CELEX: 31977R1938
Language: en
Date: 1977-08-30 00:00:00
Title: Commission Regulation (EEC) No 1938/77 of 29 August 1977 fixing the import levies on products processed from cereals and rice

30 . 8 . 77                               Official Journal of the European Communities                         No L 221 /5
                                     COMMISSION REGULATION (EEC) No 1938/77
                                                         of 29 August 1977
                        fixing the import levies on products processed from cereals and rice
 THE COMMISSION OF THE EUROPEAN                                      these products and for compound feedingstuffs manu­
 COMMUNITIES,                                                        factured from cereals (7), as last amended by Regula­
                                                                     tion (EEC) No 1997/75 (8), provides that the levy thus
 Having regard to the Treaty establishing the European               determined, increased by the fixed component, is
 Economic Community,                                                 valid in general for one month but is altered where
                                                                     the levy applicable to the basic product concerned
                                                                     differs by not less than 2-5 units of account per tonne
 Having regard to Council Regulation (EEC) No                        from the average of the levies calculated as described
 2727/75 of 29 October 1975 on the common organi­                    above ;
 zation of the market in cereals (1), as last amended by
 Regulation (EEC) No 1386/77 (2), and in particular
 Article 14 (4) thereof,                                             Whereas in accordance with Article 5 of Regulation
                                                                     (EEC) No 2744/75 and Article 2 of Regulation (EEC)
 Having regard to Council Regulation (EEC) No                         No 1579/74, the levy on certain processed products
 1418/76 of 21 June 1976 on the common organiza­                      must be reduced by an amount equal to the produc­
 tion of the market in rice (3), as amended by Regula­               tion refund granted in respect of basic products for
 tion (EEC) No 1 1 58/77 (4), and in particular Article 1 2           processing ; whereas Regulation (EEC) No 1921 /75 (9),
 (4) thereof,                                                        as amended by Regulation (EEC) No 2415/75 (10), laid
                                                                     down certain transitional measures in respect of
                                                                     starches ;
 Having regard to the opinion of the Monetary
 Committee,
                                                                     Whereas the fixed component of the levy is specified
Whereas the rules to be applied to calculating the vari­              in Regulation (EEC) No 2744/75 ;
 able component of the import levy on products
 processed from cereals and rice are laid down in
Article 14 ( 1 ) (A) of Regulation (EEC) No 2727/75 and              Whereas, in order that account may be taken of the
                                                                      interests of the African, Caribbean and Pacific States
Article 12 ( 1 ) (a) of Regulation (EEC) No 1418/76 ;
whereas Article 2 of Council Regulation (EEC) No                     or in the 'overseas countries and territories', the levy
 2744/75 of 29 October 1975 on the import and                        relating to them in respect of certain products
 export system for products processed from cereals and                processed from cereals must be reduced by the
 rice (5), as amended by Regulation (EEC) No                         amount of the fixed component and, in respect of
 832/76 (6), provides that the incidence on the prime                some of these products, by part of the variable compo­
                                                                     nent ; whereas this reduction must be made in accor­
costs of these products of the levies applicable to their
basic products should be calculated on the basis of the              dance with Article 12 of Council Regulation (EEC)
average of the levies applicable to these basic products              No 706/76 of 30 March 1976 on the arrangements
 for the first 25 days of the month preceding that of                applicable to agricultural products and certain goods
 importation ; whereas this average, adjusted on the                 resulting from the processing of agricultural products
basis of the threshold price valid for the basic                     originating in the African, Caribbean and Pacific
 products in question during the month of importa­                   States or in the 'overseas countries and territories' (J l),
tion, is calculated on the basis of the quantities of                as amended by Regulation (EEC) No 328/77 (12) ;
basic products considered to have been used in the
manufacture of the processed product or the                          Whereas Article 4 (2) of Regulation (EEC) No 2744/75
competing product which serves as a reference for                    provides that the levy to be charged on the products
processed products not containing cereals ;                          listed in the Annex to that Regulation under
                                                                     subheading 07.06 A is limited, with effect from the
Whereas Commission Regulation (EEC) No 1579/74                       date of entry into force of the Geneva Protocol ( 1967)
of 24 June 1974 on the procedure for calculating the                 annexed to the General Agreement on tariffs and
import levy on products processed from cereals and                   trade, to the amount resulting from application of the
from rice and for the advance fixing of this levy for                rate of duty bound within GATT ;
(»)  OJ   No L 281 , 1 . 11 . 1975, p. 1 .                           (7) OJ No L 168, 25. 6. 1974, p. 7.
(2) OJ   No  L 158,  29. 6. 1977, p. 1 .                             (8) OJ No L 202, 1 . 8 . 1975, p. 57.
(3) OJ   No  L 166,  25. 6. 1976, p. 1 .                             H OJ No L 195, 26. 7. 1975, p. 25.
(4) OJ   No  L 136,  2. 6. 1977, p. 13.                              H OJ No L 247, 23 . 9 . 1975, p. 22.
(5) OJ   No  L 281 , 1 . 11 . 1975, p. 65.                           (>>) OJ No L 85, 31 . 3 . 1976, p. 2.
(') OJ   No  L 100,  14. 4. 1976, p. 1 .                             ( 12) OJ No L 46, 18 . 2. 1977, p. 1 .
 ---pagebreak--- No L 221 /6                       Official Journal of the European Communities                            30 . 8 . 77
Whereas, if the levy system is to operate normally,          HAS ADOPTED THIS REGULATION :
levies should be calculated on the following basis :
— in the case of currencies which are maintained in                                   Article 1
    relation to each other at any given moment within
    a band of 2-25 % , a rate of exchange based on           The import levies to be charged on the products listed
    their effective parity ;                                 in Article 1 (d) of Regulation (EEC) No 2727/75 and
— for other currencies, an exchange rate based on the        in Article 1 ( 1 ) (c) of Regulation (EEC) No 1418/76
    arithmetic mean of the spot market rates of each         and subject to Regulation (EEC) No 2744/75 are
    of these currencies recorded for a given period in       hereby fixed as shown in the Annex to this Regula­
    relation to the Community currencies referred to         tion.
    in the previous subparagraph ;
Whereas, in accordance with Article 18(1 ) of Regula­                                 Article 2
tion (EEC) No 2727/75, the nomenclature provided
for in this Regulation is incorporated in the Common         This Regulation shall enter into force on 1 September
Customs Tariff,                                              1977.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States.
              Done at Brussels, 29 August 1977.
                                                                      For the Commission
                                                                       Finn GUNDELACH
                                                                          Vice-President
 ---pagebreak--- 30. 8 . 77                           Official Journal of the European Communities                                 No L 221 /7
                                                             ANNEX
                to the Commission Regulation of 29 August 1977 fixing the import levies on products
                                                processed from cereals and rice
                                                                                                                     (u.a./tonne}
                                                                                                             Levies
                                                                                               Third countriea
    CCT heading No                            Nomenclature in amplified wording                 (other than          ACP or
                                                                                                   ACP or             OCT
                                                                                                   OCT)
07.0« A                  Manioc, arrowroot, salep and other similar roots and tubers               13.79 (^          12.29 ( 1)(5)
                         with high starch content, excluding sweet potatoes
11.01 c                  Barley flour (*)                                                         142.86            137.86
11.01 D                  Oat flour (•)                                                            132.78            127.78
 11.01 EI                Maize flour, of a fat content not exceeding 1*5 •/• by weight (*)        149.50            144.50
11.01 E II               Maize flour, of a fat content exceeding 1-5 */• by weight (a)              84.39             81.89
11.01 F                  Rice flour (*)                                                            77.35             74.85
11.01 G                  Cereals flours, other than flour of wheat, meslin, rye, barley, oats,     82.40             79-90
                         maize or rice (2)
11.02 A II               Rye groats and meal (a)                                                  148.95            143.95
11.02 A III              Barley groats and meal (a)                                               142.86            137.86
11.02 A IV               Oat groats and meal (■)                                                  132.78            127.78
11.02 A V a) 1           Maize groats and meal, of a fat content not exceeding 1-5 '/• by         149.50            144.50
                         weight, for the brewing industry (*)
11.02 A V a) 2           Maize groats and meal, of a fat content not exceeding 1-5 •/• by         149.50            144.50
                         weight, other than for the brewing industry (•)
11.02 A Vb)              Maize groats and meal, of a fat content exceeding 1*5 % by.               84.39             81.89
                         weight (■)
11.02 A VI               Rice groats and meal (*)                                                  77.35             74.85
11.02 A VII              Cereals groats and meal, other than groats and meal of wheat,             82.40             79.90
                         meslin, rye, barley, oats, maize or rice (*)
11.02 B I a) 1           Hulled (shelled or husked) barley (*)                                    125.04            122.54
 11.02 B I a) 2 aa)      Clipped oats                                                              74.91             72.41
11.02 B I a) 2 bb)       Hulled (shelled or husked) oats other than clipped oats (*)              130.28            127.78
 11.02 Bib) 1            Hulled and sliced or kibbled barley ('Grütze' or 'Grutten') (')          125.04            122.54
11.02 Bib) 2             Hulled and sliced or kibbled oats ('Grütze' or 'Grutten') (■)            130.28            127.78
 ---pagebreak--- No L 221 /8                     Official journal of the European Communities                                 30 . 8 . 77
                                                                                                              (u.a . /tonne}
                                                                                                     Levies
                                                                                       Third countries
     CCT heading N«                     Nomenclature in simplified wording              (other than           ACP or
                                                                                           ACP or              OCT
                                                                                           OCT)
11.02 B II a)       Hulled (shelled or husked) wheat, whether or not sliced or            126.93             124.43
                    kibbled (*)
11.02 B II b)       Hulled (shelled or husked) rye, whether or not sliced or              108.86             106.36
                    kibbled (*)
11.02 B II c)       Hulled (shelled or husked) maize, whether or not sliced or            130.95             128.45
                    kibbled (')
11.02 B Ii d)       Hulled (shelled or husked) grains, whether or not sliced or           127.83            125.33
                    kibbled, other than those of wheat, rye, maize, barley or oats (2)
11.02 CI            Pearled wheat (")                                                     152.20            149.70
11.02 C II          Pearled rye (*)                                                      130.45             127.95
11.02 C III         Pearled barley (')                                                   196.48             191.48
11.02 CIV           Pearled oats (*)                                                     116.08             113.58
11.02 C V           Pearled maize (*)                                                    130.95             128.45
11.02 C VI          Pearled grains, other than grains of wheat, rye, barley, oats or     127.83             125.33
                    maize (2)
1 1.02 D I          Wheat not otherwise worked than kibbled (*)                            97.93              95.43
11.02 D II          Rye not otherwise worked than kibbled (■)                              84.07              81.57
11.02 Dili          Barley not otherwise worked than kibbled (*)                           80.62              78.12
11.02 D IV          Oats not otherwise worked than kibbled (*)                             74-91              72.41
11.02 D V           Maize not otherwise worked than kibbled (')                            84.39              81.89
11.02 D VI          Grains not otherwise worked than kibbled, other than grains of         82.40              79.90
                    wheat, rye, barley, oats or maize (*)
11.02 EI a) 1       Rolled barley (')                                                      80.62              78.12
11.02 EI a) 2       Rolled oats (*)                                                        74.91              72.41
11.02 E lb) 1       Flaked barley (■)                                                    158.18             153.18
11.02 E lb) 2       Flaked oats (*)                                                      146.98             141.98
11.02 E II a)       Rolled or flaked wheat (•)                                           173.41             168.41
11.02 E II b)       Rolled or flaked rye (■)                                             148.95             143.95
11.02 E He)         Rolled or flaked maize (a)                                           149.50             144.50
11.02 End) 1        Flaked rice (*)                                                      132.10             127.10
 ---pagebreak--- 30. 8 . 77                      Official Journal of the European Communities                                    No L 221 /9
                                                                                                                     (u .a Jtonne}
                                                                                                            Levies
                                                                                              Third countries
     CCT k«*4inf K*                       Nomenclature in simplified wording                   (other than           ACP or
                                                                                                  ACP or              OCT
                                                                                                  OCT)
11.02 E II d) 2     Rolled or flaked grains other than grains of wheat, rye, barley,             145.99             140.99
                     oats, maize or rice, excluding flaked rice (2)
11.02 PI             Wheat pellets (')                                                           173.41             168.41
11.02 F II           Rye pellets (*)                                                             148.95             143-95
11.02 PHI            Barley pellets (*)                                                          142.86              137.86
11.02 F IV           Oat pellets (•)                                                             132.78             127.78
11.02 FV             Maize pellets (*)                                                           149.50             144.50
11.02 F VI           Rice pellets (*)                                                             77.35              74.85
11.02 F VII         Pellets of cereals other than wheat, rye, barley, oats, maize or rice (2)     82.40              79.90
11.02 G I           Wheat germ, whole, rolled, flaked or ground                                   75.17              70.17
11.02 G II          Germ of cereals other than wheat, whole, rolled flaked or ground              65.21              60.21
11.06 A             Denatured flour and meal of sago and of manioc, arrowroot,                    16.29              10.79 (5)
                    salep and other roots and tubers falling within heading No 07.06,
                    for the manufacture of starches
11.06 5             Undenatured flour and meal of sago and of manioc, arrowroot,                118-88               98.88 (5)
                    salep and other roots and tubers falling within heading No 07.06,
                    for the manufacture of starches
11.06 B II          Undenatured flour and meal of sago and of manioc, arrowroot,                146.25             126.25 (5)
                    salep and other roots and tubers falling within heading No 07.06,
                    other than for the manufacture of starches
11.07 A I a)        Unroasted malt, obtained from wheat, in the form of flour                   175.54             166.54
11.07 A lb)         Unroasted malt, obtained from wheat, other than in the form of              133.43             124.43
                    flour
11.07 A II •)       Unroasted malt, other than that obtained from wheat, in the form            145.33 (4)         136.33
                    of flour
11.07 A II b)       Unroasted malt, other than that obtained from wheat, other than in          110.86             101.86
                    the form of flour
11.07 B             Roasted malt                                                                127.71 (4)         118.71
11.01 A I           Maize starch                                                                118.88             101.88
11.01 A n           Rice starch                                                                 102.12              76.62
11 .OS AW           Wheat starch                                                                172.23             155.23
11.01 A IV          Potato starch                                                               118.88             101.88
 ---pagebreak--- No L 221 / 10                                  Official Journal of the European Communities                                               30. 8 . 77
                                                                                                                                           (u.a . /tonne)
                                                                                                                                   Levies
                                                                                                                     Third countries
      CCT heading No                                     Nomenclature in simplified wording                            (other than         ACP o.
                                                                                                                         ACP or             OCT
                                                                                                                          OCT)
 11.08 A V                       Starches other than maize, rice, wheat or potato starch                                118.88             50.94 (5)
11.09                            Wheat gluten, whether or not dried                                                     432.24            282.24
 17.02 B II a )                  Glucose other than glucose containing, in the dry state, 99 %> or                      212.89            132.89
                                 more by weight of the pure product (8), in the form of white
                                 crystalline powder, whether or not agglomerated
 17.02 B lib)                    Glucose and glucose syrup not containing, in the dry state, 99 %>                      156.88            101.88
                                 or more by weight of the pure product (s), other than glucose in
                                 the form of white crystalline powder, whether or not agglomerated
 17.05 B I                       Flavoured or coloured glucose, in the form of white crystalline                        212.89            132.89
                                 powder, whether or not agglomerated
 17.05 B II                      Flavoured or coloured glucose syrup, other than in the form of                         156.88            101.88
                                 white crystalline powder, whether or not agglomerated
 23.02 A 1 a ;                   Brans, sharps and other residues derived from the sifting, milling                       25.05            25.05
                                 or working of maize or rice, with a starch content not exceeding
                                 35 %o by weight
23.02 A I b)                     Brans, sharps and other residues derived from the sifting, milling                       80.14             80.14
                                 or working of maize or rice, with a starch content exceeding
                                 35 % by weight
23.02 A II a )                   Brans, sharps and other residues derived from the sifting, milling                       20.03            20.03
                                 or working of cereals other than maize or rice, of which the starch
                                 content does not exceed 28 %/o by weight, and of which the percen­
                                 tage which passes through a sieve with an aperture of 0-2 mm
                                 does not exceed 10"/o by weight or of which the sieved product
                                 has an ash content, calculated on the dry product, of 1-5 %
                                 or more by weight
23.02 A II b )                   Brans, sharps and other residues derived from the sifting, milling                       80-14            80.14
                                 or working of cereals other than maize or rice, not falling within
                                 subheading 23.02 A II a)
23.03 A I                        Residues from the manufacture of starch from maize (excluding                          276.56            126.56
                                 concentrated steeping liquors), of a protein content, calculated on
                                 the dry product, exceeding 40 % by weight
(•) This levy is limited to 6 */o of the value for customs purposes.
 (') For the purpose of distinguishing between products falling within heading Nos 11.01 and 11.02 and those falling within subheading 23.02 A,
     products falling within heading Nos 11.01 and 11.02 shall be those meeting the following specifications :
    — a starch content (determined by the modified Ewers polarimetric method), referred to dry matter, exceeding 45% by weight,
     — an ash content, by weight, referred to dry matter (after deduction of any added minerals), not exceeding 1 -6 "It for rice, 2-5 •/• for wheat,
        3 •/• for barley, 4 •/• for buckwheat, 5 % for oats and 2 %o for other cereals.
     Germ of cereals, whole, rolled, flaked or ground , falls in all cases within heading No 11.02.
(•) Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading 17.02 B I is subject to the same levy as products falling
     within subheading 17.02 B II .
(4) In accordance with Regulation (EEC) (No 118077 this levy is reduced by 0-45 u.a . /100 kg for products originating in Turkey.
(•) In accordance with Regulation (EEC) No 706176 the levy shall not be charged on the following products originating in the countries
     and territories,:
     — arrowroot falling within subheading ex 07.06 A,
     — flours and meal of arrowroot falling within subheadings ex 11.06 A, ex 11.06 B I and II,
     — arrowroot starch falling within subheading ex 11.08 A V.