CELEX: 31975R2461
Language: en
Date: 1975-09-27 00:00:00
Title: Regulation (EEC) No 2461/75 of the Commission of 26 September 1975 fixing the export refunds on products processed from cereals and rice

27. 9 . 75                              Official Journal of the European Communities                          No L 251 /33
                            REGULATION (EEC) No 2461 /75 OF THE COMMISSION
                                                    of 26 September 1975
                    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,                                                       1052/68 (9) of 23 July 1968 on the import and export
Having regard to the Treaty establishing the European              system for products processed from cereals and from
Economic Community ;                                               rice, as last amended by Regulation (EEC) No
                                                                   980/75 ( 10), defines the specific criteria to be taken
Having regard to Council Regulation No 120/                        into account when the refund on these products is
67/EEC ( 1) of 13 June 1967 on the common organiza­                being calculated ;
tion of the market in cereals, as last amended by Regu­
lation (EEC) No 665/75 (2), and in particular the first
sentence of the fourth subparagraph of Article 16 (2)              Whereas, on the basis of the criteria laid down in
thereof ;
                                                                   Regulation (EEC) No 1052/68, particular account
Having regard to Council Regulation No 359/                        should be taken of the prices and quantities of basic
67/EEC (3) of 25 July 1967 on the common organiza­                 products used to calculate the variable component of
tion of the market in rice, as last amended by Regula­             the levy ; whereas, therefore, as is laid down for the
tion (EEC) No 668/75 (4), and in particular the first              determination of the variable component, account
sentence of the fourth subparagraph of Article 17 (2)              should be taken of the average of the levies on the
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
Whereas Article 16 of Regulation No 120/67/EEC                     these basic products which will be in force during the
and Article 17 of Regulation No 359/67/EEC provide                 month of exportation ; whereas Article 8 of Regula­
that the difference between quotations or prices on                tion (EEC) No 1052/68 and Article 1 of Regulation
the world market for the products listed in Article 1              (EEC) No 1077/68 ( u), amended by Regulation (EEC)
of those Regulations and prices for those products                 No 2764/71 ( 12), provide that the amount of the
within the Community may be covered by an export                   export refund should, for certain products, be reduced
refund ;                                                           by an amount equal to the production refund granted
                                                                   in respect of the basic product ;
Whereas Article 2 of Council Regulation No 139/
67/EEC (5) of 21 June 1967, as last amended by Regu­
lation (EEC) No 87/75 (6), and Article 2 of Council
Regulation No 366/67/EEC (7) of 25 July 1967 laying                Whereas it follows from applying these rules and
down general rules for granting export refunds on                  criteria to the present situation on the market in
cereals and rice respectively and criteria for fixing the          products processed from cereals and rice that the
amount of such refunds, as last amended by Regula­                 export refund should be fixed at an amount which
tion (EEC) No 478/75 (8), provide that when refunds                will cover the difference between Community prices
are being fixed account must be taken of the existing              and world market prices ;
situation and the future trend with regard to prices
and availabilities of cereals, rice and broken rice on
the Community market on the one hand and prices                    Whereas when the refund is being calculated account
for cereals, rice and broken rice on the world market              should be taken of the quantities of raw materials
on the other ; whereas the same Articles provide that              used to determine the variable component of the
it is also important to ensure equilibrium and the                 levy ; whereas the quantities of raw materials used for
natural development of prices and trade on the                     certain processed products may vary according to the
markets in cereals and rice and, furthermore, to take              end use of the product ; whereas, depending oh the
into account the economic aspect of the proposed                   manufacturing process used, products other than the
exports, and the need to avoid disturbances on the                 main product are obtained, the quantity and value of
Community market ;                                                 which may vary with the nature and quality of the
                                                                   main products being manufactured ; whereas cumula­
(')  OJ No 117, 19. 6. 1967, p. 2269/67.                           tion of the refunds on the various products manufac­
(2)  OJ No L 72, 20 . 3 . 1975, p. 14.                             tured by a single process from the same basic product
(3 ) OJ No 174, 31 . 7. 1967, p. 1 .
(4)  OJ No L 72, 20 . 3 . 1975, p. 18 .
(5)  OJ No 125, 26 . 6 . 1967, p . 2453/67.                        H OJ No L 179 , 25 . 7 . 1968 , p. 8 .
(»)  OJ No L 11 , 16. 1 . 1975, p . 3 .                            ( 10) OJ No L 95, 17. 4. 1975, p . 1 .
(7)  OJ No 174, 31 . 7. 1967, p. 34.                               (") OJ No L 181 , 27. 7. 1968 , p. 1 .
(8) OJ  No L 52, 28 . 2. 1975, p. 34.                              ( 12) OJ No L 283, 24. 12. 1971 , p . 30 .
 ---pagebreak--- No L 251 /34                         Official Journal of the European Communities                            27. 9 . 75
may make it possible, in certain cases, to export to           — in the case of currencies which are maintained in
third countries at prices which are lower than world                relation to each other, at any given moment,
market prices ; whereas the refund on certain products              within a band of 2-25 % , a rate of exchange based
should therefore, be limited to an amount which,                    on their effective parity ;
while allowing access to the world market, will ensure         — for other currencies an exchange rate based on the
that the aims of the common organization of the                     arithmetic mean of the spot market rates of each
markets are respected ;                                             of these currencies recorded for a given period, in
Whereas the refund to be granted in respect of certain              relation to the Community currencies referred to
processed products should be graduated on the basis                 in the previous subparagraph ;
of the ash, crude fibre, tegument, protein, fat and
starch content of the individual product concerned,            Whereas the refund must be fixed once a month ;
this content being a particularly good indicator of the        whereas it may be altered in the intervening period ;
quantity of basic product actually incorporated in the
processed product ;                                            Whereas the measures provided for in this Regulation
                                                               are in accordance with the Opinion of the Manage­
Whereas there is no need at present to fix an export            ment Committee for Cereals,
refund for manioc, other tropical roots and tubers or
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
nity participation in world trade makes it unnecessary                                 Article 1
to fix an export refund at the present time ;
Whereas the world market situation or the specific             The export refunds on the products listed in Article 1
requirements of certain markets may make it neces­             (d) of Regulation No 120/67/EEC and in Article 1 ( 1 )
sary to vary the refund for certain products according         (c) of Regulation No 359/67/ EEC and subject to Regu­
to destination ;                                                lation (EEC) No 1052/68 are hereby fixed as shown in
                                                                the Annex to this Regulation .
Whereas Regulation (EEC) No 2806/71 ( l ) lays down
additional rules for granting export refunds for certain
                                                                                       Article 2
products processed from cereals and rice ;
Whereas, if the refund system is to operate normally,          This Regulation shall enter into force on 1 October
refunds should be calculated on the following basis :           1975.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 26 September 1975.
                                                                          For the Commission
                                                                            P.J. LARDINOIS
                                                                      Member of the Commission
(') OJ No L 284, 28 . 12. 1971 , p. 9.
 ---pagebreak---   27. 9 . 75                              Official Journal of the European Communities                         No L 251 /35
                                                              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 % by           —
                            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)                                            —
  11.01 D (I)               Oat flour, of an ash content, referred to dry matter, not exceeding 2.3 % by              —
                            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)                                               —
 11.01 E ( I )              Maize flour, 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 °/o by weight
 11.01 E ( II )             Maize flour, 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 % by weight
 11.01 E ( III )           Maize flour not included under No 11.01 E (I) And (II)
 11.01 F                   Rice flour
 11.01 H                   Millet flour                                                                               —
 11.02 A III (a)           Barley groats and meal, 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
 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              —
                           2-3 °/o by weight, of a tegument content not exceeding 0-1 °/o, of a moisture
                           content not exceeding 11 ù 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)                                   —
 11.02 A V (a )            Maize groats and meal, of a fat content, referred to dry matter, not exceeding            —
                           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            —
                           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                —
                           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 °/o weight (*)
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         —
                          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) (*)            -
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
                          exceeding 2-3 °/o by weight, of a tegument content not exceeding 0-5 °/o of a
                          moisture content not exceeding 11 % and of which the peroxydase is virtually
                          inactivated (*)
11.02 B I a) 2 bb) (22)   Hulled (shelled or husked ) oats, not included under No 11.02 B I a) 2 bb) ( 11) (')       —
 ---pagebreak---  No L 251 /36                          Official Journal of the European Communities                                27. 9 . 75
          Number                                                                                                   Refund in
      in nomenclature                                Nomenclature in simplified wording                        u. a. /metric ton
      used for refunds                                                                                        (third countries)
  11.02 Bib) 1 (aa)     Hulled and sliced or kibbled barley, of an ash content, referred to dry matter, not            —
                        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)                 —
                        (' Grütze' or 'Grutten') (2)
 11.02 Bib) 2 (aa)      Hulled and sliced or kibbled oats, of an ash content, referred to dry matter, not
                        exceeding 2-3 % weight, of a tegument content not exceeding 0-1 %, of a moisture
                        content not exceeding 11 % and of which the peroxydase is virtually inactivated
                        ('Grütze' or 'Grutten') (2 )
 11.02 Bib ) 2 (bb )    Hulled and sliced or kibbled oats not included under No 11.02 B I b) 2 (aa)                    -
                        (' Grütze' or 'Grutten') (2)
 11.02 B II a) ( 1 )    Hulled (shelled or husked) wheat, not sliced or kibbled (2)                                    —
 11.02 C III ( a )      Pearled barley, of an ash content, referred to dry matter, not exceeding 1 °/o by   j
                       weight (without talc) — 1st category (*)
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 CIV              Pearled oats (*)                                                                     !
11.02 D II             Rye not otherwise worked than kibbled                                                           —
11.02 E lb ) 1 (aa)    Flaked oats, 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 °/o by weight
11.02 E lb ) 1 (bb )   Flaked barley not included under 11.02 E I b) 1 (aa)                                            —
11.02 E I b ) 2 (aa)   Flaked oats, of an ash content, referred to dry matter, not exceeding 2-3 °/o by     l
                       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 °/o by
                       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                  —
                       weight and of a crude fibre content, referred to dry matter, not exceeding
                       0-7 °/o by weight
ex 11.02 E lie) ( 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
ex 11.02 E II c) (3 )  Flaked maize, of a fat content, referred to dry matter, exceeding 1-3 °/o but not
                       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                                                                                    —
11.02 Fill             Barley pellets                                                                                 —
11.02 F IV             Oat pellets                                                                                    —
11.02 FV               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                              —
11.07 A I a)           Unroasted malt, obtained from wheat, in the form of flour
 ---pagebreak---   27. 9 . 75                                Official Journal of the European Communities                                       No L 251 /37
            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 :i a)                 Unroasted malt, other than that obtained from wheat, in the form of flour                               —
  11.07 A II b)                 Unroasted malt, other than that obtained from wheat, other than in the form                             —
                                of flour
  11.07 B                       Roasted malt                                                                                            —
  11.08 A I                     Maize starch                                                                                            —
  11.08 A III                   Wheat starch                                                                                            —
  11.08 A IV                    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                v   .    —
                               82 »/o 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 (4)
  17.02 B II b )                Glucose and glucose syrup not containing, in the dry state, 99 °/o 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 °/o 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 °/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
                               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
                               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                        —
                               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)
                          i
(') 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. 1968,
    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. 1968 .
    p. 46).
(*) 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 .