CELEX: 31976R1870
Language: en
Date: 1976-07-31
Title: Commission Regulation (EEC) No 1870/76 of 30 July 1976 fixing the export refunds on products processed from cereals and rice

No L 206/ 18                               Official Journal of the European Communities                                31 . 7. 76
                                       COMMISSION REGULATION (EEC) No 1870/76
                                                            of 30 July 1976
                       fixing the export refunds on products processed from cereals and rice
 THE COMMISSION OF THE EUROPEAN                                        rice (6), as amended by Regulation (EEC) No
 COMMUNITIES,                                                          832/76 (7), defines the specific criteria to be taken into
                                                                       account when the refund on these products is being
 Having regard to the Treaty establishing the European                 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 11 43/76 (2), and in particular the               products used to calculate the variable component of
 first sentence of the fourth subparagraph of Article 16               the levy ; whereas, therefore, as is laid down for the
(2) thereof ;                                                          determination of the variable component, account
                                                                       should be taken of the average of the levies on the
 Having regard to           Council Regulation (EEC) No                basic products concerned during a representative
 1418/76 of 21 June            1976 on the common organiza­            period, namely the first 25 days of the month
tion of the market          in rice (3), and in particular the         preceding the month of exportation ; whereas this
fourth subparagraph          of Article 17 (2) thereof,               average should be adjusted for the threshold price for
                                                                       these basic products which will be in force during the
 Having regard to the opinion of the Monetary                          month of exportation ; whereas Article 8 of Regula­
Committee ,                                                           tion (EEC) No 2744/75 and Article 1 of Regulation
                                                                      (EEC) No 1077/68 (8), as amended by Regulation
Whereas Article 16 of Regulation (EEC) No 2727/75                     (EEC) No 2764/71 (9), provide that the amount of the
and Article 17 of Regulation (EEC) No 1418/76                         export refund should, for certain products, be reduced
provide that the difference between quotations or                     by an amount equal to the production refund granted
prices on the world market for the products listed in                 in respect of the basic product ;
Article 1 of those Regulations and prices for those
products within the Community may be covered by
an export refund ;                                                    Whereas it follows from applying these rules and
                                                                      criteria to the present situation on the market in
Whereas Article 2 of Council Regulation (EEC) No                      products processed from cereals and rice that the
2746/75 of 29 October 1 975 (4), and Article 2 of                     export refund should be fixed at an amount which
Council Regulation (EEC) No 1431 /76 of 21 June                       will cover the difference between Community prices
 1 976 (5) laying down general rules for granting export              and world market prices ;
refunds on cereals and rice respectively and criteria for
fixing the amount of such refunds, provide that when
refunds are being fixed account must be taken of the                  Whereas when the refund is being calculated account
existing situation and the future trend with regard to                should be taken of the quantities of raw materials
prices and availabilities of cereals, rice and broken rice            used to determine the variable component of the
on the Community market on the one hand and                           levy ; whereas the quantities of raw materials used for
prices for cereals, rice and broken rice on the world                 certain processed products may vary according to the
market on the other ; whereas the same Articles                       end use of the product ; .whereas, depending on the
provide that it is also important to ensure equilibrium               manufacturing process used, products other than the>
and the natural development of prices and trade on                    main product are obtained, the quantity and value of
the markets in cereals and rice and, furthermore, to                  which may vary with the nature and quality of the
take into account the economic aspect of the                          main products being manufactured ; whereas cumula­
proposed exports, and the need to avoid disturbances                  tion of the refunds on the various products manufac­
on the Community market ;                                             tured by a single process from the same basic product
                                                                      may make it possible, in certain cases, to export to
Whereas Article 6 of Council Regulation (EEC) No                      third countries at prices which are lower than world
2744/75 of 29 October 1975 on the import and export                   market prices ; whereas the refund on certain products
system for products processed from cereals and from                   should therefore be limited to an amount which ,
                                                                      while allowing access to the world market, will ensure
(')  OJ  No  L 281 ,  1 . 11 .  1975, p. 1.
(2)  OJ  No  L  130 . 19 . 5 .  1976, p. 1.                           (') OJ No L 281 , 1 . 11 . 1975, p. 65 .
(>)  OJ  No  L  166,  25 . 6 .  1976, p. 1.                             7 OJ No L 100, 14. 4. 1976, p. 1 .
(4 ) OJ  No  L 281 ,  1 . 11 :  1975, p. 78 .                         (8) Ol No L 181 , 27. 7. 1968 , p. 1 .
  5  OJ  No  L  166,  25. 6.    1976, p. 36 .                         H O) No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak--- 31 . 7. 76                            Official Journal of the European Communities                           No L 206/ 19
 that the aims of the common organization of the                       within a band of 2-25 % , a rate of exchange based
 markets are respected ;                                               on their effective parity ;
Whereas the refund to be granted in respect of certain          — for other currencies an exchange rate based on the
processed products should be graduated on the basis                    arithmetic mean of the spot market rates of each
of the ash, crude fibre, tegument, protein, fat and                    of these currencies recorded for a given period, in
starch content of the individual product concerned,                    relation to the Community currencies referred to
this content being a particularly good indicator of the                in • the previous subparagraph ;
quantity of basic product actually incorporated in the
                                                                Whereas the refund must be fixed once a month ;
processed product ;
                                                                whereas it may be altered in the intervening period ;
Whereas there is no need at present to fix an export
refund for manioc, other tropical roots and tubers or           Whereas the measures provided for in this Regulation
flours obtained therefrom, given the economic aspect            are in accordance with the opinion of the Manage­
of potential exports and in particular the nature and           ment Committee for Cereals,
origin of these products ; whereas, for certain products
processed from cereals, the insignificance of Commu­
nity participation in world trade makes it unnecessary           HAS ADOPTED THIS REGULATION :
to fix an export refund at the present time ;
Whereas the world market situation or the specific                                         Article 1
requirements of certain markets may make it neces­
sary to vary the refund for certain products according          The export refunds on the products listed in Article 1
to destination ;                                                (d) of Regulation (EEC) No 2727/75 and in Article 1
                                                                ( 1 ) (c) of Regulation (EEC) No 1418/76 and subject to
Whereas Regulation (EEC) No 2806/71 (*) lays down
                                                                Regulation (EEC) No 2744/75 are hereby fixed as
additional rules for granting export refunds for certain        shown in the Annex to this Regulation .
products processed from cereals and rice ;
Whereas, if the refund system is to operate normally,                                      Article 2
refunds should be calculated on the following basis :
— in the case of currencies which are maintained in             This Regulation shall enter into force on 1 August
     relation to each other, at any given moment,                1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 30 July 1976.
                                                                              For the Commission
                                                                                P.J. LARDINOIS
                                                                        Member of the Commission
(') OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- No L 206/20                             Official Journal of the European Communities                              31 . 7. 76
                                                            ANNEX
        Number                                                                                                    Refund is
    in nomenclature                                  Nomenclature in simplified wording                        u.a./metric ton
    used for refunds                                                                                          (third countries)
11.01 C ( I)              Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 % by           30.18
                          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              23.04
                          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             32.10
                          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             27.52
                          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)                                    19.95
11.01 F                   Rice flour                                                                                35.60
11.02 A III ( a)          Barley groats and meal, of an ash content, referred to dry matter, not exceeding          31.19
                          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             23.04
                          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            41.28
                          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            32.10
                           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                27.52
                           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                                                                      35.60
11.02 B I a ) 1 ( aa )    Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not         30.18
                          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                                                                                —
                                                                                                                    20.49
11.02 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 a tegument content not exceeding 0*5 % of a
                          moisture content not exceeding 11 % and of which the peroxydase is virtually
                          inactivated (l)
U.02B I a) 2 bb) (22)     Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11) (*)        0
 ---pagebreak---   31 . 7. 76                          Official Journal of the European Communities                          No L 206/21
                                               -
           Number                                                                                               Refund in
       in nomenclature                              Nomenclature in simplified wording                       u.a./metric too
      used for refunds                                                                                      (third countries)
  11.02 Bib) 1 (aa)     Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not       30.18
                        exceeding 1 % by weight and of a crude fibre content, referred to dry matter,
                        not exceeding 0-9 % by weight ('Grütze' or 'Grutten') (2)
  11.02 Bib) 1 (bb)     Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)             0
                        ('Grütze' or 'Grutten') (2)
  11.02 Bib) 2 (aa)     Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not         21.76
                        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 (l)                                0
 11.02 C III (a)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by          40.24
                        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          32.19
                        weight (without talc) — 2nd category (*)
 11.02 C IV             Pearled oats (8)                                                                           0
 1 1.02 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             30.18
                        weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-9 % by weight
 11.02 E lb) 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 */o by          25.60
                       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 1.0(2 E I b) 2 (bb)  Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 % by            20.49
                       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 lie) ( 1 )  Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 % by            36.69
                       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           29.81
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-8 % by weight
ex 11.02 E li e) (3)   Flaked maize, of a fat content, referred to dry matter, exceeding 1-3 8/o 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                                                                              35.60
11.02 F III            Barley pellets                                                                             —
11.02 F IV             Oat pellets                                                                                —
11.02 FV               Maize pellets                                                                              —
11.02 G I              Wheat germ, whole, rolled, flaked or ground                                                8.18 '
11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                          5.74
11.07 A I a)           Unroasted malt, obtained from wheat, in the form of flour                                58.19
 ---pagebreak---    No L 206/22                              Official Journal of the European Communities                                              31 . 7. 76
            Number                                                                                                                    Refund in
        in nomenclature                                       Nomenclature in simplified wording                                  u. a. /metric ton
       used for refunds                                                                                                          (third countries)
   11.07 A I b)                Unroasted malt, obtained from wheat, other than in the form of flour                                      43.48
   11.07 A H a)                Unroasted malt, other than that obtained from wheat, in the form of flour                                 40.15
  11.07 A II h)                Unroasted malt, other than that obtained from wheat, other than in the form                               30.00
                               of flour
  11.07 B                      Roasted malt                                                                                              34.96
  11.08 A I                    Maize starch                                                                                       ,      17.77
  11.08 A II                   Rice starch                                                                                               35.16
  11.08 A III                  Wheat starch                                                                                              34.52
  11.08 A IV                   Potato starch                                                                                             17.77
  11.08 A V                    Starches other than maize, rice, wheat, or potato starch                                                  17.77
  11.09 A                      Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                           62.76
                               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                           23.17
                               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                                17.77
                               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                          23.17
                              or not agglomerated
  17.05 B II                  Flavoured or coloured glucose and glucose syrup, other than in the form of                                17.77
                              white crystalline powder, whether or not agglomerated
 23.0? 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                               22.07
                              steeping liquors), of a protein content, calculated on dry matter, not exceeding
                              63 % by weight (N X 6*25)
C) 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 (EEC) No 821/68 (OJ No L 149, 29. (. IMS,
    p. *6).
O 'Pearled grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 121/68 (OJ No L 149, 29. 4. Wt,
    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.