CELEX: 31976R2899
Language: en
Date: 1976-12-01
Title: Commission Regulation (EEC) No 2899/76 of 30 November 1976 fixing the export refunds on products processed from cereals and rice

No L 332/ 10                              Official Journal of the European Communities                                1 . 12. 76
                                    COMMISSION REGULATION (EEC) No 2899/76
                                                       of 30 November 1976
                     fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                       832/76 (7), defines the specific criteria to be taken into
COMMUNITIES,                                                         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 ( ] ), as last amended by              products used to calculate the variable component of
Regulation (EEC) No 1 143/76 (2), and in particular the              the levy ; whereas Article 8 of Regulation (EEC) No
fourth subparagraph of Article 1 6 (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), and in particular the        amount equal to the production refund granted in
fourth subparagraph        of Article 17 (2) thereof,                respect of the basic product ;
Having regard to the opinion of the Monetary
Committee,                                                           Whereas it follows from applying these rules and
                                                                     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
Whereas Article 2 of Council Regulation (EEC) No                     used to determine the variable component of the
2746/75 of 29 October 1975 (4), and Article 2 of                     levy ; whereas the quantities of raw materials used for
Council Regulation (EEC) No 1431 /76 of 21 June                      certain processed products may vary according to the
 1976 (5) laying down general rules for granting export              end use of the product ; whereas, depending on the
refunds on cereals and rice respectively and criteria for            manufacturing process used, products other than the
fixing the amount of such refunds, provide that when                 main product are obtained, the quantity and value of
refunds are being fixed account must be taken of the                 which may vary with the nature and quality of the
existing situation and the future trend with regard to               main products being manufactured ; whereas cumula­
prices and availabilities of cereals, rice and broken rice           tion of the refunds on the various products manufac­
on the Community market on the one hand and                          tured by a single process from the same basic product
prices for cereals, rice and broken rice on the world                may make it possible, in certain cases, to export to
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
and the natural development of prices and trade on                   should therefore be limited to an amount which,
the markets in cereals and rice and, furthermore, to                 while allowing access to the world market, will ensure
 take into account the economic aspect of the                         that the aims of the common organization of the
 proposed exports, and the need to avoid disturbances                 markets are respected ;
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 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 . 11 . 1975, p . 1 .
I2) OJ No L 130. 19. 5. 1976, p. 1 .                                  processed product ;
(3)   OJ  No L 166,  25. 6.   1976, p.  1.
 (4)  OJ  No L 281 , 1 . 11 . 1975, p. 78 .                           (7) OJ No L 100, 14. 4. 1976, p. 1 .
 (5 ) OJ  No L 166,  25. 6.   1976, p. 36.                            (8) OJ No L 181 , 27 . 7 . 1968 , p. 1 .
 (b)  OJ  No L 281 , 1 . 11 . 1975, p. 65 .                           O OJ No L 283, 24. 12. 1971 , p . 30.
 ---pagebreak--- 1 . 12 . 76                           Official Journal of the European Communities                        No L 332/ 11
whereas there is no need at present to fix an export                   relation to the Community currencies referred to
refund for manioc, other tropical roots and tubers or                   in the previous subparagraph ;
flours obtained therefrom, given the economic aspect
                                                                Whereas the refund must be fixed once a month ;
of potential exports and in particular the nature and
origin of these products ; whereas, for certain products        whereas it may be altered in the intervening period ;
processed from cereals, the insignificance of Commu­            Whc.eas the measures provided for in this Regulation
nity participation in world trade makes it unnecessary          are in accordance with the opinion of the Manage­
to fix an export refund at the present time ;                    ment Committee for Cereals,
Whereas the world market situation or the specific
requirements of certain markets may make it neces­               HAS ADOPTED THIS REGULATION :
sary to vary the refund for certain products according
to destination ;
                                                                                           Article 1
Whereas Regulation (EEC) No 2806/71 ( l) lays down
additional rules for granting export refunds for certain        The export refunds on the products listed in Article 1
products processed from cereals and rice ;                      (d) of Regulation (EEC) No 2727/75 and in Article 1
                                                                 ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
Whereas, if the refund system is to operate normally,            Regulation (EEC) No 2744/75 are hereby fixed as
refunds should be calculated on the following basis :            shown in the Annex to this Regulation .
— in the case of currencies which are maintained in
                                                                 However the conditions of Regulation (EEC) No
     relation to each other, at any given moment,                2646/76 relating to malt remain applicable.
     within 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 December
     of these currencies recorded for a given period, in          1976.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 30 November 1976.
                                                                              For the Commission
                                                                                P.J. LARDINOIS
                                                                          Member of the Commission
(') OJ No L 284, 28 . 12. 1971 , p . 9 .
 ---pagebreak--- No L 332/ 12                              Official Journal of the European Communities                             1 . 12. 76
                                                              ANNEX
         Number                                                                                                   Refund in
     In nomenclature                                   Nomenclature in simplified wording                      u.a./metric ton
     uted for refund*                                                                                         (third countriei)
 11.01 C (I)               Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by          58-97
                           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 e/o by           69-66
                           weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 ®/o 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 e/o by          73-55
                          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            63-04
                          exceeding î-7°/o 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)                                    45-70
11.01 F                   Rice flour                                                                                56-44
11.02 A III (a)           Barley groats and meal, of an ash content, referred to dry matter, not exceeding          60-93
                           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            69-66
                          2-3 % by weight, of a tegument content not exceeding 0Ί °/o, of a moisture
                          content not exceeding 11 °/o 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
U.02 A V (a)               Maize groats and meal, of a fat content, referred to dry matter, not exceeding         105-07
                           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            73-55
                       -J
                           1-3 % 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                63-04
                          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                                                                      56-44
11.02 B I a) 1 (aa)       Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not        58-97
                          exceeding 1 °/o 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          61-92
                          exceeding 2-3 °/o by weight, of a tegument content not exceeding 0*5 °/o of a
                          moisture content not exceeding 11 % and of which the Peroxydase is virtually
                          inactivated (*)
1 1.02 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--- 1 . 12. 76                            Official Journal of the European Communities                          No L 332/13
         Number                                                                                                 Refund in
     in nomenclature                               Nomenclature in simplified wording                        u.a./metric ton
     used for refunds                                                                                       (third countries)
11.02 B I b) 1 (aa)     Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not       58-97
                       exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 0-9 % by weight ('Grütze' or 'Grutten') (f)
11.02 B I b) 1 (bb)    Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)               0
                       ('Grütze' or 'Grutten') (2)
                       Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not          65-79
11.02 B I b) 2 (aa)
                       exceeding 2-3 % weight, of a tegument content not exceeding 0· 1 %, of a moisture
                       content not exceeding 11 °/o and of which the Peroxydase is virtually inactivated
                       ('Grütze' òr '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 (')                                  0
11.02 C III ( a)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 ®/o by          78-62
                       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          62-90
                       weight (without talc) — 2nd category (')
11.02 C IV             Pearled oats (®)                                                                             0
11.02 D II             Rye not otherwise worked than kibbled
11.02 E I b) 1 (aa)    Flaked oats, of an ash content, referred to dry matter, not exceeding 1 e/o by            58-97
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-9 ®/o 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·/ο by            77-40
                       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 ®/o by           61-92
                       weight, of a tegument content exceeding 0·1 °/o 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             84-05
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 °/o by weight
                                                                                                                  68-29
ex 11.02 E II c) (2)   Flaked maize, of a fat content, referred to dry matter, not exceeding 1·3 e/o by
                       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 β/ο but not
                       exceeding 1-7 °/o by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 °/o weight
11.02 E II e) 1        Flaked rice                                                                               56-44
11.02 F III            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                                                17-35'
11.02 G II             Gem of cereals other than wheat, whole, rolled, flaked or ground                           13-13
 ---pagebreak--- No L 332/ 14                               Official Journal of the European Communities                                             1 . 12. 76
           Number                                                                                                                   Refund in
      in nomenclature                                        Nomenclature in simplified wording                                  u.a./metric ton
      used for refunds                                                                                                          (third countrie·)
 11.08 A I                    Maize starch                                                                                            71-44
 11.08 A II                   Rice starch                                                                                             63-78
 11.08 A III                  Wheat starch                                                                                           125-62
 11.08 AIV                    Potato starch                                                                                           71-44
 11.08 A V                    Starches other than maize, rice, wheat, or potato starch                                                71-44
 11.09 A                      Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                       228-40
                              82 % 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                       93-.18
                              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                            71-44
                              weight of the pure product, other than glucose in the form of white crystalline
                              powder, whether or not agglomerated (4)
 17.05 B I                                                                                                                            93-18
                              Flavoured or coloured glucose, in the form of white crystalline powder, whether
                              or not agglomerated
 17.05 B II                                                                                                                           71-44
                              Flavoured or coloured glucose and glucose syrup, other than in the form of
                              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                          0
                              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                          0
                              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                             0
                              of 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 °/o by weight
 23.02 A II b)                Brans, sharps and other residues derived from the sifting, milling or working of                          0
                              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                              88-74
                              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,
    — 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. f. 1MI,
    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. 4. IMS.
    p. 46).
(*) Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading 17.02 B I enjoys the same export refund as the sroduct falling
    within subheading 17.02 B II.