CELEX: 31973R2642
Language: en
Date: 1973-09-29 00:00:00
Title: Regulation (EEC) No 2642/73 of the Commission of 28 September 1973 fixing the export refunds on products processed from cereals and rice

No L 273/22                                 Official Journal of the European Communities                               29 . 9. 73
                                 REGULATION (EEC) No 2642/73 OF THE COMMISSION
                                                          of 28 September 1973
                            fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                         thermore, to take into account the economic aspect
COMMUNITIES,                                                           of the proposed exports and the need to avoid distur­
                                                                       bances on the Community market ;
Having regard to the Treaty establishing the Euro­
pean Economic Community ;                                              Whereas Article 6 of Council Regulation (EEC) No
Having regard to Council Regulation No 120/67/                          1052/68 (9) of 23 July 1968 on the import and ex­
EEC (*) of 13 June 1967 on the common organiza­                        port system for products processed from cereals and
tion of the market in cereals, as last amended by                      from rice, as last amended by Regulation (EEC) No
Regulation ( EEC) No 1346/73 (2), and in particular                     881 /73 ( 10), defines the specific criteria to be taken
the first sentence of the fourth subparagraph of                       into account when the refund on these products is
Article 16 (2) thereof ;                                               being calculated ;
Having regard to Council Regulation No 359/67/                         Whereas, on the basis of the criteria laid down in
EEC (3) of 25 July 1967 on the common organiza­                        Regulation (EEC) No 1052/68 , particular account
tion of the market in rice, as last amended by the                     should be taken of the prices and quantities of basic
Act (4) annexed to the Treaty (5) on the Accession                     products used to calculate the variable component
of new Member States to the European Economic                          of the levy ; whereas, therefore, as is laid down for
Community and the European Atomic Energy Com­                          the determination of the variable component, ac­
munity, signed at Brussels on 22 January 1972, and                     count should be taken of the average of the levies
 in particular the first sentence of the fourth sub­                   on the basic products concerned during a representa­
paragraph of Article 17 (2) thereof ;                                  tive period, namely the first twenty-five days of the
                                                                        month preceding the month of exportation ; whereas
 Having regard to the Opinion of the Monetary                          this average should be adjusted for the threshold
 Committee ;                                                           price for these basic products which will be in
                                                                        force during the month of exportation ; whereas Art­
Whereas Article 16 of Regulation No 120/67/EEC                          icle 8 of Regulation (EEC) No 1052/68 and Article
and Article 17* of Regulation No 359/67/EEC pro­                         1 of Regulation (EEC) No 1077/68 (u), amended by
vide that the difference between quotations or prices                   Regulation (EEC) No 2764/71 ( 12), provide that
on the world market for the products listed in Ar­                     the amount of the export refund should, for certain
ticle 1 of those Regulations and prices for those                       products, be reduced by an amount equal to the pro­
products within the Community may be covered                            duction refund granted in respect of the basic pro­
by an export refund ;                                                   duct ;
Whereas Article 2 of Council Regulation No 139/67/                      Whereas it follows from applying these rules and cri­
EEC (6) of 21 June 1967 and Article 2 of Council                       teria to the present situation on the market in pro­
 Regulation No 366/67/EEC (7) of 25 July 1967 lay­                      ducts processed from cereals and rice that the export
ing down general rules for granting export refunds                      refund should be fixed at an amount which will
on cereals and rice respectively and criteria for fix­                  cover the difference between Community prices and
ing the amount of such refunds, as amended by Reg­                      world market prices ;
 ulation No 1019/67/EEC (8), provide that when re­
funds are being fixed account must be taken of the                     Whereas when the refund is being calculated ac­
existing situation and the future trend with regard                     count should be taken of the quantities of raw mate­
to prices and availabilities of cereals, rice and                       rials used to determine the variable component of
broken rice on the Community market on the one                          the levy ; whereas the quantities of raw materials
hand and prices for cereals, rice and broken rice on                    used for certain processed products may vary accord­
the world market on the other ; whereas the same                        ing to the end use of the product ; whereas, depend­
Articles provide that it is also important to ensure                    ing on the manufacturing process used, products
equilibrium and the natural development of prices                       other than the main product are obtained, the quan­
and trade on the markets in cereals and rice and, fur­                  tity and value of which may vary with the nature
                                                                        and quality of the main products being manufac­
                                                                        tured ; whereas cumulation of the refunds on the
 (») OJ No  117, 19.6. 1967, p . 2269/67.                               various products manufactured by a single process
 (*) OJ No  L 141 , 28 . 5 . 1973 , p . 8 .                             from the same basic product may make it possible,
 (») OJ No   174, 31.7. 1967, p. 1 .
 {*) OJ No  L 73 , 27. 3 . 1972, p. 14 .
 (•) 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.                             ( 10) OJ No L 86, 31 . 3 . 1973, p . 30.
 (') 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, 24. 12. 1971 , p. 30,
 ---pagebreak--- 29. 9. 73                             Offioial Journal of the European Communities                        No L 273/23
in certain cases, to export to third countries at prices        Whereas, if the refund system is to operate normally,
which are lower than world market prices ; whereas              refunds should be calculated on the following basis :
the refund on certain products should therefore be
limited to an amount which, while allowing access               — in the case of currencies which are maintained in
to the world market, will ensure that the aims of the                relation to each other, at any given moment,
common organization of the markets are respected ;                   within a band of 2-25 °/o, a rate of exchange
                                                                     based on their effective parity ;
Whereas the refund to be granted in respect of cer­
tain processed products should be graduated .on the             — for other currencies an exchange rate based on
basis of the ash, crude fibre, tegument, protein, fat                the arithmetic mean of the spot market rates
and starch content of the individual product con­                    of each of these currencies recorded for a given
cerned, this content being a particularly good indica­               period, in relation to the Community currencies
tor of the quantity of basic product actually incor­                 referred to in the previous subparagraph ;
porated in the processed product ;                              Whereas the refund must be fixed once a month ;
                                                                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              Whereas the measures provided for in this Regula­
or flours obtained therefrom, given the economic                tion are in accordance with the Opinion of the Man­
aspect of potential exports and in particular the               agement Committee for Cereals ;
nature and origin of these products ; whereas, for cer­
tain products processed from cereals, the insignifi­            HAS ADOPTED THIS REGULATION :
cance . of Community participation in world trade
makes it unnecessary to fix an export refund at the                                      Article 1
present time ;
                                                                The export refunds on the products listed in Article
Whereas the world market situation or the specific              1 (d) of Regulation No 120/67/EEC and in Article
requirements of certain markets may make it neces­              1 ( 1 ) (c) of Regulation No 359/67/EEC and subject
sary to vary the refund for certain products accord­            to Regulation (EEC) No 1052/68 are hereby fixed as
ing to destination ;                                            shown in the Annex to this Regulation .
 Whereas Regulation (EEC) No 2806/71 (*) lays                                            Article 2
down additional rules for granting export refunds
for certain products processed from cereals and                 This Regulation shall enter into force on 1 October
rice ;                                                           1973 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 28 September 1973 .
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                        Member of the Commission
 (*) OJ No L 284, 28 . 12. 1971 , p. 9.
 ---pagebreak--- No L 273 /24                                  Official Journal of the European Communities                                  29 . 9. 73
                                                                    ANNEX
           Number                                                                                                           Refund in
       in nomenclature                                       Nomenclature in simplified wording                            u. a. /100 kg
      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              —
                                  weight and of a crude fibre content, referred to dry matter, not exceeding
                                  0-9 °/o weight
11.01 C ( II )                    Barley flour not included under No 11.01 C (I)                                                  —
11.01 D ( I )                     Oat flour, of an ash content, referred to dry matter, not exceeding 2·3 °/o by                  0
                                  weight, of a crude fibre content, referred to dry matter, not exceeding 1-8 %> by
                                  weight, of a moisture content not exceeding 1 1 % and of which the Peroxydase
                                  is virtually inactivated
'. 1.01 D (II)                    Oat flour not included under No 11.01 D (I )                                                    0
 1 1 .01 E (I )                   Maize flour, of a fat content, referred to dry matter, not exceeding 1-3 °/o by                  0
                                  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 % but not                   0
                                  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 )                                        0
 11.01 F                          Rice flour                                                                                      —
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                —
                                   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)                                    —
  11.02 A IV ( a )                Oat groats and meal, of an ash content, referred to dry matter, not exceeding                    0
                                   2-3 % by weight, of a tegument content not exceeding 0-1 %, of a moisture con­
                                   tent not exceeding 11 % 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
  11.02 A V ( a )                  Maize groats and meal, of a fat content, referred to dry matter, not exceeding                  0
                                   0·9 % by weight and a crude fibre content, referred to dry matter, not exceeding
                                   0-6 °/o by weight (')
  11.02 A V ( b )                  Maize groats and meal, of a fat content, referred to dry matter, not exceeding                  0
                                   1-3 °/o 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
                                   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                                                                           —
  1 1.02 B I a ) 1 ( aa )          Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not              —
                                   exceeding 1 % 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) (*)                —
  11.02 B I a ) 2 ( aa )           Clipped oats                                                                                   —
  1 1.02 B I a ) 2 bb ) ( 11 )     Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not                  0
                                   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 a ) 2 bb ) ( 22 )    Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) ( 11 ) (')             0
 ---pagebreak--- 29 . 9 . 73                          Official Journal of the European Communities                            No L 273/25
          Number                                                                                                Refund in
      in nomenclature                                   Nomenclature in simplified wording                      u.a ./100 kg
     used for refunds                                                                                        (third countries)
1 1.02 B I b) 1 ( aa )   Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not         —
                         exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                         not exceeding 0·9 % by weight ('Grütze' or ' Grutten') (2)
1 1.02 B I b) 1 ( bb)    Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)              —
                         (' Grütze' or ' Grutten') (2)
 1 1.02 B I b) 2 ( aa )  Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not             0
                         exceeding 2-3 % weight, of a tegument content not exceeding 0-1 °/o, 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 )
 1 1.02 B II a ) ( 1 )   Hulled (shelled or husked) wheat, not sliced or kibbled (2)                                  —
 1 1.02 C III ( a)       Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by            —
                         weight (without talc) — 1st category (3)
 11.02 C III (b)         Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by            —
                         weight (without talc) — 2nd category (3)
 11.02 C IV              Pearled oats (3)                                                                              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                —
                          weight and oí a crude fibre content, referred to dry matter, not exceeding
                          0-9 °/o by weight
 1 1.02 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 °/o by              0
                          weight, of a tegument content not exceeding 0-1 °/o, of a moisture content not
                          exceeding 12 °/o and of which the Peroxydase is virtually inactivated
 1 1.02 E I b ) 2 ( bb ) Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 °/o by              0
                          weight, of a tegument content exceeding 0·1 °/o but not exceeding l;5°/o, 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)               0
 ex 11.02 E II c) ( 1 )  Flaked maize, of a fat 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
                          0-7 % by weight
                          Flaked maize, of a fat content, referred to dry matter, not exceeding 1·3 °/o by             0
 ex 1 1.02 E II c) ( 2 )
                         weight and of a crude fibre content, referred to dry matter, not exceeding
                         0-8 % by weight
                         Flaked maize, of a fat content, referred to dry matter, exceeding 1-3 % but not               0
 ex i 1.02 E II c) (3 )
                         exceeding 1·7 °/o by weight and of a crude fibre content, referred to dry matter,
                         not exceeding 1 °/o weight
 11.02 E II e) 1         Flaked rice                                                                                  —
 1 1.02 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                                                  —
 11.02 G II              Germ of cereals other than wheat, whole, rolled, flaked or ground                            0
 11.07 A I a )           Unroasted malt, obtained from wheat, in the form of flour
 ---pagebreak--- No L 273 /26                                 Official Journal of the European Communities                                         29 . 9 . 73
           Number                                                                                                                 Refund in
       in nomenclature                                        Nomenclature in simplified wording                                 u. a. / 100 kg
      used for refunds                                                                                                        (third countries)
                                       ■
11.07 Alb )                     Unroasted malt, obtained from wheat, other than in the form of flour
11.07 A ll a)                   Unroasted malt, other than that obtained from wheat, in the form of flour                               —
11.07 All b)                    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                                                                                            —
11.08 AHI                       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 % or. more by weight                        —
                                of the pure product, in the form of white crystalline powder, whether or not
                                agglomerated (4)
1 7.02 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
23.02 A I a )                    Brans, sharps and other residues derived from the sifting, milling or working of
                                 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
                                maize or rice, of a starch content exceeding 35 °/o but not exceeding 45 % 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
                            I    maize or rice, of a starch content exceeding 35 % by weight, and not having
                                 undergone a denaturing process, or of a starch content exceeding 45 % by weight
                                 and having undergone denaturing process
 23.02 A II a )                  Brans, sharps and other residues derived from the sifting, milling or working
                                 of 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 % by weight
 23.02 A II b )                  Brans, sharps and other residues derived from the sifting, milling or working of                        —
                              i  cereals other than maize or rice, not included under No 23.02 A 11 a )
 23.03 A I                    j  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 °/o passes through a sieve with an aperture of 315 microns,
      — of which a percentage not exceeding 5 °/o 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 grain *' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821 /68 (OJ No L 149, 29. 6. 196S,
      p. 46).
  (') Pursuant to Regulation No 189/66/EEC the product falling within subheading No 17.02 B 1 enjoys the same export refund as the product fal­
      ling within subheading No 17.02 B II .