CELEX: 31987R3582
Language: en
Date: 1987-12-01 00:00:00
Title: Commission Regulation (EEC) No 3582/87 of 30 November 1987 fixing the export refunds on products processed from cereals and rice

No L 339/ 10                                 Official Journal of the European Communities                                  1 . 12. 87
                                        COMMISSION REGULATION (EEC) No 3582/87
                                                         of 30 November 1987
                         fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                             system for products processed from cereals and from
                                                                        rice Q, as last amended by Regulation (EEC) No
Having regard to the Treaty establishing the European                   1906/87 (8), defines the specific criteria to be taken into
Economic Community,                                                     account when the refund on these products is being
                                                                        calculated ;
Having regard to the Act of Accession of Spain and
Portugal,                                                               Whereas, on the basis of the criteria laid down in Regula­
                                                                        tion (EEC) No 2744/75, particular account should be
Having regard to Council Regulation (EEC) No 2727/75                    taken of the prices and quantities of basic products used
of 29 October 1975 on the common organization of the                    to calculate the variable component of the levy ; whereas
market in cereals (!), as last amended by Regulation (EEC)              Article 8 of Regulation (EEC) No 2744/75 and Article 1
No 1900/87 (2), and in particular the fourth subparagraph               of Commission Regulation (EEC) No 1077/68 (*), as
of Article 16 (2) thereof,                                              amended by Regulation (EEC) No 2764/71 (10), provide
                                                                        that the amount of the export refund should, for certain
Having regard to Council Regulation (EEC) No 1418 /76                   products, be reduced by an amount equal to the produc­
of 21 June 1976 on the common organization of the                       tion refund granted in respect of the basic products ;
market in rice (3), as last amended by Regulation (EEC)
No 1907/87 (4), and in particular the fourth subparagraph
of Article 17 (2) thereof,                                              Whereas it follows from applying these detailed rules to
                                                                        the present situation on the market in products processed
                                                                         from cereals and rice that the export refund should be
Having regard to the opinion of the Monetary Committee,                  fixed at an amount which will cover the difference
                                                                         between Community prices and world market prices ;
Whereas Article 16 of Regulation (EEC) No 2727/75 and
Article 17 of Regulation (EEC) No 1418/76 provide that
the difference between quotations or prices on the world                 Whereas when the refund is being calculated account
 market for the products listed in Article 1 of those Regu­              should be taken of the quantities of raw materials used to
lations and prices for those products within the Commu­                  determine the variable component of the levy ; whereas
 nity may be covered by an export refund ;                               the quantities of raw materials used for certain processed
                                                                         products may vary according to the end use of the
Whereas Article 2 of Council Regulation (EEC) No                         product ; whereas, depending on the manufacturing
 2746/75 (*), and Article 2 of Council Regulation (EEC) No               process used, products other than the main product are
 1431 /76 (^ laying down general rules for granting export               obtained, the quantity and value of which may vary with
 refunds on cereals and rice respectively and criteria for               the nature and quality of the main products being manu­
 fixing the amount of such refunds, provide that when                    factured ; whereas cumulation of the refunds on the
 refunds are being fixed account must be taken of the exis­              various products manufactured by a single process from
 ting situation and the future trend with regard to prices               the same basic product may make it possible, in certain
 and availabilities of cereals, rice and broken rice on the              cases, to export to third countries at prices which are
 Community market on the one hand and prices for                         lower than world market prices ; whereas the refund on
 cereals, rice, broken rice and cereal products on the world             certain products should therefore be limited to an amount
 market on the other ; whereas the same Articles provide                 which, while allowing access to the world market, will
 that it is also important to ensure equilibrium and the                 ensure that the aims of the common organization of the
 natural development of prices and trade on the markets in                markets are respected ;
 cereals and rice and, furthermore, to take into account the
 economic aspect of the proposed exports, and the need to
 avoid disturbances on the Community market ;                            Whereas the refund to be granted in respect of certain
                                                                          processed products should be graduated on the basis of
 Whereas Article 6 of Council Regulation (EEC) No                         the ash, crude fibre, tegument, protein, fat and starch
 2744/75 of 29 October 1975 on the import and export                      content of the individual product concerned, this content
                                                                          being a particularly good indicator of the quantity of basic
                                                                          product actually incorporated in the processed product ;
 (') OJ No   L  281 , 1 . 11 . 1975, p. 1 .
 (2) OJ No   L  182,  3 . 7. 1987, p. 40.
 (3) OJ  No  L  166,  25. 6. 1976, p. 1 .                                 0 OJ No L 281 , 1 . 11 . 1975, p. 65.
 (4) OJ  No  L  182,  3 . 7. 1987, p . 51 .                               (8) OJ No L 182, 3 . 7. 1987, p. 49 .
 0   OJ  No  L  281 , 1 . 11 . 1975, p. 78 .                              0 OJ No L 181 , 27. 7. 19'68, p. 1 .
 (*) OJ  No  L  166,  25. 6. 1976, p . 36 .                               (10) OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak--- 1 . 12. 87                               Official Journal of the European Communities                           No L 339/ 11
Whereas there is no need at present to fix an export               Whereas the refund must be fixed once a month ;
refund for manioc, other tropical roots and tubers or              whereas it may be altered in the intervening period ;
flours obtained therefrom, given the economic aspect of
potential exports and in particular the nature and origin          Whereas, pursuant to Article 275 of the Act of Accession
of these products ; whereas, for certain products processed        of Spain and Portugal, refunds may be granted in the case
from cereals, the insignificance of Community participa­           of exports to Portugal ; whereas, in the light of the situa­
tion in world trade makes it unnecessary to fix an export           tion and the level of prices no refund should be fixed in
refund at the present time ;                                        the case of exports to Portugal ;
Whereas the world market situation or the specific requi­          Whereas the measures provided for in this Regulation are
rements of certain markets may make it necessary to vary            in accordance with the opinion of the Management
the refund for certain products according to destination ;          Committee for Cereals,
Whereas Commission Regulation (EEC) No 2806/71 (')
lays down additional rules for granting export refunds for
certain products processed from cereals and rice ;                  HAS ADOPTED THIS REGULATION :
Whereas, if the refund system is to operate normally,                                        Article 1
refunds should be calculated on the following basis :
— in the case of currencies which are maintained in rela­           The export refunds on the products listed in Article 1 (d)
      tion to each other at any given moment within a band          of Regulation (EEC) No 2727/75 and in Article 1 (1 ) (c) of
      of 2,25 % , a rate of exchange based on their central         Regulation (EEC) No 1418/76 and subject to Regulation
      rate, multiplied by the corrective factor provided for in     (EEC) No 2744/75 are hereby fixed as shown in the
      the last paragraph of Article 3 ( 1 ) of Council Regula­      Annex to this Regulation.
      tion (EEC) No 1676/85 (2), as last amended by Regula­
      tion (EEC) No 1 636/87 (3),                                   The refund on export to Portugal has not been fixed.
 — for other currencies, an exchange rate based on the
      arithmetic mean of the spot market rates of each of                                    Article 2
      these currencies recorded for a given period in rela­
      tion to the Community currencies referred to in the            This Regulation shall enter into force on 1 December
      previous indent, and the aforesaid coefficient ;               1987.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States .
                    Done at Brussels , 30 November 1987.
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                 Vice-President
  (') OJ No L 284, 28 . 12. 1971 , p. 9.
  0 OJ No L 164, 24. 6. 1985, p. 1 .
  (3) OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- No L 339 / 12                            Official Journal of the European Communities                                   1 . 12. 87
                                                                 ANNEX
                     to the Commission Regulation of 30 November 1987 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       172,77
                                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)                                        117,48
   11.01 D (I)                  Oat flour, of an ash content, referred to dry matter, not exceeding 2,3 % by weight,  213,10
                                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 13 % by weight   16838
                                and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
                                weight Q
   11.01 E (II)                 Maize flour, of a fat content, referred to dry matter, exceeding 1,3 % but not        14432
                                exceeding 1 ,7 % by weight and of a crude fibre content, referred to dry matter, not
                                exceeding 1 % by weight Q
   11.01 E (III)                Maize flour not included under No 11.01 E (I) and (II) Q
   11.01 F                      Rice flour
   11.02 A II                   Rye groats and meal                                                                   178,53
   11.02 A III (a)              Barley groats and meal, of an ash content, referred to dry matter, not exceeding
                                1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                                0,9 % by weight
   11.02 A 111(b)               Barley groats and meal not included under No 1 1 .02 A III (a)                        213,10
   11.02 A IV (a)               Oat groats and meal, 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 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)                              216,49
   1 1.02 A V (a)               Maize groats and meal, of a fat content, referred to dry matter, not exceeding 0,9 %  16838
                                by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
                                weight (') (8)
   11.02 A V (b)                Maize groats and meal, of a fat content, referred to dry matter, not exceeding 1,3 %  14432
                                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 13 % by
                                weight but not exceeding 1 ,7 % by weight and of a crude fibre content, referred to
                                 dry matter, not exceeding 1 % by weight (') (8)
   11.02 A VI                    Rice groats and meal                                                                  172,77
   1 1 .02 B I a) 1 (aa)         Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not
                                 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                                                                          18939
 ---pagebreak--- 1 . 12. 87                              Official Journal of the European Communities                                 No L 339/ 13
                                                                                                                         (ECU/tonne)
               Number
           in nomenclature                                 Nomenclature in simplified wording                          Refund
           used for refunds
    1 1.02 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 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)   172,77
     11.02 Bib) 1 (aa)         Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not
                               exceeding 1 % by weight and of a crude fibre content, referred to dry matter, not
                               exceeding 0,9 % by weight ('Grutze' or 'Grutten') (2)
     1 1 .02 B I b) 1 (bb)     Hulled and sliced or kibbled barley, not included under No 1 1.02 B I b) 1 (aa)         201,23
                               ('Grutze' 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 % 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 ('Grutze' or 'Grutten') (2)
     1 1 .02 B I b) 2 (bb)      Hulled and sliced or kibbled oats not included under No 11.02 B Ib)2(aa)
                               ('Grutze' or 'Grutten') (2)
      1 1.02 B II a) ( 1 )      Hulled (shelled or husked) wheat, not sliced or kibbled (2)                             180,41
      1 1.02 B II c) (1 )       Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not        138,31
                                exceeding 0,9 % by weight and of a crude fibre content, referred to dry matter, not
                                exceeding 0,6 % by weight ('Gruetze' or 'Grutten5) (2) (8)
      1 1.02 B lie) (2)         Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not       230,36
                                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) (8)
      1 1.02 C III (a)          Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by         184,29
                                weight (without talc) — 1st category (3)
      1 1.02 C 111(b)           Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by
                                weight (without talc) — 2nd category (3)
      11.02 CIV                 Pearled oats (3)                                                                        108,00
      11.02 DI                  Wheat not otherwise worked than kibbled                                                 105,00
      11.02 D II                Rye not otherwise worked than kibbled                                                   172,77
       1 1 .02 E I b) 1 (aa)    Flaked barley, of an ash content, referred to dry matter, not exceeding 1 % by
                                weight and of a crude fibre content, referred to dry matter, not exceeding 0,9 % by
                                weight
       11.02EIb)l (bb)          Flaked barley not included under 1 1.02 E I b) 1 (aa)                                   236,74
       1 1 .02 E I b) 2 (aa)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by          189,39
                                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
                                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)        124,44
       11.02 E II a              Flaked wheat                                                                            192,43
  ex 1 1.02 E II c) (1 )         Flaked maize, of a fat content, referred to dry matter, not exceeding 0,9 % by          156,35
                                 weight and of a crude fibre content, referred to dry matter, not exceeding 0,7 % by
                                 weight
 ---pagebreak--- Mo L 339 / 14                     Official Journal of the European Communities                                 1 . 12. 87
                                                                                                              (ECU/tonne)
            Number
        in nomenclature                            Nomenclature in simplified wording                        Refund
        used for refunds
ex 1 1.02 E lie) (2)     Flaked maize, 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
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                                                                         124,44
     11.02 F I           Wheat pellets                                                                       117,48
     11.02 Fill          Barley pellets                                                                         —
     11.02 F IV          Oat pellets                                                                         122,68
    11.02 FV             Maize pellets                                                                         30,50
     11.02 G I           Wheat germ, whole, rolled, flaked or ground                                           30,07
     11.02 G II          Germ of cereals other than wheat, whole, rolled, flaked or ground                   217,16
     11.07 A I a)        Unroasted malt, obtained from wheat, in the form of flour                           205,02
     11.07 A II a)       Unroasted malt, other than that obtained from wheat, in the form of flour           176,43
     11.08 A I           Maize starch (*)                                                                    188,66
     11.08 All           Rice starch (*)                                                                     216,00
     11.08 A III         Wheat starch                                                                        176,43
     11.08 A IV          Potato starch (*)                                                                      —
     11.08 A V           Starches other than maize, rice, wheat, or potato starch (*)                        172,80
     11.09 A             Dried wheat gluten, of a protein content, referred to dry matter, of 82 % or more   230,46
                         by weight (N x 6,25)
     17.02 B II a)       Glucose and malto-dextrine, other than glucose containing, in the dry state, 99 %   176,43
                         or more by weight of the pure product, in the form of white crystalline powder,
                         whether or not agglomerated (4)
     17.02 B lib)        Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain­    241,49
                         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      167,61
                         dry matter, in the form of powder, whether or not agglomerated
     17.02 F II b)       Caramel, other than caramel containing 50 % or more by weight of sucrose in the      176,43
                         dry matter, other than in the form of powder
     21.07 F II          Flavoured or coloured glucose syrup, and malto-dextrine syrup                         28,60
     23.02 A I a)        Brans sharps and other residues derived from the sifting, milling or working of       28,60
                         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      28,60
                         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 ,   28,60
                          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     88,22
                          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           79,79
                          steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
                          by weight (N x 6,25)
 ---pagebreak--- 1 . 12. 87                                        Official Journal of the European Communities                                              No L 339/ 15
(') 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.
(*) 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
 Q The analytical method to be used for the determination of the fatty matter content is that printed in Annex I (method A) to Directive 84/4/EEC (OJ No L
     15, 18. 1 . 1984, p. 28).
 (8) 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 I (Method A) to Directive 84/4/EEC (OJ No L 15,
         18 . 1 . 1984, p. 28).