CELEX: 31974R2026
Language: en
Date: 1974-08-01 00:00:00
Title: Regulation (EEC) No 2026/74 of the Commission of 30 July 1974 fixing the export refunds on products processed from cereals and rice

No L 210 / 32                            Official Journal of rfhe European Communities                                 1 . 8 . 74
                               REGULATION ( EEC) No 2026/74 OF THE COMMISSION
                                                           of 30 July 1974
                        fixing the export refunds on products processed from cereals and rice
 THE COMMISSION OF THE EUROPEAN                                        cereals and rice and , furthermore , to take into account
 COMMUNITIES ,                                                         the economic aspect of the proposed exports, and the
                                                                       need to avoid disturbances on the Community
  Having regard to the Treaty establishing the European                market ;
  Economic Community ;
  Having regard to Council Regulation No 120 /
                                                                       Whereas Article 6 of Council Regulation (EEC) No
 67/ EEC (') of 13 June 1967 on the common organiza­
                                                                        1052/ 68 ( 10) of 23 July 1968 on the import and export
 tion of the market in cereals, as last amended by Regu­               system for products processed from cereals and from
 lation ( EEC) No 1 996/ 74 (-), and in particular the first           rice, as last amended by Regulation (EEC) No
 sentence of the fourth subparagraph of Article 16 (2)                 881 / 73 ("), defines the specific criteria to be taken
 thereof ;
                                                                       into account when the refund on these products is
 Having regard to Council Regulation No 359/                           being calculated ;
 67/ EEC (3 ) of 25 July 1967 on the common organiza­
 tion of the market in rice, as last amended by the                    Whereas , on the basis of the criteria laid down in
 Act (4) annexed to the Treaty (5) on the Accession of
                                                                       Regulation ( EEC) No 1052/ 68 , particular account
 new Member States to the European Economic
                                                                       should be taken of the prices and quantities of basic
 Community and the European Atomic Energy                              products used to calculate the variable component of
 Community, signed at Brussels on 22 January 1972,
                                                                       the levy ; whereas, therefore, as is laid down for the
 and in particular the first sentence of the fourth sub­               determination of the variable component, account
 paragraph of Article 1 7 (2) thereof ;                                should be taken of the average of the levies on the
 Having regard to the Opinion of the Monetary                          basic products concerned during a representative
 Committee ;                                                           period , namely the first 25 days of the month
                                                                       preceding the month of exportation ; whereas this
 Whereas Article 16 of Regulation No 120 / 67/ EEC                     average should be adjusted for the threshold price for
 and Article 17 of Regulation No 359/67/ EEC provide                   these basic products which will be in force during the
 that the difference between quotations or prices on                   month of exportation ; whereas Article 8 of Regula­
 the world market for the products listed in Article 1                 tion (EEC) No 1052/68 and Article 1 of Regulation
 of those Regulations and prices for those products                    ( EEC) No 1 077/68 ( l2 ), amended by Regulation (EEC)
 within the Community may be covered by an export                      No 2764/ 71 ( l3 ), provide that the amount of the
 refund ;
                                                                       export refund should, for certain products, be reduced
 Whereas Article 2 of Council Regulation No 139/                       by an amount equal to the production refund granted
 67/ EEC (6) of 21 June 1967, as amended by Regula­                    in respect of the basic product ;
 tion ( EEC) No 1 997/ 74 ( 7), and Article 2 of Council
 Regulation No 366/ 67/ EEC ( s) of 25 July 1967 laying                Whereas it follows from applying these rules and
 down general rules for granting export refunds on                     criteria to the present situation on the market in
 cereals and rice respectively and criteria for fixing the             products processed from cereals and rice that the
 amount of such refunds, as amended by Regulation                      export refund should be fixed at an amount which
 No 101 9/ 67/ EEC (9), provide that when refunds are                  will cover the difference between Community prices
 being fixed account must be taken of the existing situ­               and world market prices ;
 ation and the future trend with regard to prices and
 availabilities of cereals , rice and broken rice on the
 Community market on the one hand and prices for                       Whereas when the refund is being calculated account
cereals, rice and broken rice on the world market on                   should be taken of the quantities of raw materials
 the other ; whereas the same Articles provide that it is              used to determine the variable component of the
also important to ensure equilibrium and the natural                   levy ; whereas the quantities of raw materials used for
development of prices and trade on the markets in                      certain processed products may vary according to the
                                                                       end use of the product ; whereas, depending on the
(') OJ No 117, 19 . 6 . 1967, p. 2269 / 67 .                           manufacturing process used , products other than the
(-') OJ No L 209 , 31 . 7. 1974, p. 1 .                                main product are obtained , the quantity and value of
(-<) O'j No 174, 31 . 7. 1967, p. 1 .                                 which may vary with the nature and quality of the
(4 ) Oj No L 73 , 27. 3 . 1972, p. 14.
(s ) OJ  No  L 73 , 27 . 3 . 1972, p. 5 .
(<•) OJ  No  125, 26 . 6 . 1967, p . 2453 / 67 .                      ( I0 ) OJ No L    179 , 25 . 7 . 1968 , p. 8 .
(7)  OJ  No  L 209 , 31 . 7 . 1974, p. 3 .                            (")    OJ No L    86, 31 . 3 . 1973 , p. 30 .
(s)  OJ  No  174, 31 . 7 . 1967, p. 34 .                              (>-)   OJ NoL     181 , 27 . 7 . 1968 , p. 1 .
n    OJ  No  311 , 21 . 12. 1967, p. 13 .                             ( I3 ) OJ No L    283 , 24 . 12 . 1971 , p. 30 .
 ---pagebreak---   1 . 8 . 74                                  Official Journal of the European Communities                         No L 2 1 0 / 33
 main products being manufactured ; whereas cumula­                     Whereas, if the refund system is to operate normally,
 tion of the refunds on the various products manufac­                   refunds should be calculated on the following basis :
 tured by a single process from the same basic product                  — in the case of currencies which are maintained in
 may make it possible, in certain cases, to export to
                                                                             relation to each other, at any given moment,
 third countries at prices which are lower than world
                                                                             within a band of 2-25 % , a rate of exchange based
 market prices ; whereas the refund on certain products
 should therefore be limited to an amount which ,
                                                                             on their effective parity ;
 while allowing access to the world market, will ensure                 — for other currencies an exchange rate based on the
 that the aims of the common organization of the                             arithmetic mean of the spot market rates of each
 markets are respected ;                                                     of these currencies recorded for a given period, in
                                                                             relation to the Community currencies referred to
 Whereas the refund to be granted in respect of certain                      in the previous subparagraph ;
 processed products should be graduated on the basis
 of the ash , crude fibre, tegument, protein , fat and                  Whereas the refund must be fixed once a month ;
 starch content of the individual product concerned,                    whereas it may be altered in the intervening period ;
 this content being a particularly good indicator of the
 quantity of basic product actually incorporated in the                 Whereas the measures provided for in this Regulation
 processed product ;                                                    are in accordance with the Opinion of the Manage­
                                                                        ment Committee for Cereals ,
Whereas there is no need at present to fix an export
 refund for manioc, other tropical roots and tubers or
 flours obtained therefrom , given the economic aspect                  HAS ADOPTED THIS REGULATION :
of potential exports and in particular the nature and
origin of these products ; whereas, for certain products                                         Article 1
 processed from cereals, the insignificance of Commu­
 nity participation in world trade makes it unnecessary                 The export refunds on the products listed in Article 1
 to fix . an export refund at the present time ;                        (d) of Regulation No 120/ 67/ EEC and in Article 1 ( 1 )
                                                                        (c) of Regulation No 359/67/ EEC and subject to Regu­
Whereas the world market situation or the specific                      lation ( EEC) No 1052/ 68 are hereby fixed as shown in
 requirements of certain markets may make it neces­                     the Annex to this Regulation .
sary to vary the refund for certain products according
to destination ;
                                                                                                 Article 2
Whereas Regulation ( EEC) No 2806/71 (') lays down
additional rules for granting export refunds for certain                This Regulation shall enter into force on 1 August
 products processed from cereals and rice ;                              1 974 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
                Done at Brussels , 30 July 1974 .
                                                                                    iOr the Commission
                                                                                      P. J. LARDINOIS
                                                                                Member ot the Commission
(') OJ No I. 2X4 , 2S . 12 . I ^ T I , p. L> .
 ---pagebreak---  No L 210 / 34                             Official Journal of the European Communities                                  1 . 8 . 74
                                                                ANNEX
          Number                                                                                                      Refund in
     in nomenclature                                     Nomenclature in simplified wording                          u. a. /100 kç
     used for refunds                                                                                             (third countrict)
 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                  0
                              weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 % by
                              weight, of a moisture content not exceeding 11% and of which the Peroxydase
                              is virtually inactivated
 fl.01 D ( 11 )               Oat flour not included under No 11.01 D (I )                                                  0
 11.01 E (1 )                 Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 % by                 0
                             weight and of a crude fibre content, referred to dry matter, not exceeding
                              0-8 % by weight
 11.01 E ( 11 )               Maize flour, of a fat content, referred to dry matter, exceeding 1*3 °/o but not              0
                              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)                                        0
11.01 F                       Rice flour                                                                                   —
11.01 H                       Millet flour                                                                              0-246
11.02 A III ( a )             Barley groats and meal, of an ash content, referred to dry matter, not exceeding              0
                              1 % by weight and of a crude fibre content, referred to dry matter, not exceeding
                             0-9 % by weight
11.02 AHI ( b )              Barley groats and meal not included under No 11.02 A III (a)                                   0
11.02 AIV ( a )              Oat groats and meal, of an ash content, referred to dry matter, not exceeding                  0
                             2-3% by weight, of a tegument content not exceeding 0-1 %, of a moisture con­
                             tent not exceeding 11 °/o and of which the Peroxydase is virtually inactivated
11.02 A IV (b )              Oat groats and meal not included under No 11.02 A IV (a)                                       0
11.02 A V ( a )              Maize groats and meal, of a fat content, referred to dry matter, not exceeding                 0
                             0-9 % by weight and a crude fibre content, referred to dry matter, not exceeding
                             0-6 °/o by weight (')
11.02 A V ( b )              Maize groats and meal, of a fat content, referred to dry matter, not exceeding                0
                             1-3% by weight and of a crude fibre content, referred to dry matter, not
                             exceeding 0-8 % by weight ( x )
U. 02 A V ( c)               Maize groats and meal, of a fat content, referred to dry matter, exceeding                    0
                             1-3 % by weight but not exceeding 1-7 % by weight and of a crude fibre content,
                             referred to dry matter, not exceeding 1-0 °/o weight (')
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 (*)
1 1.02 B I a ) 1 ( bb)       Hulled (shelled or husked) barley not included under No 11.02 B I a) 1 (aa) (')               0
11.02 B I a ) 2 ( aa )       Clipped oats                                                                                —
1 1.01 B I a ) 2 bb ) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not               0
                             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 (*)
11.02 B 1 a ) 2 bb) (22)     Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (*)          0
 ---pagebreak--- 1 . 8 . 74                           Official Journal of the European Communities                           No L 210/ 35
          Number                                                                                                Refund in
      in nomenclature                                 Nomenclature in simplified wording                       u.a ./100 kg
      used for refunds                                                                                      (third countries)
11.02 B I b ) 1 ( aa )  Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not          0
                        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 B I b) 1 ( bb )   Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)               0
                        (' Grütze' ór ' 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            0
                        exceeding 2-3 °/o weight, of a tegument content not exceeding 0-1 %, of a moisture
                        content not exceeding 11 % and of which the Peroxydase is virtually inactivated
                        (' Grütze' 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)                  0
                        (' Grütze' or ' Grutten') (2)
11.02 B II a ) ( 1 )    Hulled (shelled or husked) wheat, not sliced or kibbled (f)                                  0
 1 1.02 C III (a )      Pearled barley, of an ash content, referred to dry matter, not exceeding 1 ®/o by            0
                        weight (without talc) — 1st category (3)
 11.02 C III ( b)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 ®/o by            0
                        weight (without talc) — 2nd category (s)
 11.02 C IV             Pearled oats (s)                                                                             0
 11.02 D II             Rye not otherwise worked than kibbled                                                        0
 11.02 E I b ) 1 ( aa ) Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by                 0
                        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 11.02 E I b) 1 (aa)                                         0
 11.02 E I b ) 2 ( aa)  Flaked oats, of an ash content, referred to dry matter, not exceeding 2*3% by                0
                        weight, of a tegument content not exceeding 0·1°/ο, of a moisture content not
                        exceeding 12 °/o and of which the Peroxydase is virtually inactivated
 11.02 E I b ) 2 ( bb ) Flaked oats, of an ash content, referred to dry matter, not exceeding 2*3 °/o by             0
                        weight, of a tegument content exceeding 0·1 % but not exceeding l;5°/o, of a
                        moisture content not exceeding 12 °/o and of which the peroxydase is virtually
                        inactivated
 11.02 E I b ) 2 (cc)   Flaked oats not included under Nos 11.02 E I b) 2 ( aa) and 11.02 E I b) 2 (bb)               0
ex 11.02 E II c) ( 1 )  Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 °/o by              0
                        weight and of a crude fibre content, referred to dry matter, not exceeding
                        0·7 % by weight
                        Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 °/o by              0
 ex 11.02 E H c) ( 2)
                         weight and of a crude fibre content, referred to dry matter, not exceeding
                        0-8 % by weight
 ex 11.02 E 11 c) (3 )   Flaked maize, of a fat content, referred to dry matter, exceeding 1-3 % but not              0
                        exceeding 1-7 % by weight and of a crude fibre content, referred to dry matter,
                         not exceeding 1 % weight
 11.02 E II e) 1         Flaked rice                                                                                 —
 1 1.02 F III            Barley pellets                                                                               0
 11.02 F IV              Oat pellets                                                                                 —
 11.02 F V               Maize pellets                                                                               —
 11.02 G I               Wheat germ , whole, rolled, flaked or ground                                                0
 11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                            0
 1 1.07 Ala )            Unroasted malt, obtained from wheat, in the form of flour                                   0
 ---pagebreak--- No L 210 / 36                               Official Journal of the European Communities                                             1 . 8 . 74
          Number                                                                                                                  Refund in
      in nomenclature                                         Nomenclature in simplified wording                                 u. a. /100 kg
      used for refunds                                                                                                        (third countries )
 11.07 Alb )                   Unroasted malt, obtained from wheat, other than in the form of flour                                     0
 11.07 All a )                 Unroasted malt, other than that obtained from wheat, in the form of flour                                0
 11.07 A 11 b)                 Unroasted malt, other than that obtained from wheat, other than in the form                              0
                               of flour
 1 1.07 B                       Roasted malt                                                                                            0
 11.08 AI                       Maize starch                                                                                            —
 11.08 AHI                      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 % or more by weight                         —
                               of the pure product, in the form of white crystalline powder, whether or not
                               agglomerated {*)
 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 {*)
 17.05 B I                     Flavoured or coloured glucose, in the form of white crystalline powder, whether                          —
                               or not agglomerated
 17.05 B 11                     Flavoured or coloured glucose and glucose syrup, other than in the form of white                        —
                               crystalline powder, whether or not agglomerated
 23.02 A I a )                 Brans, sharps and other residues derived from the sifting, milling or working of                         0
                               maize or rice of a starch content not exceeding 35% by weight
 23.02 A I b ) 1               Brans, sharps and other residues derived from the sifting, milling or working or                         0
                               maize or rice, of a starch content exceeding 35 % 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                         0
                               maize or rice, of a starch content exceeding 35 % by weight, and not having
                               undergone a denaturing process, or of a starch content exceeding 45 % by weight
                               and having undergone denaturing process
23.02 A II a )                 Brans, sharps and other residues derived from the sifting, milling or working                            0
                               of maize or rice, of a starch content not exceeding 28 % by weight and of
                               which the percentage which passes through a sieve with an aperture of 0-2 mm
                               does not exceed 10 % by weight or of which the sifted product has an ash
                               content, calculated on dry matter, not exceeding 1-5 % by weight
 23.02 A II b )                Brans, sharps and other residues derived from the sifting, milling or working of                         0
                               cereals other than maize or rice, not included under No 23.02 A II a)
23.03 A I                      Residues from the manufacture of starch from maize (excluding concentrated
                               steeping liquors), of a protein content, calculated on dry matter, not exceeding
                               63 % by weight (N X 6-25 )
(') The export refund is paid in respect of maize , groats and meal :
    — of which a percentage not exceeding 30 °/o passes through a sieve with an aperture of 315 microns,
    — of which a percentage not exceeding 5% of product passes through a sieve with an aperture of 150 microns .
(') 'Hulled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. (. I9tt,
    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. 1MI
    p. 46).
(*) Pursuant to Regulation No 189/66/EEC the product falling within subheading 17.02 B I enjoys the same export refund as the product falling
    within subheading 17.02 B II .