CELEX: 31974R2935
Language: en
Date: 1974-11-22 00:00:00
Title: Regulation (EEC) No 2935/74 of the Commission of 21 November 1974 fixing the export levies on cereals

22 . 11 . 74                              Official Journal of the European Communities                           No L 311 / 15
                              REGULATION ( EEC) No 2935 /74 OF THE COMMISSION
                                                       of 21 November 1974
                                                fixing the export levies on cereals
THE COMMISSION OF THE EUROPEAN                                       the market situation for certain processed products, an
COMMUNITIES,                                                         export levy for certain of these products must also be
                                                                     fixed ;
Having regard to the Treaty establishing the European
Economic Community ;
                                                                    Whereas the threshold prices for the 1974/75
Having regard to Council Regulation No 120 /                         marketing year were fixed by Council Regulation
67/ EEC (') of 13 June 1967 on the common organiza­                 ( EEC) No 1 427/74 (5 ) of 4 June 1974, as amended by
tion of the market in cereals, as last amended by Regu­              Regulation ( EEC) No 25 1 8 /74 (6) ;
lation ( EEC) No 1 996/ 74 (2 ) ;
Having regard to Council Regulation ( EEC) No                        Whereas Article 3 of Regulation ( EEC) No 1968 /73
1968 /73 (3 ) of 19 July 1973 laying down general rules              specifies that when the export levy is being fixed
to be applied in the event of the cereals market being               account must be taken of the existing situation and
disturbed , as last amended by Regulation (EEC) No                   the future trend with regard to prices and availabilities
                                                                     of cereals on the Community market on the one hand
676/74 (4 ) and in particular Article 4 ( 2) thereof ;
                                                                     and prices for cereals and cereal products on the word
                                                                     market      on   the  other ; whereas   the  same  article
Having regard to the Opinion of the Monetary                         provides that it is also important to ensure equili­
Committee ;
                                                                     brium and the natural development of prices and
                                                                     trade on cereal markets and furthermore , to take into
Whereas Article 19 of Regulation No 120/67/ EEC                      account the economic aspect of the proposed exports
provides that the necessary measure may be taken if                  and the need to avoid disturbances on the Commu­
the cif price of one or more products is appreciably                 nity market ;
higher than the threshold price and if that situation is
likely to continue thereby disturbing or threatening to
disturb the Community market ;                                       Whereas for the products, other than starches, listed
                                                                     in Article 1 (c) and (d) of Regulation No 120/67/ EEC
Whereas Regulation ( EEC) No 1968 /73 specifies that                 the specific factors set out in Article 3 (2) of Regula­
the cif price may be regarded as appreciably higher                  tion ( EEC) No 1968 / 73 must also be taken into
than the threshold price when it exceeds it by at least              account ;
2 % ; whereas this excess may be regarded as being
likely to continue where an imbalance between supply
and demand is established and where this imbalance                   Whereas the export levy may be varied if the world
is likely to persist having regard to foreseeable produc­            market situation or the specific requirements of
tion and market price trends ;                                       certain markets make this necessary ;
Whereas the high level of prices in international trade
could impede importation of common wheat, barley,                    Whereas, if the levy system is to operate normally, the
rye, oats, maize, millet and sorghum into the Commu­                 following should be used to calculate the levies :
nity or provoke exportation from the Community ;
                                                                     — for currencies the exchange rates for which are
Whereas the situation described above can be said to
                                                                           kept at any given moment within a band of
exist at the present time ; whereas to ensure supplies                     2 25 % , at a conversion rate based on their actual
in the Community an export levy should be intro­                           parity ;
ducted for common wheat, barley, rye, oats, maize,
millet and sorghum ;
                                                                     — for other currencies a conversion rate based on the
Whereas, in view of the relationship between the basic                     arithmetic mean of the spot market rates for each
                                                                           of these currencies against the Community curren­
product and the products processed from it and given
                                                                           cies referred to in the preceding paragraph over a
(') OJ No 117, 19 . 6 . 1967, p. 2269/67 .
                                                                           specified period ;
(2 ) O ] No L 209 , 31 . 7 . 1974, p. 1 .
(>) O'j No L 201 , 21 . 7. 1973, p. 10.                              (5 ) OJ No L 151 , 8 . 6 . 1974, p. 1 .
(«) OJ No L 83 , 28 . 3 . 1974, p. 3 .                               (6) OJ No L 270 , 5 . 10 . 1974, p. 1 .
 ---pagebreak--- No L 311 / 16                     Official Journal of the European Communities                        22. 11 . 74
Whereas it follows from applying the rules outlined          HAS ADOPTED THIS REGULATION :
above to the present situation on the market in                                    Article 1
cereals, and in particular to quotations or prices for
these products within the Community and on the              The export levies referred to in the first indent of
world market, that the export levies, should be fixed       Article 2(1 ) of Regulation (EEC) No 1968/73 are
as shown in the Annex to this Regulation ;                   hereby fixed at the amounts shown in the Annex.
                                                                                  Article 2
Whereas the measures provided for in this Regulation
are in accordance with the Opinion of the Manage­           This Regulation shall enter into force on 22
ment Committee for Cereals,                                  November 1974.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States .
             Done at Brussels , 21 November 1974 .
                                                                      For the Commission
                                                                        P.J. LARDINOIS
                                                                  Member of the Commission
 ---pagebreak--- 22. 11 . 74                                  Official Journal of the European Communities                        No L 311 / 17
                                                                   ANNEX
                 to the Commission Regulation of 21 November 1974 fixing the export levies in the cereals sector
  CCT heading                                                      -   .  .                                              ,     .
        j,j0                                                      Description                                    u . a . /metric ton
ex 10.01 A              Common wheat and meslin , excluding officially certified seeds (')                                75-00
ex 10.02                Rye, excluding officially certified seeds (*)                                                      10-00
ex 10.03                Barley, excluding officially certified seeds (*)                                                 55-00
ex 10.04                Oats, excluding officially certified seeds (*)                                                   30-00
   10.05 B              Maize other than hybrid maize for sowing                                                          6000
    10.07 B             Millet                                                                                           30-00
   10.07 C              Grain sorghum                                                                                    45-00
ex 11.01 A              Wheat flour                                                                                      42-00
   11.02 A I a )        Durum wheat groats and meal
   11.02 A lb )         Common wheat groats and meal                                                                     42-00
   11.01                Flour of cereals :
                        C. Barley flour                                                                                     7-50
                         D. Oat flour                                                                                       4-50
                         E. Maize flour :
                              I. Of a fat content not exceeding 1-5 °/o by weight                                           9-00
                             II . Other                                                                                  36-00
                         H. Millet flour                                                                                  18-00
                         K. Grain sorghum flour                                                                          27-00
    1 1.02               Cereal groats and cereal meal ; other worked cereal grains ( for example, rolled ,
                         flaked , polished , pearled or kibbled , but not further prepared ), except husked ,
                        glazed, polished or broken rice ; germ of cereals, whole, rolled , flaked or ground :
                         A. Cereal groats and cereal meal :
                                  II . Rye                                                                                12-00
                                 III . Barley :
                                       a ) Of an ash content not exceeding 1 % by weight                                    7-50
                                       b) Barley groats and meal not included under No 11.02 A III a )                   30-00
                                 IV . Oats :
                                       a) Of an ash content not exceeding 2-3 °/e by weight                                 4-50
                                       b) Oat groats and meal not included under No 11.02 A IV a )                        18-00
 ---pagebreak--- No L 311 / 18                         Official Journal of the European Communities                   22. 11 . 74
   CCT heading                                             -    . .                                         .
                                                           Description                              u . a . / metric to*
11.02                 V. Maize :
t cont'd)
                            a) Of a fat content not exceeding 1-5 °/o by weight :
                                 1 . For the brewing industry                                                  9-00
                                 2. Other                                                                      9-00
                            b) Other                                                                          36-00
                  VIII . Millet                                                                               18-00
                     IX. Grain sorghum                                                                        27-00
               B. Hulled grains (shelled or husked), whether or not sliced or kibbled :
                   I. Barley, oats, buckwheat and millet :
                         a ) hulled (shelled or husked) :
                             1 . Barley (*)                                                                   30-00
                             2. Oats :
                                  aa ) Clipped oats                                                           18-00
                                   bb) Other :
                                       ( 11 ) Of an ash content not exceeding 2-3 °/o by weight (*.             4-50
                                        ( 22) Other (2)                                                        18-00
                             4. Millet                                                                         18-00
                          b) Hulled and sliced or kibbled ('Griitze or grutten') :
                              1 . Barley (»)                                                                   30-00
                              2 . Oats :
                                   aa) Of an ash content not exceeding 2-3 % by weight (®)                      4-50
                                   bb) Other (2)                                                               18-00
                              4 . Millet (*)                                                                   18-00
                   II . Other cereals :
                          a) Wheat (J)                                                                         45-00
                          b) Rye (•)                                                                           12-00
                          c) Maize (l)                                                                         36-00
                          d ) Grain sorghum (*)                                                                27-00
                C. Pearled grains :
                         I. Wheat (»}                                                                          45-00
                        II. Rye (3)                                                                            12-00
                       III. Barley :
                              a) Of an ash content (without talc) not exceeding 1 % by weight —
                                   1st category (s)                                                             7-50
                              b) Other (3)                                                                     30-00
                       IV. Oats (3)                                                                            18-00
                        V. Maize (8)                                                                           36-00
                      VII . Millet (»)                                                                         18-00
                    VIII . Grain sorghum                                                                       27-00
 ---pagebreak--- 22. 11 . 74                         Official Journal of the European Communities No L 311 / 19
  CCT heading
      No                                                Description              u. x . /met rie ton
11.02         D. Grains not otherwise worked than kibbled :
(cont'd)               I. Wheat                                                          45-00
                      H. Rye                                                             12-00
                     III . Barley                                                        30-00
                     IV . Oats                                                           18-00
                      V. Maize                                                           36-00
                    VII . Millet                                                         18-00
                  VIII . Grain sorghurp                                                  27-00
              K. Rolled grains ; flaked grains :
                   I. Barley, oats, buckwheat and millet :
                         a ) Rolled :
                              1 . Barley                                                 30-00
                              2 . Oats                                                   18-00
                              4 . Millet                                                 18-00
                         b) Flaked :
                              1 . Barley                                                   7-50
                              2 . Oats                                                     4-50
                              4 . Millet                                                  18-00
                  II . Other cereals :
                          a ) Wheat                                                       45-00
                          b ) Rye                                                         12-00
                          c) Mai /.e                                                      36-00
                          d ) Grain sorghnm                                               27-00
               F. Pellets :
                         I. Wheat                                                         45-00
                        II . Rye                                                          12-00
                      III . Barley                                                        30-00
                      IV . Oats                                                           18-00
                        V. Maize                                                          36-00
                   VIII . Millet                                                          18-00
                      IX . Grain sorghum                                                  27-00
               G. Germ of cereals, whole, rolled , flaked or grouno
                    I. Wheat                                                               11-25
                   II. Other                                                                9-00
 ---pagebreak--- No L 311/20                     Official Journal of the European Communities                         22. 11 . 74
 CCT heading
      Ho                                               Description                                  u. a. /metric to·
W 07         Malt, roasted or not :
             Λ . Un ro as-te d :
                  I. Obtained from wheat :
                       a ) In the form of flout                                                            11-25
                       b) Other                                                                            11-25
                 II . Other :
                       a ) In the form of flour                                                             8-25
                       b) Other                                                                             8-25
             B. Roasted                                                                                     8-25
11.01        Bran, sharps and other residues derived from the sifting, milling or working of
             cereals or of leguminous vegetables :
             A. Of cereals :
                   I. Of maize :
                        a) With a starch content not exceeding 35 % by weight                              22-20
                        b) Other :
                            1 . With a starch content exceeding 35 % but not exceeding 45 % by
                                weight, and having undergone a denaturing process                          22-20
                            2. Other                                                                       22-20
                  II . Of other cereals :
                        a) Of which the starch content does not exceed 28 % by weight, and of
                            which the percentage which passes through a sieve with an aperture of
                            0-2 mm does not exceed 10 % by weight or of which the sieved pro­
                            duct has an ash content, calculated on the dry product, of 1-5 % or
                            more by weight                                                                 22-20
                        b ) Other                                                                          22-20
 M./T7        Sweetened forage, other preparations of a kind used in animal feeding :
              B. Other, containing starch , glucose or glucose syrup falling wiithin subheading   I
                  Nos 17.02 B and 17.05 B, or milk products, mixed with other products too :
                  ex I. Preparations of a kind used in animal feeding, covered by Regulation
                            (EEC) No 968/68 , of a milk powder content of less than 50% by weight
                            and of cereal products (4) content by weight :
                            — Exceeding 5 % but not exceeding 15 %                                           2-40
                            — Exceeding 15 % but not exceeding 30 %                                          6-00
                            — Exceeding 30% but not exceeding 50 %                                           9-60
                            — Exceeding 50 % but not exceeding 65 %                                         14-40
                            — Exceeding 65 *!t                                                              18-00
 ---pagebreak--- 22. 11 . 74                                          Official Journal of the European Communities                                        No L 311/21
 (') Officially certified seeds are understood to be those seeds contained in the packages officially sealed and officially labelled as " basic seed",
      'certified seed , first generation ', ' certified seed , second generation ' conforming to the provisions of the Council Directive of 14 June 1966
      on the marketing of cereal seed fO J No 125 , 11 . 7 . 1966 , p. 2309/66) and of the Council Decision of 26 March 1973 on the equivalence of
      seed produced in Denmark , Ireland and the United Kingdom ( OJ No L 106, 20. 4. 1973, p. 12).
 (') Hulled grains are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821 /68 (OJ .No L 149, 29. 6. 1968 , p. 46).
 (') Pearled grains are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149 , 29. 6. 1968, p. 46).
(4) 'Cereals products ' means the products falling within Chapter 10 and heading Nos 11.01 and 11.02 (excluding subheading No 11.02 G) of
     the Common Customs Tariff.