect of certain
processed products should be graduated on the basis            — for other currencies an exchange rate based on the
of the ash, crude fibre, tegument, protein, fat and                  arithmetic mean of the spot market rates of each
starch content of the individual product concerned,                  of these currencies recorded for a given period, in
this content being a particularly good indicator of the              relation to the Community currencies referred to
quantity of basic product actually incorporated in the               in the previous subparagraph ;
processed product ;                                            Whereas the refund must be fixed once a month ;
                                                               whereas it may be altered in the intervening period ;
Whereas there is no need at present to fix an export
refund for manioc, other tropical roots and tubers or          Whereas the measures provided for in this Regulation
flours obtained therefrom, given the economic aspect           are in accordance with the Opinion of the Manage­
of potential exports and in particular the nature and          ment Committee for Cereals,
origin of these products ; whereas, for certain products
processed from cereals, the insignificance of Commu­           HAS ADOPTED THIS REGULATION :
nity participation in world trade makes it unnecessary
to fix an export refund at the present time ;                                            Article 1
Whereas the world market situation or the specific
requirements of certain markets may make it neces­             The export refunds on the products listed in Article 1
sary to vary the refund for certain products according         (d) of Regulation (EEC) No 2727/75 and in Article 1
to destination ;                                               ( 1 ) (c) of Regulation No 359/67/EEC and subject to
                                                               Regulation (EEC) No 2744/75 are hereby fixed as
Whereas Regulation (EEC) No 2806/71 ( J) lays down             shown in the Annex to this Regulation.
additional rules for granting export refunds for certain
products processed from cereals and rice ;                                               Article 2
Whereas, if the refund system is to operate normally,          This Regulation shall enter into force on 1 January
refunds should be calculated on the following basis :           1976.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 29 December 1975.
                                                                            For the Commission
                                                                            C. P. DRIESPRONG
                                                                                  Director
(') OJ No L 284, 28 . 12. 1971 , p. 9.
 ---pagebreak--- No L 334/24                             Official Journal of the European Communities                             31 . 12. 75
                                                             ANNEX
         Number                                                                                                     Refund in
     in nomenclature                                  Nomenclature in simplified wording                        u. a./metric ton
     used for refunds                                                                                          (third countries)
 11.01 C (I)              Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by             29-04
                          weight and of a crude fibre content, referred to dry matter, not exceeding
                          0-9 °/o weight
11.01 C (II)              Barley flour not included under No 11.01 C (I)                                                0
11.01 D (I )              Oat flour, of an ash content, referred to dry matter, not exceeding 2-3 °/o by              27-97
                          weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 % by
                          weight, of a moisture content not exceeding 11 °/o and of which the peroxydase
                          is virtually inactivated
11.01 D (II)              Oat flour not included under No 11.01 D (I)                                                   0
11.01 E (I)               Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 % by               42-77
                          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              3666
                          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)                                      26-58
11.01 F                   Rice flour                                                                                   5-29
11.01 H                   Millet flour                                                                                  0
11.02 A III ( a)          Barley groats and meal, of an ash content, referred to dry matter, not exceeding            30-01
                          1 °/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)                                  0
11.02 A IV (a)            Oat groats and meal, of an ash content, referred to dry matter, not exceeding               27-97
                          2-3 °/o by weight, of a tegument content not exceeding 0-1 %>, of a moisture
                          content not exceeding 11 % 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)                                      0
11.02 A V (a)             Maize groats and meal, of a fat content, referred to dry matter, not exceeding              54-99
                          0-9 °/o 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              42-77
                           1-3 °/o by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 0-8 °/o by weight (')
11.02 A V (c )            Maize groats and meal, of a fat content, referred to dry matter, exceeding                  36-66
                           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 °/o weight (')
11.02 A VI                Rice groats and meal                                                                         5-29
11.02 B I a) 1 (aa)       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not           29-04
                          exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                          not exceeding 0-9 % by weight (*)
11.02 B I a) 1 (bb)       Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (■)               0
11.02 B I a) 2 (aa)       Clipped oats                                                                              .  —
11.02 B I a) 2 bb) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not             24-86
                          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 (')
11.02 B I ft) 2 bb) (22)  Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11) (a)           0
 ---pagebreak---  31 . 12. 75                          Official Journal of the European Communities                          No L 334/25
          Number                                                                                                 Refund in
    . in nomenclature                                Nomenclature in simplified wording                      u. a. /metric ton
      used for refunds                                                                                      (third countries)
 11.02 Bib) 1 (aa)      Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not         29-04
                        exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 0-9 % by weight ('Grütze' or 'Grutten') (2)
 11.02 Bib) 1 (bb)      Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)                0
                        ('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           26-42
                        exceeding 2-3 %> weight, of a tegument content not exceeding 0-1 °/o, of a moisture
                        content not exceeding 11 °/o and of which the peroxydase is virtually inactivated
                        ('Grütze' or 'Grutten ') (*)
11.02 Bib) 2 (bb )      Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)                    0
                        ('Grütze' or 'Grutten') (2)
11.02 B II a) ( 1 )    Hulled (shelled or husked) wheat, not sliced or kibbled (*)                                     0
11.02 C III ( a)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by           38-72
                       weight (without talc) — 1st category (*)
11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by            30-98
                       weight (without talc) — 2nd category (3)
11.02 C IV             Pearled oats (')                                                                                0
11.02 D II             Rye not otherwise worked than kibbled                                                          —
11.02 E lb) 1 (aa)     Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by                 29-04
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-9 °/o by weight
11.02 E lb) 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 % by               31-08
                       weight, of a tegument content not exceeding 0-1 °/o, of a moisture content not
                       exceeding 12 °/o and of which the peroxydase is virtually inactivated
11.012 E I b ) 2 (bb ) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by               24-86
                       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)                 —
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by              48-88
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 °/o by weight
ex 11.02 E II c) (2)   Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 °/o by             39-72
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-8 °/o by weight
ex 11.02 E II c) (3 )  Flaked maize, of a fat content, referred to dry matter, exceeding 1-3 °/o but not              _
                       exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 % weight
11.02 E II e) i        Flaked rice                                                                                   5-29
11.02 Fill             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                                                   7-75
11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                             7-64
11.07 A. 1 a)          Unroasted malt, obtained from wheat, in the form of flour                                     —
 ---pagebreak---   No L 334/26                               Official Journal of the European Communities                                           31 . 12. 75
            Number                                                                                                                   Refund in
       in nomenclature                                        Nomenclature in simplified wording                                  u.a./metric ton
       used for refunds                                                                                                          (third countries)
  11.07 A lb)                   Unroasted malt, obtained from wheat, other than in the form of flour
  11.07 A II 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 A I                     Maize starch                                                                                           38-54
 11.08 A III                   Wheat starch                                                                                            39-91
  11.08 A IV                   Potato starch                                                                                           38-54
  11.08 A V                    Starches other than maize, rice, wheat, or potato starch                                                38-54
  11.09 A                      Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                         72-56
                               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                       50-27
                                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 °/o or more by                           38-54
                               weight of the pure product, other than glucose in the form of white crystalline
                               powder, whether or not agglomerated {*)
 17.05 B I                     Flavoured or coloured glucose, in the form of white crystalline powder, whether                         50-27
                               or not agglomerated
 17.05 B II                    Flavoured or coloured glucose and glucose syrup, other than in the form of                              38-54
                               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                         6-47
                               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                         6-47
                               maize or rice, of a starch content exceeding 35 % but not exceeding 45 % by
                               weight, and having undergone a denaturing process
 23.02 A lb ) 2                Brans, sharps and other residues derived from the sifting, milling or working of                         6-47
                               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 II a )                Brans, sharps and other residues derived from the sifting, milling or working                            6-47
                               of maize or rice, of a starch content not exceeding 28 % by weight and or
                               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                         6-47
                               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                             47-88
                               steeping liquors), of a protein content, calculated on dry matter, not exceeding
                               63 % by weight (N X 6-25 )
(l) 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. t. IMI,
    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 (EEC) No 2730/75 the product falling within subheading 17.02 B I enjoys the same export refund as the product falling
    within subheading 17.02 B II .