CELEX: 31977R0409
Language: fr
Date: 1977-03-01 00:00:00
Title: Règlement (CEE) n 409/77 de la Commission, du 28 février 1977, fixant les restitutions applicables à l'exportation des produits transformés à base de céréales et de riz

1 . 3 . 77                                   Official Journal of the European Communities                            No L 56/ 19
                                          COMMISSION REGULATION ( EEC) No 409/77
                                                          of 28 February 1977
                      fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                         832/76 (7), defines the specific criteria to be taken into
COMMUNITIES,                                                           account when the refund on these products is being
                                                                       calculated ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                       Whereas, on the basis of the criteria laid down in
Having regard to Council Regulation (EEC) No                           Regulation (EEC) No 2744/75, particular account
2727/75 of 29 October 1975 on the common organiza­                     should be taken of the prices and quantities of basic
tion of the market in cereals ('), as last amended by                  products used to calculate the variable component of
Regulation ( EEC) No 3138 /76 (2), and in particular the               the levy ; whereas Article 8 of Regulation ( EEC) No
fourth subparagraph of Article 1 6 (2) thereof,                        2744/75 and Article 1 of Regulation (EEC) No
                                                                        1077/68 (8), as amended by Regulation (EEC) No
Having regard to Council Regulation ( EEC) No                          2764/71 (9), provide that the amount of the export
1418 /76 of 21 June 1976 on the common organiza­                       refund should , for certain products, be reduced by an
tion of the market in rice (3), 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
                                                                       Whereas when the refund is being calculated account
an export refund ;
                                                                       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 (4), 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
1 976 (5) 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 the refund to be granted in respect of certain
Whereas Article 6 of Council Regulation ( EEC) No                       processed products should be graduated on the basis
2744/75 of 29 October 1975 on the import and export                     of the ash , crude fibre, tegument, protein , fat and
system for products processed from cereals and from                     starch content of the individual product concerned ,
rice (6), as amended by Regulation ( EEC) No                            this content being a particularly good indicator of the
                                                                        quantity of basic product actually incorporated in the
 ')  OJ  No L  281 ,  1 . 1 I. 1975 , p. 1 .
 -') OJ  No L  354,   24 . 12 . 1976, p. I.                             processed product ;
 3)  OJ  No L  166,   25 . 6 . 1976 , p. 1 .
 ■•) OJ  No L  281 ,  I. I 1 . 1975 , p. 78 .                          ( 7) OJ No L 100 , 14 . 4 . 1976, p . 1 .
 5)  OJ  No L  166,   25 . 6 . 1976, p. 36 .                           ( s ) OJ No L 181 , 27 . 7 . 1968 , p . I.
 6)  OJ  No L  28 1 , 1 . 1 1 . 1 975 , p. 65 .                        O OJ No L 283 , 24 . 12 . 1971 , p . 30 .
 ---pagebreak---  No L 56/ 20                             Official Journal of the European Communities                               1 . 3 . 77
 Whereas there is no need at present to fix an export                     of these currencies recorded for a given period, in
 refund for manioc, other tropical roots and tubers or                    relation to the Community currencies referred to
 flours obtained therefrom , given the economic aspect                    in the previous subparagraph ;
 of potential exports and in particular the nature and
 origin of these products ; whereas, for certain products          Whereas the refund must be fixed once a month ;
 processed from cereals, the insignificance of Commu­              whereas it may be altered in the intervening period ;
 nity participation in world trade makes it unnecessary            Whereas the measures provided for in this Regulation
 to fix an export refund at the present time ;                     are in accordance with the opinion of the Manage­
 Whereas the world market situation or the specific                ment Committee for Cereals,
 requirements of certain markets may make it neces­
 sary to vary the refund for certain products according
                                                                   HAS ADOPTED THIS REGULATION :
 to destination ;
 Whereas Regulation (EEC) No 2806/71 (') lays down                                            Article 1
 additional rules for granting export refunds for certain
 products processed from cereals and rice ;                        The export refunds on the products listed in Article 1
Whereas, if the refund system is to operate normally,              (d) of Regulation ( EEC) No 2727/75 and in Article 1
 refunds should be calculated on the following basis :             ( 1 ) (c) of Regulation (EEC) No 1418 /76 and subject to
                                                                   Regulation ( EEC) No 2744/75 are hereby fixed as
— in the case of currencies which are maintained in                shown in the Annex to this Regulation .
     relation to each other, at any given moment,
     within a band of 2-25 % , a rate of exchange based                                       Article 2
     on their effective parity ;
— for other currencies an exchange rate based on the               This Regulation shall enter into force on 1 March
     arithmetic mean of the spot market rates of each               1977 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 28 February 1977 .
                                                                                For the Commission
                                                                                 Finn GUNDELACH
                                                                                    Vice-President
(') OJ No L 284 , 28 . 12 . 1971 , p. 9 .
 ---pagebreak---  1 . 3 . 77                                Officiai Journal of the European Communities                        No L 56/21
                                                                 ANNEX
                  to the Commission Régulation of 28 February 1977 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 % by      53.22
                            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      62.29
                            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        62.40
                           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       53.48
                           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)                                38.77
11.01 F                    Rice flour                                                                           57-19
11.02 A III ( a )          Barley groats and meal, of an ash content, referred to dry matter, not exceeding      54-99
                            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        62.29
                           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
U.02 A V (a)                Maize groats and meal, of a fat content, referred to dry matter, not exceeding       89-14
                            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        62-40
                            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           53.48
                           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 (l)
11.02 A VI                 Rice groats and meal                                                                 57-19
11.02 B I a ) 1 (aa )      Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not    53-22
                           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      55.37
                           exceeding 2.3 % by weight, of a tegument content not exceeding 0.5 % of a
                           moisture content not exceeding 11 % and of which the peroxydase is virtually
                           inactivated (2)
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) (a)     0
 ---pagebreak--- No L 56/22                            Officiai Journal of the European Communities                         1 . 3 . 77
                                                                                                           (u.a. /tonne)
         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 53.22
                       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)
                       Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not   58.83
11.02 B I b) 2 (aa)
                       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 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 (2)                            0
11.02 C III (a )       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by     70.96
                       weight (without talc) — 1st category (3)
11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by     56.76
                       weight (without talc) — 2nd category (')
11.02 C IV             Pearled oats (')                                                                       0
11.02 D II             Rye not otherwise worked than kibbled
11.02 E I b) 1 ( aa )  Flaked oats, of an ash content, referred to dry matter, not exceeding 1 % by        53.22
                       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      69.21
                       weight, of a tegument content not exceeding 01 %, 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      55.37
                       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 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)        —
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0.9 % by      71.31
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0.7 % by weight
                                                                                                           57.94
ex 11.02 E II c) (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 % weight
11.02 E II e) i        Flaked rice                                                                         57.19
11.02 F III            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                                        18-67
11.02 G II             Gerza of cereals other than wheat, whole, rolled, flaked or ground                  11.14
 ---pagebreak--- 1 . 3 . 77                                Official Journal of the European Communities                                          No L 56/23
                                                                                                                                   (n M Jtonne)
          Number
     in nomenclature                                       Nomenclature in simplified wording
                                                                             .
                                                                                                                                   Refund
     used for refunds
                                                                                                                             I
11.08 AI                     Maize starch .                                                                                        57.19
11.08 Ail                    Rice starch                                                                                            64.96
11.08 A III                  Wheat starch                                                                                         138.51
11.08 A IV                   Potato starch                                                                                          57.19
11.08 A V                    Starches other than maize, rice, wheat, or potato starch                                               57.19
11.09 A                       Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                     251-84
                              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                       74.59.
                              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                           57.19
                              weight of the pure product, other than glucose in the form of white crystalline
                              powder, whether or not agglomerated (4)
17.05 B I
                              Flavoured or coloured glucose, in the form of white crystalline powder, whether                       74.59
                              or not agglomerated
17.05 B II
                              Flavoured or coloured glucose and glucose syrup, other than in the form of                            57-19
                              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 ) 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                            71-04
                              steeping liquors), of a protein content, calculated on dry matter, not exceeding
                              63 % by weight (N X 6.25)
O 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 % 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 (FEC) 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 « 1968
    p. 46).
 O 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 .                                                                           -