CELEX: 31974R1654
Language: en
Date: 1974-06-29 00:00:00
Title: Regulation (EEC) No 1654/74 of the Commission of 28 June 1974 fixing the export refunds on products processed from cereals and rice

No L 175/ 24                             Official Journal of the European Communities                               29 . 6 . 74
                              REGULATION ( EEC) No 1654/74 OF THE COMMISSION
                                                       ' of 28 June 1974
                       fixing the export refunds "on products processed from cereals and rice
 THE COMMISSION OF THE EUROPEAN                                      the economic aspect of the proposed exports, and the
 COMMUNITIES,                                                        need to avoid disturbances on the Community
                                                                     market ;
 Having regard to the Treaty establishing the European
 Economic Community ;
                                                                     Whereas Article 6 of Council Regulation (EEC) No
 Having regard to Council Regulation No 120/                          1052/68 (9) of 23 July 1968 on the import and export
 67/ EEC (') of 13 June 1967 on the common organiza­                 system for products processed from cereals and from
 tion of the market in cereals, as last amended by Regu­             rice, as last amended by Regulation (EEC) No
 lation ( EEC) No 1 346/73 (2), and in particular the first          881 /73 ( l0), defines the specific criteria to.be taken
 sentence of the fourth subparagraph of Article 16 (2)               into account when the refund on these products is
 thereof ;                                                           being calculated ;
 Having regard to Council Regulation No 359/
                                                                     Whereas, on the basis of the criteria laid down in
 67/ EEC (3) of 25 July 1967 on the common organiza­
 tion of the market in rice, as last amended by the                  Regulation ( EEC) No 1052/ 68 , particular account
 Act (4) annexed to the Treaty (5) on the Accession of               should be taken of the prices and quantities of basic
 new Member States to the European Eponomic                          products used to calculate the variable component of
 Community and the' European Atomic Energy                           the levy ; whereas, therefore, as is laid down for the
 Community, signed at Brussels on 22 January 1972,                   determination of the variable component, account
 and in particular the first sentence of the fourth sub­             should be taken of the average of the levies on the
 paragraph of Article 1 7 (2) thereof ;                              basic products concerned during a representative
                                                                     period, namely the first 25 days of the month
 Having regard to the Opinion of the Monetary                        preceding the month of exportation ; whereas this
 Committee ;                                                         average should be adjusted, for the threshold price for
                                                                     these basic products which will be in force during the
 Whereas Article 16 of Regulation No 120/67/EEC                      month of exportation ; whereas Article 8 of Regula­
 and Article 17 of Regulation No 359/67/ EEC provide                 tion (EEC) No 1052/68 and Article 1 of Regulation
 that the difference between quotations or prices on                ( EEC) No 1077/68 ("), amended by Regulation (EEC)
 the world market for the products listed in Article 1               No 2764/71 ( 12), provide that the amount of the
 of those Regulations and prices for those products                 export refund should, for certain products, be reduced
 within the Community may be covered by an export                   by an amount equal to the production refund granted
 refund ;                                                            in respect of the basic product ;
 Whereas Article 2 of Council Regulation No 139/
 67/ EEC (6) of 21 June 1967 and Article 2 of Council               Whereas it follows from applying these rules and
 Regulation No 366/67/ EEC (7) of 25 July 1967 laying               criteria to the present situation on the market in
 down general rules for granting export refunds on                   products processed from cereals and rice that the
 cereals and rice respectively and criteria for fixing the          export refund should be fixed at an amount which
 amount of such refunds, as amended by Regulation                   will cover the difference between Community prices
 No 1019/67/ EEC (8), provide that when refunds are                 and world market prices ;
 being fixed account must be taken of the existing situ­
 ation and the future trend with regard to prices and               Whereas when the refund is being calculated account
 availabilities of cereals, rice and broken rice on the             should be taken of the quantities of raw materials
 Community market on the one hand and prices for                    used to determine the variable component of the
 cereals, rice and broken rice on the world market on               levy ; whereas the quantities of raw materials used for
 the other ; whereas the same Articles provide that it is           certain processed products may vary according to the
 also important to ensure equilibrium and the natural               end use of the product ; whereas, depending on the
development of prices and trade on the markets in                   manufacturing process used, products other than the
cereals and rice and , furthermore, to take into account            main product are obtained, the quantity and value of
                                                                    which may vary with the - nature and quality of the
(')  OJ No   117, 19 . 6. 1967, p. 2269/67.                         main products being manufactured ; whereas cumula­
(2)  OJ No   L 141 , 28 . 5. 1973, p. 8 .
(J)  OJ No   174, 31 . 7. 1967, p. 1 .                              tion of the refunds on the various products manufac­
(<)  OJ No   L 73, 27. 3 . 1972, p. 14.
(5)  OJ No   L 73, 27. 3 . 1972, p. 5.                              (9) OJ No L 179 , 25 . 7. 1968 , p. 8 .
(*>) OJ No   125, 26 . 6. 1967, p. 2453/67.                         0°) OJ No L 86, 31 . 3 . 1973 , p. 30 .
(7)  OJ No   174, 31 . 7. 1967, p. 34.                              (") OJ No L 181 , 27 . 7. 1968 , p. 1 .
(8)  OJ No   311 , 21 . 12. 1967, p. 13.                            ( 12) OJ No L 283, 24i 12. 1971 , p. 30.
 ---pagebreak--- 29 . 6 . 74                           Official Journal of the European Communities                         No L 175/ 25
tured by a single process from the same basic product           Whereas, if the refund system is to operate normally,
may make it possible, in certain cases, to export to             refunds should be calculated on the following basis :
third countries at prices which are lower than world            — in the case of currencies which are maintained in
market prices ; whereas the refund on certain products                relation to each other, at any given moment,
should therefore be limited to an amount which,
                                                                     within a band of 2-25 % , a rate of exchange based
while allowing access to the world market, will ensure                on their effective parity ;
that the aims of the common organization of the
markets are respected ;                                         — for other currencies an exchange rate based on the
                                                                      arithmetic mean of the spot market rates of each
Whereas the refund to be granted in respect of certain               of these currencies recorded for a given period, in.
processed products should be graduated on the basis                   relation to the Community currencies referred" to
of the ash , crude fibre, tegument, protein , fat and                 in the previous subparagraph ;
starch content of the individual product concerned,
this content being a particularly good indicator of the         Whereas the refund must be fixed once a month ;
quantity of basic product actually incorporated in the          whereas it may be altered in the intervening period ;
processed product ;                                             Whereas the measures provided for in this Regulation
Whereas there is no need at present to fix an export            are in accordance with the Opinion of the Manage­
refund for manioc, other tropical roots and tubers or            ment Committee for Cereals,
flours obtained therefrom , given the economic aspect
of potential exports and in particular the nature and            HAS ADOPTED THIS REGULATION :
origin of these products ; whereas, for certain products
processed from cereals, the insignificance of Commu­
                                                                                         Article 1
nity participation in world trade makes it unnecessary
to fix an export refund at the present time ;                   The export refunds on the products listed in Article 1
Whereas the world market situation or the specific              (d) of Regulation No 120/67/ EEC and in Article 1 ( 1 )
requirements of certain markets may make it neces­              (c) of Regulation No 359/67/ ^EC and subject to Regu­
sary to vary the refund for certain products according           lation (EEC) No 1052/68 are hereby fixed as shown in
to destination ;                                                 the Annex to this Regulation .
Whereas Regulation (EEC) No 2806/71 (') lays down                                        Article 2
additional rules for granting export refunds for certain
products processed from cereals and rice ;                      This Regulation shall enter into force on 1 July 1974.
              This Regulation shall be binding in its entirety and directly applicable in all Member"-
              States .
              Done at Brussels, 28 June 1974.
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the. Commission
(') OJ No L 2K4, 28 . 12 . 1971 , p. 9 .
 ---pagebreak--- No L 175 / 26                                 Official Journal of the European Communities                                   29 . 6 . 74
                                                                    ANNEX
           Number                                                                                                            Refund in
       in nomenclature                                       Nomenclature· in simplified wording                            u. a. /100 kg
       used for refunds                                                                                                  (third countnet)
11.01 C ( I )                    Barley flour, of an ash 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
                                 0-9 °/o weight
11.01 C ( 11 )                   Barley flour hot included under No 11.01 C (I )                                                   0
1 1 . 01 D ( I )                 Oat flour, of an ' ash content, referred to dry matter,- not exceeding 2*3 °/o by              0-090 .
                                 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
¡1.01 D ( 11 )                   Oat flour not included under No 11.01 D (I )                                                   0-051
 11.01 E ( I )                   Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 % b,y                 0-259
                                 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                0-222
                                 exceeding 1-7% by weight and of a crude fibre content, referred to dry matter,
                                 not exceeding 1 °/o by weight
11.01 E ( III )                  Maize flour not included under No 11.01 E (I) and (II)                                          0-161
11.01 F                           Rice flour                                                                                    1 —
11.01 H                           Millet flour                                                                                   0-888
1 1.02 A 111 ( 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 °/o 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                  0-090
                                  2-3 n/o 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
 1 1.02 A IV ( b) -               Oat groats and meal not included under No 11;02 A IV ( a)                                       0-051
 1 1 . 02 A V ( a )                Maize groats and meal, of a fat content, referred to dry matter, not exceeding                 0-333
                                   0-9 % by weight and a crude fibre content, referred to dry matter, not exceeding
                                   0-6 % by weight (')
  1 1 .02 A V ( b )                Maize groats and meal , of a fat content, referred to dry matter, not exceeding                0-259
                                   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                     0-222
                                   1-3 °/o by weight but not exceeding 1-7 % by weight and of a crude fibre content,
                                   referred to dry matter, not exceeding 1-0% weight ( 1 )
  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 (2)
   11.02 B I a ) 1 (bb )        & Hulled (shelled or husked ) barley not included under No 11.02 B I a) 1 (aa)^1 )                   0
   11.02 B I a) 2 ( aa )           Clipped oats                                                                                     —
   1 1.02 B 1 a ) 2 bb ) ( 11 )    Hulled (shelled or husked ) oats, of an ash content, referred to dry matter, not               0-080
                                   exceeding 2-3 °/o by weight, of a tegument content not exceeding 0-5 °/o, of a
                                    moisture content not exceeding 1 1 °/o and of which the Peroxydase is virtually
                                    inactivated (2)
   1 1.02 B I a ) 2 bb ) ( 22 )     Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (·)          0-051
 ---pagebreak--- 29 . 6. 74                           Official Journal of the European Communities                           No L 175 /27
         Number                                                                                                 Refund in
     in nomenclature                                  Nomenclature in simplified wording                       u.a./lOO kg
     used for refunds                                                                                       (third countries]
11.02 Bib) 1 ( aa )     Hulled and sliced or kibbled bailey, of an ash content, referred ta dry matter, not
                        exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 0-9 °/o by weight (' Griitze' 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
                       (' Griitze' or ' Grutten') (2)
 11.02 Bib ) 2 ( aa )   Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not         0-085
                        exceeding 2-3 %> weight, of a tegument content not exceeding 0*1 %>, of a moisture
                        content not exceeding 11 °/o and of which the peroxydase is virtually inactivated
                       (' Griitze' 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)                0-051 .
                       (' Griitze' or ' Grutten') (2)
11.02 B II a ) ( 1 )   Hulled (shelled or husked) wheat, not sliced or kibbled (*)                                   0 ,
11.02 CIII ( 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 CIII ( b )       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by             0
                       weight (without talc) — 2nd category (3)
11.02 CIV              Pearled oats '(3)                                                                          0-051
11.02 D II             Rye not otherwise worked than kibbled                                                         0
1 1.02 E lb ) 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
                                                                                C>
1 1.02 E lb ) 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              0-100
                       weight, of a tegument content not exceeding 0-1 %>, 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 % by             0-080
                       weight, of a tegument content exceeding 0-1 %> but not exceeding 1-5 °/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)            0-051
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 °/o by           0-296
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 °/o by .weight
                       Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 % by             0-241
ex 11.02 E lie) ( 2 )
                       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 °/o but not          0-204
                       exceeding 1-7 °/o by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 % weight
11.02 E II e) 1        Flaked rice
11.02 Fill             Barley pellets
11.02 F IV             Oat pellets
11.02 F V              Maize pellets
I.1.02 G I             Wheat germ, whole, rolled, flaked or ground                                                  0
II.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                         0046
11.07 A It )           Unroasted malt, obtained from wheat, in the form of flour                                    0
 ---pagebreak---     No L 175/28                                Official Journal of the European Communities                                         29 . 6 . 74
            Number                                                                                                                 Refund in
        in nomenclature                                        Nomenclature in simplified wording                                 u.a./100 kg
        used for refunds                                                                                                       (third countrie
    11.07 A I b)                   Unroasted malt, obtained from wheat, other than in the form of flour                                0
    11.07 Alia )                   Unroasted malt, other than that obtained from wheat, in the form of flour                           0
   11.07 A II b)                   Unroasted malt, other than that obtained from wheat, other than in the form ,                       0
                                   of flour
   11.07 B                         Roasted malt                                                                                        0
   11.08 A I                       Maize starch                                                                                       —
   11.08 A III                     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 °/o 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 (4)
  17.05 B I                       Flavoured or coloured glucose, in the form of white crystalline powder, whether                    —
                                  or not agglomerated
  17.05 B II                      Flavoured or coloured glucose and glucose syrup, other than in the form of white                   —
                                 crystalline powder, whether or not agglomerated
                                  Brans, sharps and other residues derived from the sifting, milling or working of                 0-015
 23.02 A I a )
                                  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 of                 0-015
                               . maize or rice, of a starch content exceeding 35 °/o but not exceeding 45 % by
                            v.' weight, and having undergone a denaturing process
                                                                                                                                   0-015
 23.02 A I b) 2                  Brans, sharps and other residues derived from the sifting, milling or working of
                                  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
                                 Brans, sharps and other residues derived from the sifting, milling or working                     0-015
 23.02 A II a )
                                 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 °/o by weight or of which the sifted product has an ash
                                 content, calculated on dry matter, not exceeding 1-5 °/o by weight
                                 Brans, sharps and other residues derived from the sifting, milling or working of                  0-015
 23.02 A II b )
                                 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 °/o 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 %> 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. (. I96t,
    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).
(4) 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 .