CELEX: 31976R0434
Language: en
Date: 1976-02-28 00:00:00
Title: Commission Regulation (EEC) No 434/76 of 27 February 1976 fixing the export refunds on products processed from cereals and rice

No L 53/ 16                             Official Journal of the European Communities                             28 . 2. 76
                                    COMMISSION REGULATION (EEC) No 434/76
                                                      of 27 February 1976
                    fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                     Whereas Article 6 of Council Regulation (EEC) No
 COMMUNITIES,                                                      2744/75 of 29 October 1975 on the import and export
                                                                   system for products processed from cereals and from
Having regard to the Treaty establishing the European              rice (8), defines the specific criteria to be taken into
 Economic Community,                                               account when the refund on these products is being
                                                                   calculated ;
 Having regard to Council Regulation (EEC) No
2727/75 of 29 October 1975 on the common organiza­
tion of the market in cereals ('), as amended by Regula­           Whereas, on the basis of the criteria laid down in
 tion (EEC) No 3058/75 (2), and in particular the first            Regulation (EEC) No 2744/75, particular account
sentence of the fourth subparagraph of Article 16 (2)              should be taken of the prices and quantities of basic
thereof ;                                                          products used to calculate the variable component of
                                                                   the levy ; whereas, therefore, as is laid down for the
 Having regard to Council Regulation No 359/67/EEC                 determination of the variable component, account
of 25 July 1967 on the common organization of the                  should be taken of the average of the levies on the
market in rice (3), as last amended by Regulation                  basic products concerned during a representative
(EEC) No 668/75 (4), and in particular the first                   period, namely the first 25 days of the month
sentence of the fourth subparagraph of Article 17 (2)               preceding the month of exportation ; whereas this
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
Whereas Article 16 of Regulation (EEC) No 2727/75                  (EEC) No 1077/68 (9), as amended by Regulation
and Article 17 of Regulation No 359/67/EEC provide
                                                                   (EEC) No 2764/71 (10), provide that the amount of the
that the difference between quotations or prices on
                                                                   export refund should, for certain products, be reduced
the world market for the products listed in Article 1              by an amount equal to the production refund granted
of those Regulations and prices for those products                 in respect of the basic product ;
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 (5) of 29 October 1975, and Article 2 of                   export refund should be fixed at an amount which
Council Regulation No 366/67/EEC of 25 July 1967                   will cover the difference between Community prices
laying down general rules for granting export refunds              and world market prices ;
on cereals and rice respectively and criteria for fixing
the amount of such refunds (6), as last amended by
Regulation (EEC) No 478/75 ^7), provide that when                  Whereas when the refund is being calculated account
refunds are being fixed account must be taken of the               should be taken of the quantities of raw materials
existing situation and the future trend with regard to             used to determine the variable component of the
prices and availabilities of cereals, rice and broken rice         levy ; whereas the quantities of raw materials used for
on the Community market on the one hand and                        certain processed products may vary according to the
prices for cereals, rice and broken rice on the world              end use of the product ; whereas, depending on the
market on the other ; whereas the same Articles                    manufacturing process used, products other than the
provide that it is also important to ensure equilibrium            main product are obtained, the quantity and value of
and the natural development of prices and trade on                 which may vary with the nature and quality of the
the markets in cereals and rice and, furthermore, to               main products being manufactured ; whereas cumula­
take into account the economic aspect of the                       tion of the refunds on the various products manufac­
proposed exports, and the need to avoid disturbances               tured by a single process from the same basic product
on the Community market ;                                          may make it possible, in certain cases, to export to
                                                                   third countries at prices which are lower than world
(») OJ No  L 281 , 1 . 11 . 1975, p. 1 .                           market prices ; whereas the refund on certain products
(2) OJ No  L 306, 26. 11 . 1975, p. 3 .                            should therefore be limited to an amount which,
(3) OJ No  174, 31 . 7. 1967, p. 1 .
(4) OJ No  L 72, 20 . 3 . 1975, p. 18 .
(5) OJ No  L 281 , 1 . 11 . 1975, p. 78 .                          (8) OJ No L 281 , 1 . 11 . 1975, p. 65.
(*) OJ No  174, 31 . 7. 1967, p. 34.                               (9) OJ No L 181 , 27. 7. 1968, p. 1 .
(7) OJ No  L 52, 28 . 2. 1975, p. 34.                              (10) OJ No L 283, 24. 12. 1971 , p. 30.
 ---pagebreak--- 28 . 2. 76                           Official Journal of the European Communities                            No L 53/ 17
while allowing access to the world market, will ensure         — in the case of currencies which are maintained in
that the aims of the common organization of the                       relation to each other, at any given moment,
markets are respected ;                                               within a band of 2-25 % , a rate of exchange based
                                                                      on their effective parity ;
Whereas the refund to be granted in respect of certain
processed products should be graduated on the basis            — for other currencies an exchange rate based on the
of the ash, crude fibre, tegument, protein, fat and                   arithmetic mean of the spot market rates of each
starch content of the individual product concerned,                   of these currencies recorded for a given period, in
this content being a particularly good indicator of the               relation to the Community currencies referred to
quantity of basic product actually incorporated in the                in the previous subparagraph ;
processed product ;                                            Whereas the refund must be fixed once a month ;
Whereas there is no need at present to fix an export
                                                               whereas it may be altered in the intervening period ;
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            HAS ADOPTED THIS REGULATION :
nity participation in world trade makes it unnecessary
to fix an export refund at the present time ;                                            Article 1
Whereas the world market situation or the specific
requirements of certain markets may make it neces­             The export refunds on the products listed in Article 1
sary to vary the refund for certain products according          (d) of Regulation (EEC) No 2727/75 and in Article 1
to destination ;                                                ( 1 ) (c) of Regulation No 359/67/EEC and subject to
                                                                Regulation (EEC) No 2744/75 are hereby fixed as
Whereas Regulation (EEC) No 2806/71 (*) lays down               shown in the Annex to this Regulation.
additional rules for gtanting export refunds for certain
products processed from cereals and rice ;                                               Article 2
Whereas, if the refund system is to operate normally,           This Regulation shall enter into force on 1 March
refunds should be calculated on the following basis :           1976 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 27 February 1976.
                                                                             For the Commission
                                                                               P.J. LARDINOIS
                                                                        Member of the Commission
(i) OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- No L 53 / 18                            Official Journal of the European Communities                               28 . 2 . 7(>
                                                              ANNEX
          Number                                                                                                   Refund in
      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 °/o by           39-95
                          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 e/o by              29-66
                          weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 °/o 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              50-57
                          weight and of a crude fibre content, referred to dry matter, not exceeding
                          0-8 °/o by weight
11.01 E ( II)             Maize flour, of a fat content, referred to dry matter, exceeding 1-3 °/o but not            43-34
                          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)                                      31-42
11.01 F                   Rice flour                                                                                  30-15
11.01 H                   Millet flour                                                                                  0
11.02 A III ( a )         Barley groats and meal, of an ash content, referred to dry matter, not exceeding            41-28
                          1 % by weight and of a crude fibre content, referred to dry matter, not
                          exceeding 0-9 % by weight
11.02 AIII (b )           Barley groats and meal not included under No 11.02 A III (a)                                  0
11.02 AIV ( a )           Oat groats and meal, of an ash content, referred to dry matter, not exceeding               29-66
                          2-3 °/o by weight, of a tegument content not exceeding 0-1 °/o, of a moisture
                          content not exceeding 11 °/o and of which the peroxydase is virtually inactivated
11.02 AIV (b )            Oat groats and meal not included under No 11.02 A IV (a)                                      0
1 1 .02 A V ( a)          Maize groats and meal, of a fat content, referred to dry matter, not exceeding              65-02
                          0-9 °/o 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              50-57
                          1-3 % by weight and of a crude hbre content, reieireu ιυ uiy mana , nut
                          exceeding 0-8 °/o by weight (l)
11.02 A V (c)             Maize groats and meal, of a fat content, referred to dry matter, exceeding                  43-34
                          1-3 % by weight but not exceeding 1-7 °/o by weight and of a crude fibre content,
                          referred to dry matter, not exceeding 1 Ό % weight (1)
11.02 A VI                Rice groats and meal                                                                        30-15
11.02 B I a ) 1 ( aa )    Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not           39-95
                          exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                          not exceeding 0-9 °/o 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             26-37
                          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)
1 1.02 B 1 1) 2 bb) (22)  Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11) (·)           0
 ---pagebreak--- 28 . 2. 76                           Official Journal of the European Communities                           No L 53/ 19
         Number                                                                                                 Refund in
     in nomenclature                                 Nomenclature in simplified wording                     u. a. /metric ton
     med for refunds                                                                                       (third countries)
11.02 B I b) 1 (aa)    Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not         39-95
                       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 )
                       Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not           28-02
11.02 B I b) 2 (aa)
                       exceeding 2-3 °/o weight, of a tegument content not exceeding 0-1 %, of a moisture
                       content not exceeding 11% and of which the peroxydase is virtually inactivated
                       (' Grütze' or 'Grutten') (2 )
11.02 B I b) 2 (bb)    Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)                   0
                       ('Grütze' or 'Grutten') (2)
11.02 B II a) ( 1 )    Hulled (shelled or husked) wheat, not sliced or kibbled (*)                                   0
11.02 C III (a)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by             53-26
                       weight (without talc) — 1st category (®)
1 1.02 C III (b)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by             42-61
                       weight (without talc) — 2nd category (®)
11.02 C IV             Pearled oats (s)                                                                              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                39-95
                       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              32-96
                       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              26-37
                       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              57-79
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 % by weight
                                                                                                                   46-96
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                                                                                 30-15
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                                                  8-31
11.02 G II             Gerr.i of cereals other than wheat, whole, rolled, flaked or ground                          9-03
11.07 A I a)           Unroasted malt, obtained from wheat, in the form of flour                                    —
 ---pagebreak---  No L 53 /20                                Official Journal of the European Communities                                              28 . 2 . 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
  11.07 A Γι a )               Unroasted malt, other than that obtained from wheat, in the form of flour                                   —
 1.1.07 A II W)                Unroasted malt, other than that obtained from wheat, other than in the form                                 —
                               of flour
 11.07 B                       Roasted malt                                                                                                —
 11.08 AI                      Maize starch                                                                                               42-05
 11.08 AIII                    Wheat starch                                                                                        '      37-22
 11.08 AIV                     Potato starch                                                                                              42-05
 11.08 A V                     Starches other than maize, rice, wheat, or potato starch                                                   42-05
 1 1.09 A                      Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                            67-68
                               82 °/o 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                            54-85
                               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                               42-05
                               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                            54-85
                               or not agglomerated
 17.05 B II                    Flavoured or coloured glucose and glucose syrup, other than in the form of                                 42-05
                               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                            7-68
                               maize or rice of a starch content not exceeding 35 °/o by weight
 23.02 A I b ) 1               Brans, sharps and other residues derived from the sifting, milling or working of                            7-68
                               maize or rice, of a starch content exceeding 35 % but not exceeding 45 °/o by
                               weight, and having undergone a denaturing process
 23.02 A I b ) 2               Brans, sharps and other residues derived from the sifting, milling or working of                            7-68
                               maize or rice, of a starch content exceeding 35 °/o by weight, and not having
                               undergone a denaturing process, or of a starch content exceeding 45 °/o by weight
                               and having undergone denaturing process
 23.02 A II a )                Brans, sharps and other residues derived from the sifting, milling or working                               7-68
                               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
 23.02 A II b )                Brans, sharps and other residues derived from the sifting, milling or working of                            7-68
                               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                                52-24
                               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 % 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. 6. 1961,
    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. 1969,
    p. 46).
{') Prrsuant to Regulation (EEC) No 2730/75 the product falling within subheading 17.02 B I enjoys the same export refund as the oroduct falling
    within Mibheading 17.02 B II .