CELEX: 31977R0197
Language: en
Date: 1977-02-01 00:00:00
Title: Commission Regulation (EEC) No 197/77 of 31 January 1977 fixing the export refunds on products processed from cereals and rice

1 . 2 . 77                                Official Journal of the European Communities                              No L 28 / 5
                                      COMMISSION REGULATION (EEC) No 197/77
                                                         of 31 January 1977
                     fixing the export refunds on products processed from cereals and rice
THE COMMISSION OF THE EUROPEAN                                        832/76 (7), defines the specific criteria to be taken into
 COMMUNITIES,                                                        account when the refund on these products is being
                                                                     calculated ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                     Whereas, on the basis of the criteria laid down in
 Having regard to Council Regulation (EEC) No                        Regulation (EEC) No 2744/75, particular account
 2727/75 of 29 October 1975 on the common organiza­                  should be taken of the prices and quantities of basic
 tion of the market in cereals (*), as last amended by                products used to calculate the variable component of
 Regulation (EEC) No 3138 /76 (2), and in particular the             the levy ; whereas Article 8 of Regulation ( EEC) No
 fourth subparagraph of Article 16 (2) thereof,                      2744/75 and Article 1 of Regulation ( EEC) No
                                                                      1077/68 (8), as amended by Regulation (EEC) No
 Having regard to          Council Regulation (EEC) No               2764/71 (9), provide that the amount of the export
 1418 /76 of 21 June        1976 on the common organiza­             refund should, for certain products, be reduced by an
 tion of the market        in rice (3), and in particular the        amount equal to the production refund granted in
 fourth subparagraph       of Article 17 (2) thereof,                 respect of the basic product ;
 Having regard to the opinion of the Monetary
 Committee,                                                          Whereas it follows from applying these rules and
                                                                     criteria to the present situation on the market in
Whereas Article 16 of Regulation (EEC) No 2727/75                     products processed from cereals and rice that the
and Article 17 of Regulation (EEC) No 1418/76                        export refund should be fixed at an amount which
 provide that the difference between quotations or                   will cover the difference between Community prices
 prices on the world market for the products listed in               and world market prices ;
Article 1 of those Regulations and prices for those
 products within the Community may be covered by
 an export refund ;                                                  Whereas when the refund is being calculated account
                                                                     should be taken of the quantities of raw materials
Whereas Article 2 of Council Regulation (EEC) No                     used to determine the variable component of the
 2746/75 of 29 October 1975 (4), and Article 2 of                     levy ; whereas the quantities of raw materials used for
 Council Regulation (EEC) No 1431 /76 of 21 June                     certain processed products may vary according to the
 1976 (5) laying down general rules for granting export              end use of the product ; whereas, depending on the
 refunds on cereals and rice respectively and criteria for            manufacturing process used, products other than the
 fixing the amount of such refunds, provide that when                 main product are obtained, the quantity and value of
 refunds are being fixed account must be taken of the                which may vary with the nature and quality of the
existing situation and the future trend with regard to                main products being manufactured ; whereas cumula­
 prices and availabilities of cereals, rice and broken rice          tion of the refunds on the various products manufac­
on the Community market on the one hand and                          tured by a single process from the same basic product
 prices for cereals, rice and broken rice on the world                may make it possible, in certain cases, to export to
 market on the other ; whereas the same Articles                     third countries at prices which are lower than world
 provide that it is also important to ensure equilibrium              market prices ; whereas the refund on certain products
and the natural development of prices and trade on                   should therefore be limited to an amount which ,
the markets in cereals and rice and, furthermore, to                 while allowing access to the world market, will ensure
take into account the economic aspect of the                         that the aims of the common organization of the
 proposed exports, and the need to avoid disturbances                markets are respected ;
on the Community market ;
                                                                     Whereas the refund to be granted in respect of certain
Whereas Article 6 of Council Regulation (EEC) No                     processed products should be graduated on the basis
2744/75 of 29 October 1975 on the import and export                  of the ash, crude fibre, tegument, protein, fat and
system for products processed from cereals and from                  starch content of the individual product concerned,
rice (6), as amended by Regulation (EEC) No                          this content being a particularly good indicator of the
                                                                     quantity of basic product actually incorporated in the
(')  OJ  No L 281 , 1 . 11 . 1975 , p. 1 .
(2 ) OJ  No L 354,  24. 12 . 1976, p. 1 .                            processed product ;
(3 ) OJ  No L 166 , 25 . 6 . 1976, p. 1 .
(4)  OJ  No L 281 , 1 . 11 . 1975 , p. 78 .                          ( 7) OJ No L 100 , 14 . 4 . 1976, p. 1 .
(5 ) OJ  No L 166 , 25 . 6 . 1976, p. 36 .                           ( 8) OJ No L 181 , 27 . 7 . 1968 , p . 1 .
(6)  OJ  No L 281 , 1 . 11 . 1975 , p. 65 .                          H OJ No L 283 , 24 . 12 . 1971 , p . 30,
 ---pagebreak--- No L 28 /6                           Official Journal of the European Communities                               1 . 2 . 77
Whereas there is no need at present to fix an export                  of these currencies recorded for a given period, in
refund for manioc, other tropical roots and tubers or                 relation to the Community currencies referred to
flours obtained therefrom , given the economic aspect                 in the previous subparagraph ;
of potential exports and in particular the nature and
origin of these products ; whereas, for certain products       Whereas the refund must be fixed once a month ;
processed from cereals, the insignificance of Commu­           whereas it may be altered in the intervening period ;
nity participation in world trade makes it unnecessary         Whereas the measures provided for in this Regulation
to fix an export refund at the present time ;                  are in accordance with the opinion of the Manage­
Whereas the world market situation or the specific             ment Committee for Cereals,
requirements of certain markets may make it neces­
sary to vary the refund for certain products according
                                                               HAS ADOPTED THIS REGULATION :
to destination ;
Whereas Regulation ( EEC) No 2806/71 (') lays down                                         Article 1
additional rules for granting export refunds for certain
products processed from cereals and rice ;                     The export refunds on the products listed in Article 1
Whereas, if the refund system is to operate normally,          (d) of Regulation (EEC) No 2727/75 and in Article 1
refunds should be calculated on the following basis :          ( 1 ) (c) of Regulation (EEC) No 1418 /76 and subject to
                                                               Regulation (EEC) No 2744/75 are hereby fixed as
— in the case of currencies which are maintained in            shown in the Annex to this Regulation .
     relation to each other, at any given moment,
    within a band of 2-25 % , a rate of exchange based                                     Article 2
    on their effective parity ;
— for other currencies an exchange rate based on the           This Regulation shall enter into force on 1 February
     arithmetic mean of the spot market rates of each           19 77 .
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 31 January 1977 .
                                                                             For the Commission
                                                                              Finn GUNDFLACH
                                                                                 Vice-President
(') OJ No L 284, 28 . 12. 1971 , p. 9 .
 ---pagebreak--- 1 . 2. 77                               Official Journal of the European Communities                            No L 28/7
                                                               ANNEX
                to the Commission Regulation of 31 January 1977 fixing the export refunds on products
                                                   processed from cereals and rice
        Number                                                                                                   Refund in
    in nomenclature                                    Nomenclature in simplified wording                        u. a. /tonne
    used for refunds                                                                                         (third countries)
tl.01C(I)                 Barley flour, of an ash content, referred to dry matter, not exceeding 0-9 °/o by        63.44
                          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)                                                0
11.01 D (I)               Oat flour, of an ash content, referred to dry matter, not exceeding 2*3% by               81.86
                          weight, of a crude fibre content, referred to dry matter, not exceeding 1-8°/« by
                          weight, of a moisture content not exceeding 11 °/o 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 °/o by           68.20
                          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            58.46
                          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)                                    42.38
11.01 F                   Rice flour                                                                                59.52
11.02 A III (a)           Barley groats and meal, of an ash content, referred to dry matter, not exceeding          65.55
                          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             81.86
                          2-3 °/o by 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
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            97.43
                          0-9 °/o 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            68.20
                          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                58.46
                          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*0 °/o weight (')
 11.02 A VI               Rice groats and meal                                                                      59.52
 11.02 B I a) 1 ( aa)     Hulled (shelled or husked) barley, of an ash content, referred to dry matter, not         63.44
                          exceeding 1 %> by weight and of a crude fibre content, referred to dry matter,
                          not exceeding 0-9 °/o by weight (*)
 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           72.77
                          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 (*)
 U.02B I «) 2 bb) (22)    Hulled (shelled or husked) oats, not included under No 11.02 B I a) 2 bb) (11) (•)            0
 ---pagebreak---   No L 28/8                             Official Journal of the European Communities                               1 . 2. 77
          Number                                                                                                Refund in
      in nomenclature                                 Nomenclature in simplified wording                        u. a. /tonne
      used 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       63.44
                        exceeding 1 °/o by weight and of a crude fibre content, referred to dry matter,
                        not exceeding 0-9 % by weight ('Grütze' or 'Grutten') (*)
 11.02 Bib) 1 (bb)                                                                                                    0
                        Hulled and sliced or kibbled barley, not included under No 11.02 B I b) 1 (aa)
                        ('Grütze' or 'Grutten') (2)
                        Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not         77.31
 11.02 Bib) 2 (aa)
                        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
                        ('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 (*)                                   0
 11.02 C III (a)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by         84.58
                       weight (without talc) — 1st category (s)
 11.02 C III (b)        Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by           67.66
                       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 °/o by            63.44
                        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 °/o by          90.95
                       weight, of a tegument content not exceeding 0-1 %>, of a moisture content not
                       exceeding 12 % and of which the peroxydase is virtually inactivated
11.012 E lb) 2 (bb)    Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 °/o by          72.77
                       weight, of a tegument content exceeding 0-1 °/o but not exceeding 1-5 °/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)               —
ex 11.02 E II c) ( 1 ) Flaked maize, of a fat content, referred to dry matter, not exceeding 0-9 °/o by          77.95
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 °/o by weight
                                                                                                                 63.33
ex 11.02 E II c) (2)   Flaked maize, of a fat content, referred to dry matter, not exceeding 1-3 °/o by
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-8 °/o by weight
f* J1.02 E II c) (3)   Flaked maize, of a fat content, referred to dry matter, exceeding 1-3 °/o but not
                       exceeding 1-7% by weight and of a crude fibre content, referred to dry matter,
                       not exceeding 1 °/» weight
J 1.02 E II e) 1       Flaked rice                                                                               59.52
U.Q2FIII               Barley pellets                                                                              —
11.02 F IV             Oat pellets                                                                                 —
"■<*** V               Maize pellets                                                                               —
11.02 Q I              Wheat germ, whole, rolled, flaked or ground                                               19.31
11.02 G II             Germ of cereals other than wheat, whole, rolled, flaked or ground                         12.18
 ---pagebreak--- 1 . 2 . 77                                   Official Journal of the European Communities                                             No L 28/9
            Number                                                                                                                    Refund in
       in nomenclature                                         Nomenclature in simplified wording                                     u. a. / tonne
       used for refunds                                                                                                           (third countries)
11.08 A I                       Maize starch                                                                                            64.61
11.08 A II                      Rice starch                                                                                              68.69
11.08 A III                     Wheat starch                                                                                           144.74
11.08 A IV                      Potato starch                                                                                            64.61
11.08 A V                       Starches other than maize, rice, wheat, or potato starch                                                 64.61
11.09 A                         Dried wheat gluten, of a protein content, referred to dry matter, not exceeding                        263.16
                                 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                       84.27
                                 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°/o or more by                            64.61
                                 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                         84.27
                                 or not agglomerated
 17.05 B II
                                 Flavoured or coloured glucose and glucose syrup, other than in the form of                              64.61
                                 white crystalline powder, whether or not agglomerated
23.02 A I a)                     Brans, sharps and other residues derived from the sifting, milling or working of                             0
                                 maize or rice of a starch content not exceeding 35 %> by weight
23.02 A I b ) 2                  Brans, sharps and other residues derived from the sifting, milling or working of                             0
                                 maize or rice, of a starch content exceeding 35 °/o 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 °/o 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                              80.26
                                 steeping liquors), of a protein content, calculated on dry matter, not exceeding
                                 63 % by weight (N X 6-25 )
(M 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.
(■) p.'Hulled
         46).
               grains' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149,1 29. 6. 1MI •
(•) p."Pearled
         46).
                grain*' are grains corresponding to the definition given in the Annex to Regulation (EEC) No 821/68 (OJ No L 149 • 29. (. 1MB »
 (4) within •subheadingUl"7°02 BEI? N° 2730/75 the product falling within subh«ding 17.02 B I enjoys the same export refund as the product falling