CELEX: 31978R0875
Language: en
Date: 1978-04-29 00:00:00
Title: Commission Regulation (EEC) No 875/78 of 28 April 1978 fixing the export refunds on products processed from cereals and rice

29 . 4. 78                                     Official Journal of the European Communities                          No L 117/9
                                           COMMISSION REGULATION (EEC) No 875/78
                                                              of 28 April 1978
                       fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                            2560/77 (7), defines the specific criteria to be taken
 COMMUNITIES,                                                             into account when the refund on these products is
                                                                          being calculated ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                         Whereas, on the basis of the criteria laid down in
 Having regard to Council Regulation (EEC) No                             Regulation (EEC) No 2744/75, particular account
 2727/75 of 29 October 1975 on the common organiza­                       should be taken of the prices and quantities of basic
 tion of the market in cereals ( J ), as last amended by                  products used to calculate the variable component of
 Regulation (EEC) No 709/78 (2), and in particular the                    the levy ; whereas Article 8 of Regulation (EEC) No
 fourth subparagraph of Article 16 (2) thereof,                           2744/75 and Article 1 of Regulation (EEC) No
                                                                          1077/68 (8), as amended by Regulation (EEC) No
 Having regard to Council Regulation (EEC) No                             2764/71 (9), provide that the amount of the export
 1418 /76 of 21 June 1976 on the common organiza­                         refund should, for certain products, be reduced by an
 tion of the market in rice (3), as last amended by Regu­                 amount equal to the production refund granted in
 lation (EEC) No 709/78 , and in particular the fourth                    respect of the basic product ;
subparagraph of Article 17 (2) thereof,
 Having regard to the opinion of the Monetary                            Whereas it follows from applying these rules and
 Committee ,                                                              criteria to the present situation on the market in
Whereas Article 16 of Regulation (EEC) No 2727/75                         products processed from cereals and rice that the
and Article 17 of Regulation (EEC) No 1418/76                            export refund should be fixed at an amount which
 provide that the difference between quotations or                       will cover the difference between Community prices
 prices on the world market for the products listed in                   and world market prices ;
Article 1 of those Regulations and prices for those
 products within the Community may be covered by                         Whereas when the refund is being calculated account
an export refund ;                                                        should be taken of the quantities of raw materials
                                                                         used to determine the variable component of the
Whereas Article 2 of Council Regulation (EEC) No
                                                                          levy ; whereas the quantities of raw materials used for
 2746/75 of 29 October 1975 (4), and Article 2 of
                                                                         certain processed products may vary according to the
Council Regulation (EEC) No 1431 /76 of 21 June
                                                                         end use of the product ; whereas, depending on the
 1976 (5 ) laying down general rules for granting export
                                                                         manufacturing process used, products other than the
refunds on cereals and rice respectively and criteria for
                                                                         main product are obtained, the quantity and value of
fixing the amount of such refunds, provide that when                     which may vary with the nature and quality of the
refunds are being fixed account must be taken of the
                                                                         main products being manufactured ; whereas cumula­
existing situation and the future trend with regard to                   tion of the refunds on the various products manufac­
 prices and availabilities of cereals, rice and broken rice
                                                                         tured by a single process from the same basic product
on the Community market on the one hand and
                                                                         may make it possible, in certain cases, to export to
 prices for cereals, rice and broken rice on the world
market on the other ; whereas the same Articles
                                                                         third countries at prices which are lower than world
provide that it is also important to ensure equilibrium
                                                                         market prices ; whereas the refund on certain products
                                                                         should therefore be limited to an amount which ,
and the natural development of prices and trade on
the markets in cereals and rice and , furthermore , to
                                                                         while allowing access to the world market, will ensure
                                                                         that the aims of the common organization of the
take into account the economic aspect of the
                                                                         markets are respected ;
 proposed exports, and the need to avoid disturbances
on the Community market ;
                                                                         Whereas the refund to be granted in respect of certain
Whereas Article 6 of Council Regulation ( EEC) No                        processed products should be graduated on the basis
2744/75 of 29 October 1975 on the import and export                      of the ash , crude fibre, tegument, protein , fat and
system for products processed from cereals and from                      starch content of the individual product concerned ,
rice (6), as last amended by Regulation ( EEC) No                        this content being a particularly good indicator of the
                                                                         quantity of basic product actually incorporated in the
(')  OJ  No  L 281 , 1 . 1 1 . 1975,    p.  1.
(2 ) OJ  No  L 94, 8 . 4 . 1978 , p.    9.                               processed product ;
(3 ) OJ  No  L 166 , 2.5 . 6 . 1976 ,   p.  1.
(4)  OJ  No  L 281 , 1 . 1 1 . 1975,    p. 78 .                          ( 7) OJ No L 303 , 28 . 11 . 1977, p . 1 .
(5 ) OJ  No  L 166 , 25 . 6 . 1976,     p. 36 .                          (») OJ No L 181 , 27 . 7 . 1968 , p . 1 .
(6)  OJ  No  L 28 1 , 1 . 1 1 . 1 975 , p. 65 .                          O OJ No L 283 , 24 . 12 . 1971 , p . 30
 ---pagebreak--- No L 117/ 10                         Official Journal of the European Communities                              29 . 4 . 78
Whereas there is no need at present to fix an export                  of these currencies recorded for a given period in
refund for manioc, other tropical roots and tubers or                 relation to the Community currencies referred to
flours obtained therefrom, given the economic aspect                  in the previous subparagraph ;
of potential exports and in particular the nature and
origin of these products ; whereas, for certain products        Whereas the refund must be fixed once a month ;
processed from cereals, the insignificance of Commu­            whereas it may be altered in the intervening period ;
nity participation in world trade makes it unnecessary
to fix an export refund at the present time ;                   Whereas the measures provided for in this Regulation
                                                                are in accordance with the opinion of the Manage­
Whereas the world market situation or the specific              ment Committee for Cereals,
requirements of certain markets may make it neces­
sary to vary the refund for certain products according
to destination ;                                                HAS ADOPTED THIS REGULATION :
Whereas Regulation (EEC) No 2806/71 (!) lays down
additional rules for granting export refunds for certain                                   Article 1
products processed from cereals and rice ;
                                                                The export refunds on the products listed in Article 1
Whereas, if the refund system is to operate normally,           (d) of Regulation (EEC) No 2727/75 and in Article 1
refunds should be calculated on the following basis :           ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
— in the case of currencies which are maintained in             Regulation (EEC) No 2744/75 are hereby fixed as
     relation to each other at any given moment within          shown in the Annex to this Regulation .
     a band of 2-25 % , a rate of exchange based on
     their effective parity ;                                                              Article 2
— for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each           This Regulation shall enter into force on 1 May 1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States . ■
               Done at Brussels, 28 April 1978 .
                                                                             For the Commission
                                                                              Finn GUNDELACH
                                                                                 Vice-President
 (!) OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak---  29. 4. 78                             Official Journal of the European Communities                          No L 117/ 11
                                                              ANNEX
                 to the Commission Regulation of 28 April 1978 fixing the export refunds on products
                                                   processed from cereals and rice
                                                                                                                fu.a. /tonne}
         Number
     in nomenclature                                   Nomenclature in simplified wording                       Refund
     used for refunds
 11.01 C (I)              Barley flour, of an ash content, referred to dry matter, not exceeding 0.9 % by       105.91
                          weight and of a crude fibre content, referred to dry matter, not exceeding
                          0.9 % 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 % by          127.80
                          weight, of a crude fibre content, referred to dry matter, not exceeding 1.8 % 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)                                              0
 11.01 E (I)              Maize flour, of a fat content, referred to dry matter, not exceeding 1.3 % by          90.97
                          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         77.98
                          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)                                 56.53
 11.01 F                  Rice flour                                                                             32-14
 11.02 A III (a)          Barley groats and meal, of an ash content, referred to dry matter, not exceeding      109.44
                          1 % by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 0.9 % 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         127.80
                          2.3 % 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       129-96
                          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          90-97
                          1.3 % by weight and of a crude fibre content, referred to dry matter, nor
                         exceeding 0.8 % by weight (x)
 11.02 A V (c)            Maize groats and meal, of a fat content, referred to dry matter, exceeding             77-98
                          1.3 % 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                                                                    32-14
 11.02 B I a) 1 (aa)     Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not     105.91
                         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) (2)          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       113.60
                         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 a) 2 bb) (22)  Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11) (*)      0
 ---pagebreak--- No L 117/ 12                       Official Journal of the European Communities                           29 . 4. 78
                                                                                                           (u.a. /tonne)
        Number
    in nomenclature                                Nomenclature in simplified wording                      Refund
    used for refunds
11.02 B I b) 1 ( aa)  Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not  105.91
                      exceeding 1 % 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    120.70
                      exceeding 2.3 % weight, of a tegument content not exceeding 0.1 % , of a moisture
                      content not exceeding 11 % 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 (aa)             0
                       ('Grütze' or 'Grutten') (2)
11.02 B II a) ( 1 )   Hulled (shelled or husked) wheat, not sliced or kibbled (2)                             0
11.02 C III ( a)      Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by     141.21
                      weight (without talc) — 1st category (3)
11.02 C III (b)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by     112.97
                      weight (without talc) — 2nd category (8)
11.02 C IV            Pearled oats (3)                                                                        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        105.91
                      weight and of a crude fibre content, referred to dry matter, not exceeding
                      0.9 % by weight
11.02 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 % by      142-00
                      weight, of a tegument content not exceeding 0.1 % , of a moisture content not
                      exceeding 12 % and of which the peroxydase is virtually inactivated
11.02 E lb) 2 (bb)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2.3 % by      113.60
                      weight, of a tegument content exceeding 0.1% but not exceeding 1.5% , 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 lie) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0.9 % by      103.97
                      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        84-47
                      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 % weight
11.02 E II d) 1       Flaked rice                                                                           32-14
11.02 F III           Barley pellets                                                                         —
11.02 F IV            Oat pellets                                                                            —
11.02 FV              Maize pellets                                                                          —
11.02 G I             Wheat germ, whole, rolled, flaked or ground                                           19.80
11.02 G II            Germ of cereals other than wheat, whole, rolled, flaked or ground                     16.25
 ---pagebreak--- 29. 4. 78                                 Official Journal of the European Communities                                          No L 117/ 13
                                                                                                                                    (u.a. /tonne.
          Number
      in nomenclature                                        Nomenclature in simplified wording                                     Refund
      used for refunds
11.07 A I a)                  Unroasted malt, obtained from wheat, in the form of flour                                             104.96
11.07 A II a)                 Unroasted malt, other than that obtained from wheat, in the form of flour                              93.56
11.08 A I                     Maize starch                                                                                           88.87
11.08 A II                    Rice starch                                                                                            19.46
11.08 A III                   Wheat starch                                                                                          140.18
11.08 A IV                    Potato starch                                                                                          88.87
11.08 A V                     Starches other than maize, rice, wheat, or potato starch                                               88.87
11.09 A                       Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                       127-44
                              82 % by weight (N X 6.25)
17.02 B II a)                 Glucose other than glucose containing, in the dry state, 99 % or more by weight                       115-92
                              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 % or more by                            88.87 *
                              weight of the pure product, other than glucose in the form of white crystalline
                              powder, whether or not agglomerated (4)
21.07F II                     Flavoured or coloured glucose and glucose syrup, other than in the form of                             88.87
                              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                       17.19
                              maize or rice of a starch content not exceeding 35 % by weight
23.02 A I b) 2                Brans, sharps and other residues derived from the sifting, milling or working of                       17.19
                              maize or rice, of a starch content exceeding 35 % 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 of                       17-19
                              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 % by weight
23.02 A II b)                 Brans, sharps and other residues derived from the sifting, milling or working of                        17-19
                              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                            110.40
                              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.
m — of which a percentage not exceeding 5 % 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. 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).
(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.