CELEX: 31978R2263
Language: en
Date: 1978-09-30 00:00:00
Title: Commission Regulation (EEC) No 2263/78 of 29 September 1978 fixing the export refunds on products processed from cereals and rice

30 . 9 . 78                              Official Journal of the European Communities                          No L 275/9
                                    COMMISSION REGULATION (EEC) No 2263/78
                                                     of 29 September 1978
                    fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                      rice (7), as last amended by Regulation (EEC) No
COMMUNITIES,                                                        2245/78 (8), defines the specific criteria to be taken
                                                                    into account when the refund on these products is
Having regard to the Treaty establishing the European              being calculated ;
Economic Community,
Having regard to Council Regulation (EEC) No                       Whereas, on the basis of the criteria laid down in
2727/75 of 29 October 1975 on the common organiza­                  Regulation (EEC) No 2744/75, particular account
tion of the market in cereals (*), as last amended by              should be taken of the prices and quantities of basic
Regulation (EEC) No 1254/78 (2), and in particular the              products used to calculate the variable component of
fourth subparagraph of Article 16 (2) thereof,                     the levy ; whereas Article 8 of Regulation (EEC) No
                                                                    2744/75 and Article 1 of Regulation (EEC) No
Having regard to Council Regulation (EEC) No                        1077/68 (9), as amended by Regulation (EEC) No
1418/76 of 21 June 1976 on the common organiza­                    2764/71 ( 10), provide that the amount of the export
tion of the market in rice (3), as last amended by Regu­           refund should, for certain products, be reduced by an
lation (EEC) No 1260/78 (4), and in particular the                 amount equal to the production refund granted in
fourth subparagraph of Article 17 (2) thereof,                     respect of the basic product ;
Having regard to the opinion of the Monetary
Committee,                                                         Whereas it follows from applying these rules and
                                                                    criteria to the present situation on the market in
Whereas Article 16 of Regulation (EEC) No 2727/75                   products processed from cereals and rice that the
and Article 17 of Regulation (EEC) No 1418/76                       export refund should be fixed at an amount which
provide that the difference between quotations or                  will cover the difference between Community prices
prices on the world market for the products listed in               and world market prices ;
Article 1 of those Regulations and prices for those
products within the Community may be covered by
an export refund ;                                                 Whereas when the refund is being calculated account
                                                                    should be taken of the quantities of raw materials
Whereas Article 2 of Council Regulation (EEC) No                    used to determine the variable component of the
2746/75 of 29 October 1975 (5), and Article 2 of                    levy ; whereas the quantities of raw materials used for
Council Regulation (EEC) No 1431 /76 of 21 June                     certain processed products may vary according to the
1976 (6) laying down general rules for granting export              end use of the product ; whereas, depending on the
refunds on cereals and rice respectively and criteria for           manufacturing process used, products other than the
fixing the amount of such refunds, provide that when                main product are obtained, the quantity and value of
refunds are being fixed account must be taken of the               which may vary with the nature and quality of the
existing situation and the future trend with regard to              main products being manufactured ; whereas cumula­
prices and availabilities of cereals, rice and broken rice          tion of the refunds on the various products manufac­
on the Community market on the one hand and                         tured by a single process from the same basic product
prices for cereals, rice and broken rice on the world               may make it possible, in certain cases, to export to
market on the other ; whereas the same Articles                     third countries at prices which are lower than world
provide that it is also important to ensure equilibrium             market prices ; whereas the refund on certain products
and the natural development of prices and trade on                  should therefore be limited to an amount which,
the markets in cereals and rice and, furthermore, to               while allowing access to the world market, will ensure
take into account the economic aspect of the                        that the aims of the common organization of the
proposed . exports, and the need to avoid disturbances              markets are respected ;
on the Community market ;
Whereas Article 6 of Council Regulation (EEC) No                   Whereas the refund to be granted in respect of certain
2744/75 of 29 October 1975 on the import and export                 processed products should be graduated on the basis
system for products processed from cereals and from                 of the ash, crude fibre, tegument, protein, fat and
                                                                    starch content of the individual product concerned,
(') OJ   No L 281 , 1 . 11 . 1975, p. 1.                            this content being a particularly good indicator of the
(2) OJ   No L 156,  14. 6.   1978, p. 1.
(3) OJ   No L 166,  25. 6.   1976, p. 1.                           (7) OJ No L 281 , 1 . 11 . 1975, p. 65.
(4) OJ   No L 156,  14. 6.   1978, p. 11 .                         (8) OJ No L 273, 29 . 9. 1978 , p. 1 .
(5) OJ   No L 281 , 1 . 11 . 1975, p. 78 .                         O OJ No L 181 , 27. 7. 1968 , p. 1 .
(6) OJ   No L 166,  25. 6.   1976, p. 36.                          ( 10) OJ No L 283, 24. 12. 1971 , p. 30 .
 ---pagebreak--- No L 275/ 10                         Official Journal of the European Communities                              30 . 9 . 78
quantity of basic product actually incorporated in the         — for other currencies, an exchange rate based on the
processed product ;                                                   arithmetic mean of the spot market rates of each
                                                                      of these currencies recorded for a given period in
Whereas there is no need at present to fix an export                  relation to the Community currencies referred to
refund for manioc, other tropical roots and tubers or                 in the previous subparagraph ;
flours obtained therefrom, given the economic aspect
of potential exports and in particular the nature and          Whereas the refund must be fixed once a month ;
origin of these products ; whereas, for certain products       whereas it may be altered in the intervening period ;
processed from cereals, the insignificance of Commu­           Whereas the measures provided for in this Regulation
nity participation in world trade makes it unnecessary         are in accordance with the opinion of the Manage­
to fix an export refund at the present time ;                   ment Committee for Cereals,
Whereas the world market situation or the specific
requirements of certain markets may make it neces­              HAS ADOPTED THIS REGULATION :
sary to vary the refund for certain products according
to destination ;                                                                          Article 1
Whereas Regulation (EEC) No 2806/71 (l) lays down              The export refunds on the products listed in Article 1
additional rules for granting export refunds for certain       (d) of Regulation (EEC) No 2727/75 and in Article 1
products processed from cereals and rice ;                     ( 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
                                                                                          Article 2
     relation to each other at any given moment within
     a band of 2-25 % , a rate of exchange based on            This Regulation shall enter into force on 1 October
     their effective parity ;                                   1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 29 September 1978 .
                                                                            For the Commission
                                                                             Finn GUNDELACH
                                                                                Vice-President
(') OJ No L 284, 28 . 12. 1971 , p. 9.
 ---pagebreak--- 30. 9. 78                                Official Journal of the European Communities                           No L 275/11
                                                                ANNEX
                  to the Commission Regulation of 29 September 1978 fixing the export refunds on products
                                                    processed from cereals and rice
                                                                                                                   (u.a. /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 °/o by       116.96
                           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            118.47
                           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
11.01 D (II)               Oat flour not included under No 11.01 D (I)                                                0
11.01 E (I)                Maize flour, of a fat content, referred to dry matter, not exceeding 1.3% by            100.42
                           weight 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           86.08
                           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)                                   62.41
11.01 F                    Rice flour                                                                               48.96
11.02 A III (a)            Barley groats and meal, of an ash content, referred to dry matter, not exceeding        120.86
                           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)                               0
11.02 A IV (a)             Oat groats and meal, of an ash content, referred to dry matter, not exceeding           118.47
                           2-3 % by weight, of a tegument content not exceeding 0.1 % , of a moisture
                           content 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)                                   0
11.02 A V (a)              Maize groats and meal, of a fat content, referred to dry matter, not exceeding          129.11
                           0.9 % 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          100.42
                            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              86-08
                            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 % weight (*)
 11.02 A VI                 Rice groats and meal                                                                    48.96
 11.02 B I a) 1 (aa)        Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not      116.96
                            exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                            not exceeding 0.9 % by weight (2)
 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 I a) 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        105.31
                            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 I a) 2 bb) (22)     Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11) (*)       0
 ---pagebreak--- No L 275/ 12                        Official Journal of the European Communities                           30. 9 . 78
                                                                                                            (u.a.ltonne)
         Number
     in nomenclature                               Nomenclature in simplified wording                       Refund
     used for refunds
11.02 B I b) 1 (aa)    Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not  116.96
                       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' or 'Grutten') (2)
11.02 B I b) 2 (aa)    Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not    111.89
                       exceeding 2-3 % 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 Bib) 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 (2)                            0
11.02 C III (a)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by      155.95
                       weight (without talc) — 1st category (8)
11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by      124-76
                       weight (without talc) — 2nd category (8)
11.02 CIV              Pearled oats (8)                                                                        0
11.02 D II             Rye not otherwise worked than kibbled                                                  —
11.02 E lb) 1 (aa)     Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by         116.96
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0.9 % by weight
11.02 E I b) 1 (bb)    Flaked barley not included under 11.02 E I b) 1 (aa)                                   —
11.02 E I b) 2 (aa)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by       131.63
                       weight, of a tegument content not exceeding 0.1 % , of a moisture content not
                       exceeding 12 % 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 % by       105.31
                       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
11.02 E lb) 2 (cc)     Flaked oats not included under Nos 11.02 E I b) 2 (aa) and 11.02 E I b) 2 (bb)         —
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0.9 % by       114.77
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0.7 % by weight
ex 11.02 E II c) (2)   Flaked maize, of a fat content, referred to dry matter, not exceeding 1.3 % by        93.25
                       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 E II d) 1       Flaked rice                                                                           48.96
 11.02 Fill             Barley pellets                                                                        —
  11.02 F IV            Oat pellets                                                                           —
  11.02 F V             Maize pellets                                                               ,         —
  11.02 G I
                        Wheat germ, whole, rolled, flaked or ground                                          18.75
  11.02 Gil
                        Germ of cereals other than wheat, whole, rolled, flaked or ground                    17.93
 ---pagebreak--- 30. 9 . 78                                 Official Journal of the European Communities                                         No L 275 / 13
                                                                                                                                     (u.a.ltonne.
           Number
      in nomenclature                                        Nomenclature in simplified wording                                      Refund
      used for refunds
11.07 A I a)                  Unroasted malt, obtained from wheat, in the form of flour                                               99-40
11.07 A II a)                 Unroasted malt, other than that obtained from wheat, in the form of flour                             103.33
11.08 A I                     Maize starch                                                                                          100.95
11.08 A II                    Rice starch                                                                                             46.25
11.08 A III                   Wheat starch                                                                                          129.93
11.08 A IV                    Potato starch                                                                                         100.95
11.08 A V                     Starches other than maize, rice, wheat, or potato starch                                              100.95
11.09 A                       Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                       118-12
                              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                       131-67
                              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                           100.95
                              weight of the pure product, other than glucose in the form of white crystalline
                              powder, whether or not agglomerated (4)
21.07 F II                    Flavoured or coloured glucose and glucose syrup, other than in the form of                            100.95
                              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                        17.98
                              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                        17.98
                              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 of                        17.98
                              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                        17.98
                              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                            125.40
                              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 % 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. 6. 1968,
    p. 46).
 ') 'Pearled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149, 29. 6. 1968,
    p. 46).
 *) 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.