CELEX: 31973R3241
Language: en
Date: 1973-12-01 00:00:00
Title: Regulation (EEC) No 3241/73 of the Commission of 30 November 1973 fixing the export refunds on products processed from cereals and rice

No L 331 / 16                              Official Journal of the European Communities                                1 . 12 . 73
                                REGULATION ( EEC) No 3241 /73 OF THE COMMISSION
                                                         of 30 November 1973
                             fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                       thermore, to take into account the economic aspect
COMMUNITIES ,                                                        of the proposed exports and the need to avoid distur­
                                                                     bances on the Community market ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                            Whereas Article 6 of Council Regulation (EEC) No
Having regard to Council Regulation No 120/67/                        1052/68 (9) of 23 July 1968 on the import and ex­
EEC H of 13 June 1967 on the common organiza­                         port system for products processed from cereals and
tion of the market in cereals, as last amended by                    from rice, as last amended by Regulation (EEC) No
Regulation ( EEC ) No 1346/73 (2 ), and in particular                 881 /73 ( 10 ), defines the specific criteria to be taken
the first sentence of the fourth subparagraph of                     into account when the refund on these products is
                                                                     being calculated ;
Article 16 ( 2 ) thereof ;
Having regard to Council Regulation No 359/67/                       Whereas, on the basis of the criteria laid down in
EEC (3) of 25 July 1967 on the common organiza­                      Regulation ( EEC) No 1052/68 , particular account
tion of the market in rice, as last amended by the                   should be taken of the prices and quantities of basic
Act ( 4) annexed to the Treaty (5 ) on the Accession                 products used to calculate the variable component
of new Member States to the European Economic                        of the levy ; whereas, therefore, as is laid down for
Community and the European Atomic Energy Com­                        the determination of the variable component, ac­
munity, signed at Brussels on 22 January 1972, and                   count should be taken of the average of the levies
in particular the first sentence of the fourth sub­                  on the basic products concerned during a representa­
paragraph of Article 17 ( 2 ) thereof ;                              tive period, namely the first twenty-five days of the
                                                                      month preceding the month of exportation ; whereas
Having regard to the Opinion of the Monetary                         this average should be adjusted for the threshold
Committee ;                                                           price for these basic products which will be in
                                                                      force during the month of exportation ; whereas Art­
Whereas Article 16 of Regulation No 120/67/EEC                        icle 8 of Regulation ( EEC ) No 1052/68 and Article
and Article 17 of Regulation No 359/67/EEC pro­                        1 of Regulation ( EEC ) No 1077/68 ( n ), amended by
vide that the difference between quotations or prices                 Regulation ( EEC) No 2764/71 ( 12), provide that
on the world market for the products listed in Ar­                    the amount of the export refund should , for certain
ticle 1 of those Regulations and prices for those                     products, be reduced by an amount equal to the pro­
products within the Community may be covered                         duction refund granted in respect of the basic pro­
by an export refund ;                                                duct ;
Whereas Article 2 of Council Regulation No 139/67/                    Whereas it follows from applying these rules and cri­
EEC ( 6) of 21 June 1967 and Article 2 of Council                     teria to the present situation on the market in pro­
Regulation No 366/67/ EEC ( 7 ) of 25 July 1967 lay­                  ducts processed from cereals and rice that the export
ing down general rules for granting export refunds                    refund should be fixed at an amount which will
on cereals and rice respectively and criteria for fix­                cover the difference between Community prices and
ing the amount of such refunds , as amended by Reg­                   world market prices ;
 ulation No 1019/67 EEC ( 8), provide that when re­
funds are being fixed account must be taken of the                   Whereas when the refund is being calculated ac­
existing situation and the future trend with regard                   count should be taken of the quantities of raw mate­
to prices and availabilities of cereals , rice and                    rials used to determine , the variable component of
broken rice on the Community market on the one                        the levy ; whereas the quantities of raw materials
hand and prices for cereals, rice and broken rice on                  used for certain processed products may vary accord­
the world market on the other ; whereas the same                      ing to the end use of the product ; whereas, depend­
Articles provide that it is also important to ensure                  ing on the manufacturing process used, products
equilibrium and the natural development of prices                     other than the main product are obtained , the quan­
and trade on the markets in cereals and rice and , fur­               tity and value of which may vary with the nature
                                                                      and quality of the main products being manufac­
                                                                      tured ; whereas cumulation of the refunds on the
 (') OJ No 117, 19.6 . 1967, p . 2269/67.                             various products manufactured by a single process
 («) OJ No L 141 , 28 . 5 . 1973 , p . 8 .                            from the same basic product may make it possible,
(») OJ No 174, 31.7. 1967, p . 1 .
 («) OJ No L 73 , 27. 3 . 1972, p . 14 .
 {») OJ  No L 73 , 27. 3 . 1972, p. 5 .                                (")   OJ No L 179, 25.7. 1968 , p . 8 .
 (•) OJ  No  125 , 26. 6. 1967, p. 2453/67.                           ( ,0)  OJ No L 86 , 31 . 3 . 1973 , p . 30 .
{')  OJ  No  174, 31.7. 1967, p . 34.                                 (")    OJ No L 181 , 27.7. 1968 , p . 1 .
(s)  OJ  No  311 , 21 . 12 . 1967, p. 13 .                            ( ,! ) OJ No I. 283 , 24 . 12 . 1971 , p . 30.
 ---pagebreak---   1 . 12 . 73                          Official Journal of the European Communities                          No L 331 / 17
 in certain cases, to export to third countries at prices        Whereas, if the refund system is to operate normally,
 which are lower than world market prices ; whereas               refunds should be calculated on the following basis :
 the refund on certain products should therefore be
limited to an amount which, while allowing access                — in the case of currencies which are maintained in
to the world market, will ensure that the aims of the                  relation to each other, at any given moment,
 common organization of the 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 cer­
tain processed products should be graduated on the               — for other currencies an exchange rate based on
basis of the ash, crude fibre, tegument, protein , fat                 the arithmetic mean of the spot market rates
and starch content of the individual product con­                      of each of these currencies recorded for a given
cerned, this content being a particularly good indica­                 period, in relation to the Community currencies
tor of the quantity of basic product actually incor­                   referred to in the previous subparagraph ;
porated in the 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               Whereas the measures provided for in this Regula­
or flours obtained therefrom, given the economic                 tion are in accordance with the Opinion of the Man­
aspect of potential exports and in particular the                agement Committee for Cereals :
nature and origin of these products ; whereas, for cer­
tain products processed from cereals, the insignifi­             HAS ADOPTED THIS REGULATION :
cance of Community participation in world trade
makes it unnecessary to fix an export refund at the                                        Article 1
present time ;
                                                                 The export refunds on the products listed in Article
Whereas the world market situation or the specific               1 (d) of Regulation No 120/67/EEC and in Article
requirements of certain markets may make it neces­               1 ( 1 ) (c) of Regulation No 359/67/EEC and subject
sary to vary the refund for certain products accord­             to Regulation ( EEC ) No 1052/68 are hereby fixed as
ing to destination ;                                             shown in the Annex to this Regulation .
Whereas* Regulation ( EEC) No 2806/71 (*) lays                                             Article 2
down additional rules for granting export refunds
for certain products processed from cereals and                  This Regulation shall enter into force on 1 Decem­
rice ;                                                           ber 1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 November 1973 .
                                                                             For the Commission
                                                                               P.J. LARDINOIS
                                                                         Member of the Commission
(«) OJ No L 284, 28 . 12 . 1971 , p. 9.
 ---pagebreak---  No L 331 / 18                            Official Journal of the European Communities                                 1 . 12 . 73
                                                               ANNEX
           Number                                                                                                     Refund in
      in nomenclature                                   Nomenclature in simplified wording                           u.a. /lOO k;
      used for refunds                                                                                            (third countries)
 11.01 C ( I )               Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by               0
                             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
                             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
 i 1.01 D ( II )             Oat flour not included under No 11.01 D ( I )
 1 1.01 E (I )               Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 % by
                            weight and of a crude fibre content, referred to dry matter, not exceeding
                             0-8 °/o by weight
 11.01 E ( II )              Maize flour, of a fat content, referred to dry matter, exceeding 1-3 % but not
                            exceeding 1*7 °/o 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 )
11.01 F                      Rice flour
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               0
                             1 °/o by weight and of a crude fibre content, referred to dry matter, not exceeding
                            0-9 %> by weight
11.02 A HI (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
                            2-3 °/o by weight, of a tegument content not exceeding 0-1 °/o, of a moisture con­
                            tent 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 )
11.02 A V ( a )             Maize groats and meal, of a fat content, referred to dry matter, not exceeding
                            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
                            1-3 % by weight and of a crude fibre content, referred to dry matter, not
                            exceeding 0-8 % by weight (')
11.02 A V (c )              Maize groats and meal, of a fat content, referred to dry matter, exceeding
                            1-3 % 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 ( 1 )
11.02 A VI                  Rice groats and meal
11.02 B I a ) 1 ( aa )      Hulled (shelled or husked ) barley, of an ash content, referred to dry matter, not            0
                            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 la) 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
                            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 (2)
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 ) (•)
 ---pagebreak---   1 . 12. 73                             Official Journal of rhe European Communities                          No L 331 / 19
           Number                                                                                                  Refund in
       in nomenclature                                       Nomenclature in simplified wording                   u.a. /lOO kg
      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          0
                           exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                          not exceeding 0-9 % by weight (' Griitze' 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
                          (' Griitze' or ' Grutten') ( 2)
  11.02 Bib ) 2 ( aa )    Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not
                          exceeding 2-3 % weight, of a tegument content not exceeding 0-1 °/o, of a moisture
                          content not exceeding 11 % and of which the peroxydase is virtually inactivated
                          (' Griitze' 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 )
                          (' Griitze ' or ' Grutten ') ( 2 )
 1 1.02 B II a ) ( t )    Hulled ( shelled or husked ) wheat, not sliced or kibbled (*)
  11.02 C III ( a )       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by               0
                          weight ( without talc ) — 1st category (s )
 11.02 C III ( b )        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by               0
                          weight (without talc) — 2nd category (s)
 11.02 C IV               Pearled oats (s )
 11.02 D II              Rye not otherwise worked than kibbled
 1 1.02 E lb ) I ( aa )   Flaked oats, of an ash content, referred to dry matter, not exceeding I % by                  0
                          weight and of a crude fibre content, referred to dry matter, not exceeding
                          0-9 % by weight
 11.02 E lb ) 1 ( bb )    Flaked barley not included under 11.02 E I b ) 1 ( aa)                                        0
 1 1.02 E lb ) 2 ( aa )   Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 %> by
                         weight, of a tegument content not exceeding 0-1 %>, of a moisture content not
                         exceeding 12% and of which the peroxydase is virtually inactivated
 1 1.02 E lb ) 2 ( bb )  Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by
                         weight, of a tegument content exceeding 0-1 °/o but not exceeding 1;5%, of a
                         moisture content not exceeding 12% and of which the peroxydase is virtually
                         inactivated
 11.02 E lb ) 2 ( cc )   Flaked oats not included under Nos 11.02 E I b ) 2 ( aa ) and 1 1.02 E I b ) 2 ( bb )
ex 11.02 F. II c ) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0 9 % by
                         weight and of a crude fibre content, referred to dry matter, not exceeding
                         0-7 % by weight
ex 11.02 E 11 c ) ( 2 )  Flaked maize, of a fat content , referred to dry matter, not exceeding 1-3 °/o by
                         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 EII e) 1           Flaked rice
11.02 Fill               Barley pellets
11.02 F IV               Oat pellets
11.02 F V                Maize pellets
11.02 G 1                wheat germ , whole , rolled , flaked or ground
11.02 G II               Germ of cereals other than wheat, whole , rolled , flaked or ground
11.07 A I a )            Unroasted malt , obtained from wheat, in the form of flour
 ---pagebreak---  No L 331 /20                                Official Journal of the European Communities                                           1 . 12 . 73
            Number                                                                                                                 Refund in
       in nomenclature                                         Nomenclature in simplified wording                                 u. a./100 k;
       used for refunds                                                                                                        (third countrie·)
11.07 Alb)                       Unroasted malt, obtained from wheat , other than in the form of flour
 11.07 All a )                  Unroasted malt, other than that obtained from wheat, in the form of flour                               0
11.07 All b )                   Unroasted malt, other than that obtained from wheat, other than in the form                             0
                                of flour
11.07 B                          Roasted malt                                                                                           0
11.08 AI                         Maize starch                                                                                          —
11.08 AIIl                       Wheat starch                                                                                          —
11.08 AIV                        Potato starch                                                                                         —
11.08 A V                       Starches other than maize, rice, wheat, or potato starch                                               —
11.09 A                         Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                        —
                                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                      —
                                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
                                weight of the pure product, other than glucose in the form of white crystalline
                                powder, whether or not agglomerated (4)
17.05 B I                       Flavoured or coloured glucose, in the form of white crystalline powder, whether                        —
                                or not agglomerated
17.05 B II                       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                       —
                                maize or rice of a starch content not exceeding 35 %> by weight
2.3.02 A I b ) I                 Brans, sharps and other residues derived from the sifting, milling or working of
                                maize or rice, of a starch content exceeding 35 °/o but not exceeding 45 %> by
                                weight, and having undergone a denaturing process
23.02 A I b) 2                   Brans, sharps and other residues derived from the sifting, milling or working of
                                 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 Λ II a )                   Brans, sharps and other residues derived from the sifting, milling or working
                                 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 % by weight
23.02 A II h )                   Brans , sharps and other residues derived from the sifting, milling or working of                     —
                                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
                                steeping liquors), of a protein content, calculated on dry matter, not exceeding
                                63 °/o 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 °/o of product passes thro ugh 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 . i- 1MH.
     p. 46).
(•) ' Pearled grains ' are grains corresponding <o the definition given in the Annex to Regulation jEEC) No 821 /68 (OJ No L 149, 29. f. 1WI.
     p. 46 ).
 (') Pursuant to Regulation No 189/66/ EEC the product falling within subheading No 17.02 B I enjoys the same export refund as the product ftl­
     ling within subheading No 17.02 B II .