CELEX: 31985R2175
Language: en
Date: 1985-08-01 00:00:00
Title: Commission Regulation (EEC) No 2175/85 of 26 July 1985 fixing the export refunds on products processed from cereals and rice

No L 203 /46                              Official Journal of the European Communities                                    1 . 8 . 85
                                      COMMISSION REGULATION (EEC) No 2175/85
                                                           of 26 July 1985
                     fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN
                                                                     Whereas Article 6 of Council Regulation (EEC) No
COMMUNITIES,                                                         2744/75 of 29 October 1975 on the import and export
                                                                     system for products processed from cereals and from
Having regard to the Treaty establishing the European                rice Q, as last amended by Regulation (EEC) No
 Economic Community,                                                 1027/84 (8), defines the specific criteria to be taken
                                                                     into account when the refund on these products is
                                                                     being calculated ;
Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organ­
ization of the market in cereals ('), as last amended by
Regulation (EEC) No 1018 /84 (2), and in particular the              Whereas, on the basis of the criteria laid down in
fourth subparagraph of Article 16 (2) thereof,                       Regulation (EEC) No 2744/75, particular account
                                                                     should be taken of the prices and quantities of basic
Having regard to Council Regulation (EEC) No                         products used to calculate the variable component of
 1418 /76 of 21 June 1976 on the common organization                 the levy ; whereas Article 8 of Regulation (EEC) No
of the market in rice (3), as last amended by Regulation             2744/75 and Article 1 of Regulation (EEC) No
(EEC) No 1025/84 (4), and in particular the fourth                   1077/68 (9), as amended by Regulation (EEC) No
subparagraph of Article 17 (2) thereof,                              2764/71 (l0), provide that the amount of the export
                                                                     refund should, for certain products, be reduced by an
                                                                     amount equal to the production refund granted in
Having regard to the opinion of the Monetary                         respect of the basic products ;
Committee,
Whereas Article 16 of Regulation (EEC) No 2727/75                    Whereas it follows from applying these detailed rules
and Article 17 of Regulation (EEC) No 1418 /76                       to the present situation on the market in products
provide that the difference between quotations or                    processed from cereals and rice that the export refund
prices on the world market for the products listed in                should be fixed at an amount which will cover the
Article 1 of those Regulations and prices for those                  difference between Community prices and world
products within the Community may be covered by an                   market prices ;
export refund ;
Whereas Article 2 of Council Regulation (EEC) No
2746/75 of 29 October 1975 (■s), and Article 2 of                    Whereas when the refund is being calculated account
Council Regulation (EEC) No 1431 /76 of 21 June                      should be taken of the quantities of raw materials used
 1976 (6) laying down general rules for granting export              to determine the variable component of the levy ;
 refunds on cereals and rice respectively and criteria for           whereas the quantities of raw materials used for certain
fixing the amount of such refunds, provide that when                 processed products may vary according to the end use
refunds are being fixed account must be taken of the                 of the product ; whereas, depending on the manufac­
existing situation and the future trend with regard to               turing process used, products other than the main
prices and availabilities of cereals, rice and broken rice           product are obtained, the quantity and value of which
on the Community market on the one hand and                          may vary with the nature and quality of the main
prices for cereals, rice, broken rice and cereal products            products being manufactured ; whereas cumulation of
on the world market on the other ; whereas the same                  the refunds on the various products manufactured by a
Articles provide that it is also important to ensure                 single process from the same basic product may make
equilibrium and the natural development of prices and                it possible, in certain cases, to export to third countries
trade on the markets in cereals and rice and , further­              at prices which are lower than world market prices ;
 more, to take into account the economic aspect of the               whereas the refund on certain products should there­
 proposed exports, and the need to avoid disturbances                fore be limited to an amount which , while allowing
                                                                     access to the world market, will ensure that the aims of
on the Community market ;
                                                                     the common           organization        of   the markets     are
                                                                     respected ;
(')  OJ No  L  281 ,  1 . 11 . 1975,  p. 1.
(2)  OJ No  L  107,   19 . 4.  1984,  p. 1.
(')  OJ No  L  166,   25. 6.   1976,  p. 1.                          o OJ    No  L 281 ,   1 . 11 . 1975, p . 65 .
(4)  OJ No  L  107,   19 . 4 . 1984,  p. 13 .                        (") OJ  No  L 107,    19 . 4 . 1984, p . 15 .
O    OJ No  L  281 ,  1 . 11 . 1975,  p. 78 .                        O OJ    No  L 181 ,  27 . 7 . 1968 , p . 1 .
(<■) OJ No  L  166,   25 . 6.  1976 , p. 36 .                        ('") OJ No   L 283 ,   24 . 12. 1971 , p . 30.
 ---pagebreak---  1 . 8 . 85                          Official Journal of the European Communities                          No L 203/47
Whereas the refund to be granted in respect of certain                No 974/71 (2), as last amended by Regulation (EEC)
 processed products should be graduated on the basis of               No 855/84 (3),
 the ash, crude fibre, tegument, protein, fat and starch       — for other currencies, an exchange rate based on the
 content of the individual product concerned, this                    arithmetic mean of the spot market rates of each of
 content being a particularly good indicator of the                   these currencies recorded for a given period in
 quantity of basic product actually incorporated in the               relation to the Community currencies referred to
 processed product ;                                                  in the previous indent, and the aforesaid coeffi­
Whereas there is no need at present to fix an export                  cient ;
refund for manioc, other tropical roots and tubers or          Whereas the refund must be fixed once a month ;
flours obtained therefrom, given the economic aspect
of potential exports and in particular the nature and          whereas it may be altered in the intervening period ;
origin of these products ; whereas, for certain products       Whereas the Management Committee for Cereals has
processed from cereals, the insignificance of Commu­           not delivered an opinion within the time limit set by
nity participation in world trade makes it unnecessary         its chairman ,
to fix an export refund at the present time ;
Whereas the world market situation or the specific
requirements of certain markets may make it necessary          HAS ADOPTED THIS REGULATION :
to vary the refund for certain products according to
destination ;
                                                                                           Article 1
Whereas Regulation (EEC) No 2806/71 (') 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
      relation to each other at any given moment within                                    Article 2
      a band of 2,25 % , a rate of exchange based on
      their central rate, multiplied by the coefficient        This Regulation shall enter into force on 1 August
      provided for in Article 2b (2) of Regulation (EEC)       1985 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 26 July 1985 .
                                                                            For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
                                                               (2) OJ No L 106, 12. 5 . 1971 , p . 1 .
(') OJ No L 284, 28 . 12. 1971 , p. 9 .                         3 OJ No L 90 , 1 . 4. 1984, p. 1 .
 ---pagebreak--- No L 203 /48                        Official Journal of the European Communities                                    1 . 8 . 85
                                                            ANNEX
                to the Commission Regulation of 26 July 1985 fixing the export refunds on products
                                             processed from cereals and rice
                                                                                                                 (ECU/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          62,25
                          weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                          weight
   11.01 C (II)           Barley flour not included under No 11.01 C (I)                                            —
   11.01 D (I)            Oat flour, of an ash content, referred to dry matter, not exceeding 2,3 % by weight,     48,33
                          of a crude fibre content, referred to dry matter, not exceeding 1 ,8 % by weight, of a
                          moisture content not exceeding 1 1 % and of which the peroxydase is virtually
                          inactivated
   11.01 D ( II)          Oat flour not included under No 11.01 D (I)                                               —
   11.01 E (I)            Maize flour, of a fat content, referred to dry matter, not exceeding 1,3 % by weight     75,53
                          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            —
                          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)                                   —
  11.01 F                 Rice flour                                                                                —
  11.02 A III (a)         Barley groats and meal, of an ash content, referred to dry matter, not exceeding         64,32
                          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)                              —
  11.02 A IV (a)          Oat groats and meal, of an ash content, referred to dry matter, not exceeding 2,3 %      48,33
                          by weight, of a tegument content not exceeding 0,1 % , of a moisture content not
                          exceeding 1 1 % 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)                                  —
  1 1.02 A V (a)          Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0,9 %     97,11
                          by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                          weight (') 0
  11.02 A V(b)            Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1,3 %     75,53
                          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      64,74
                          weight but not exceeding 1,7 % by weight and of a crude fibre content, referred to
                          dry matter, not exceeding 1 % by weight (') (^
  11.02 A VI              Rice groats and meal                                                                      —
  1 1 .02 B I a) 1 (aa)   Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not        62,25
                          exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 0,9 % by weight (2)
  1 1 .02 B I a) 1 (bb)   Hulled (shelled or husked) barley not included under No 1 1 .02 B I a) 1 (aa) (2)         —
  1 1 .02 B I a) 2 (aa)   Clipped oats                                                                             —
 ---pagebreak--- 1 . 8 . 85                               Official Journal of the European Communities                                No L 203/49
                                                                                                                        (ECU/tonne)
            Number
       in nomenclature                                     Nomenclature in simplified wording                            Refund
       used for refunds
     11.02 B I a) 2 bb) (1 1 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not            42,96
                               exceeding 2,3 % by weight, of tegument content not exceeding 0,5 % of a
                               moisture content not exceeding 1 1 % 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 1 1.02 B I a) 2 bb) (1 1 ) (2)       —
     1 1 .02 B I b) 1 (aa)     Hulled and sliced or- kibbled barley, of an ash content, referred to dry matter, not       62,25
                               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 1 1 .02 B I b) 1 (aa)            —
                               ('Grütze' or 'Grutten') (2)
     1 1 .02 B I b) 2 (aa)     Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not          45,64
                               exceeding 2,3 % by weight, of a tegument content not exceeding 0,1 % , of a
                               moisture content not exceeding 1 1 % and of which the peroxydase is virtually
                               inactivated ('Grütze' or 'Grutten') (2)
     1 1 .02 B I b) 2 (bb)     Hulled and sliced or kibbled oats not included under No 1 1 .02 B I b) 2 (aa)               —
                               ('Grütze' or 'Grutten') (2)
     1 1.02 B II a) ( 1 )      Hulled (shelled or husked) wheat, not sliced or kibbled (2)                                 —
     1 1.02 B II c) (1 )       Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not           80,92
                               exceeding 0,9 % by weight and of a crude fibre content, referred to dry matter, not
                               exceeding 0,6 % by weight ('Gruetze' or 'Grutten') (2) (7)
     1 1.02 B lie) (2)         Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not           62,04
                               exceeding 1 ,3 % by weight and of a crude fibre content, referred to dry matter, not
                               exceeding 0,8 % by weight ('Gruetze' or 'Grutten ') (2) Q
     1 1.02 C III (a)          Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by            83,00
                               weight (without talc) — 1st category ^)
     1 1.02 C III (b)          Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by            66,40
                               weight (without talc) — 2nd category (3)
     11.02 CIV                 Pearled oats (')                                                                            —
     1 1.02 D I                Wheat not otherwise worked than kibbled                                                    27,00
     1 1.02 D II               Rye not otherwise worked than kibbled                                                      32,00
     1 1 .02 E I b) 1 (aa)      Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by            62,25
                               weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                               weight
     1 1 .02 E I b) 1 (bb)      Flaked barley not included under 1 1 .02 E I b) 1 (aa)                                     —
     1 1 .02 E I b) 2 (aa)      Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by            53,70
                               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 I b) 2 (bb)     Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by             42,96
                               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
     1 1.02 E I b) 2 (cc)       Flaked oats not included under Nos 1 1 .02 E I b) 2 (aa) and 1 1 .02 E I b) 2 (bb)         —
ex 1 1.02 E II c) ( 1 )         Flaked maize, of a fat content, referred to dry matter, not exceeding 0,9 % by            86,32
                               weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                               weight
 ---pagebreak--- No L 203/ 50                      Official Journal of the European Communities                                  1 . 8 . 85
                                                                                                             (ECU/tonne)
            Number
       in nomenclature                             Nomenclature in simplified wording                         Refund
       used for refunds
ex 1 1 .02 E II c) (2)  Flaked maize, of a fat content, referred to dry matter, not exceeding 1,3 % by         70,14
                        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 % by weight
    11.02 E II d) 1     Flaked rice                                                                             —
    11.02 F III         Barley pellets                                                                          —
    11.02 F IV          Oat pellets                                                                             —
    11.02 F V           Maize pellets                                                                           —
    1 1.02 G I          Wheat germ, whole, rolled, flaked or ground                                              8,61
    1 1.02 G II         Germ of cereals other than wheat, whole, rolled, flaked or ground                      13,49
    11.07 A I a)        Unroasted malt, obtained from wheat, in the form of flour                              61,29
    11.07 A II a)       Unroasted malt, other than that obtained from wheat, in the form of flour              73,87
    11.08 A I           Maize starch (5)                                                                       55,61
    11.08 A II          Rice starch (*)                                                                        93,92
    11.08 A III         Wheat starch (*)                                                                       14,61
    1 1 .08 A IV        Potato starch (6)                                                                      55,61
    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, of 82 % or more      17,80
                        by weight (N X 6,25)
    17.02 B II a)       Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %      72,53
                        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)       Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­       55,61
                        ing, 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)
    17.02 F II a)       Caramel, other than caramel containing 50 % or more by weight of sucrose in the        75,99
                        dry matter, in the form of powder, whether or not agglomerated
    17.02 F lib)        Caramel, other than caramel containing 50 % or more by weight of sucrose in the        52,85
                        dry matter, other than in the form of powder
    21.07 F 11          Flavoured or coloured glucose syrup, and malto-dextrine syrup                          55,61
    23.02 A I a)        Brans sharps and other residues derived from the sifting, milling or working of        10,39
                        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       10,39
                        maize or rice, of a starch content exceeding 35 % by weight, and not having under­
                        gone 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       10,39
                        cereals other than 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       10,39
                        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             27,64
                        steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                        by weight (N x 6,25)
 ---pagebreak---  1 . 8 . 85                             Official Journal of the European Communities                               No L 203/ 51
(') 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 % passes through a sieve with an aperture of 150 microns.
(2) '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).
(3) '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.
Is) The export refund is granted on products falling within this subheading which have a starch content of not less than 85 % by
     weight.
(*) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by
     weight.
f) The procedure to be followed for the determination of the fatty matter content is as follows :
     — the sample has to be crushed so that 90 % or more can pass through a sieve with an aperture of 500 microns and 100 %
          can pass through a sieve with an aperture of 1 000 microns,
     — the analytical method to be used afterwards is that which is printed in Annex 1 (Method A) to Commission Directive
          84/4/EEC (OJ No L 15, 18 . 1 . 1984, p. 28).