30 . 11 . 85 Official Journal of the European Communities No L 321 /9
COMMISSION REGULATION (EEC) No 3352/85
of 29 November 1985
fixing the export refunds on products processed from cereals and rice
rice I7), as last amended by Regulation (EEC) No
1027/84 (8), defines the specific criteria to be taken into
account when the refund on these products is being
calculated ;
Whereas, on the basis of the criteria laid down in Regula
tion (EEC) No 2744/75, particular account should be
taken of the prices and quantities of basic products used
to calculate the variable component of the levy ; whereas
Article 8 of Regulation (EEC) No 2744/75 and Article 1
of Regulation (EEC) No 1077/68 ('), as amended by Regu
lation (EEC) No 2764/71 (10), provide that the amount of
the export refund should, for certain products, be reduced
by an amount equal to the production refund granted in
respect of the basic products ;
Whereas it follows from applying these detailed rules to
the present situation on the market in products processed
from cereals and rice that the export refund should be
fixed at an amount which will cover the difference
between Community prices and world market prices ;
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
No 101 8/84 (2), and in particular the fourth subparagraph
of Article 16 (2) thereof,
Having regard to Council Regulation (EEC) No 1418/76
of 21 June 1976 on the common organization of the
market in rice (3), as last amended by Regulation (EEC)
No 1025/84 (4), and in particular the fourth subparagraph
of Article 17 (2) thereof,
Having regard to the opinion of the Monetary Committee,
Whereas Article 16 of Regulation (EEC) No 2727/75 and
Article 17 of Regulation (EEC) No 1418/76 provide that
the difference between quotations or prices on the world
market for the products listed in Article 1 of those Regu
lations and prices for those products within the Commu
nity may be covered by an export refund ;
Whereas Article 2 of Council Regulation (EEC) No
2746/75 of 29 October 1975 (^ and Article 2 of Council
Regulation (EEC) No 1431 /76 of 21 June 1976 (^ laying
down general rules for granting export refunds on cereals
and rice respectively and criteria for fixing the amount of
such refunds, provide that when refunds are being fixed
account must be taken of the existing 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 for cereals, rice, broken rice
and cereal products on the world market on the other ;
whereas the same Articles provide that it is also important
to ensure equilibrium and the natural development of
prices and trade on the markets in cereals and rice and,
furthermore, to take into account the economic aspect of
the proposed exports, and the need to avoid disturbances
on the Community market ;
Whereas Article 6 of Council Regulation (EEC) No
2744/75 of 29 October 1975 on the import and export
system for products processed from cereals and from
Whereas when the refund is being calculated account
should be taken of the quantities of raw materials used to
determine the variable component of the levy ; whereas
the quantities of raw materials used for certain processed
products may vary according to the end use of the
product ; whereas, depending on the manufacturing
process used, products other than the main product are
obtained, the quantity and value of which may vary with
the nature and quality of the main products being manu
factured ; whereas cumulation of the refunds on the
various products manufactured by a single process from
the same basic product may make it possible, in certain
cases, to export to third countries at prices which are
lower than world market prices ; whereas the refund on
certain products should therefore be limited to an amount
which, while allowing access to the world market, will
ensure that the aims of the common organization of the
markets are respected ;
Whereas the refund to be granted in respect of certain
processed products should be graduated on the basis of
the ash, crude fibre, tegument, protein, fat and starch
content of the individual product concerned, this content
being a particularly good indicator of the quantity of basic
product actually incorporated in the processed product ;
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
0 OJ No L 107, 19 . 4 . 1984, p. 1 .
(3) OJ No L 166, 25 . 6 . 1976, p. 1 .
(j OJ No L 107, 19 . 4. 1984, p. 13 .
0 OJ No L 281 , 1 . 11 . 1975, p. 78 .
M OJ No L 166, 25 . 6 . 1976, p. 36 .
0 OJ No L 281 , 1 . 11 . 1975, p . 65.
(8) OJ No L 107, 19 . 4. 1984, p. 15 .
0 OJ No L 181 , 27. 7. 1968, p . 1 .
( 10) OJ No L 283, 24. 12. 1971 , p. 30 .
No L 321 / 10 Official Journal of the European Communities 30 . 11 . 85
these currencies recorded for a given period in rela
tion to the Community currencies referred to in the
previous indent, and the aforesaid coefficient ;
Whereas the refund must be fixed once a month ;
whereas it may be altered in the intervening period ;
Whereas the Management Committee for Cereals has not
delivered an opinion within the time limit set by its
chairman,
Whereas there is no need at present to fix an export
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 origin
of these products ; whereas, for certain products processed
from cereals, the insignificance of Community participa
tion in world trade makes it unnecessary to fix an export
refund at the present time ;
Whereas the world market situation or the specific requi
rements of certain markets may make it necessary to vary
the refund for certain products according to destination ;
Whereas Regulation (EEC) No 2806/71 (') lays down addi
tional rules for granting export refunds for certain
products processed from cereals and rice ;
Whereas, if the refund system is to operate normally,
refunds should be calculated on the following basis :
— in the case of currencies which are maintained in rela
tion to each other at any given moment within a band
of 2,25 %, a rate of exchange based on their central
rate, multiplied by the coefficient provided for in
Article 2b (2) of Regulation (EEC) No 974/71 (2), as
last amended by Regulation (EEC) No 855/84 (3),
— for other currencies, an exchange rate based on the
arithmetic mean of the spot market rates of each of
HAS ADOPTED THIS REGULATION :
Article 1
\
The export refunds on the products listed in Article 1 (d)
of Regulation (EEC) No 2727/75 and in Article 1 ( 1 ) (c) of
Regulation (EEC) No 1418/76 and subject to Regulation
(EEC) No 2744/75 are hereby fixed as shown in the
Annex to this Regulation .
Article 2
This Regulation shall enter into force on 1 December
1985.
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels, 29 November 1985 .
For the Commission
Frans ANDRIESSEN
Vice-President
(') OJ No L 284, 28 . 12. 1971 , p . 9 .
0 OJ No L 106, 12. 5. 1971 , p . 1 .
0 OJ No L 90, 1 . 4. 1984, p . 1 .
30 . 11 . 85 Official Journal of the European Communities No L 321 / 11
ANNEX
to the Commission Regulation of 29 November 1985 fixing the export refunds on products
processed from cereals and rice
(ECU/tonne)
Number
in nomenclature
used for refunds
Nomenclature in simplified wording Refund
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 % by
weight
142,77
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 % and of which the peroxydase is virtually
inactivated
133,94
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 % by
weight Q
127,50
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 Q
11.01 E (III) Maize flour not included under No 11.01 E (I) and (II) Q —
11.01 F Rice flour —
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
147,53
11.02 A 111(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 %
by weight, of a tegument content not exceeding 0,1 % , of a moisture content not
exceeding 1 1 % and of which the peroxydase is virtually inactivated
133,94
11.02 A IV (b) Oat groats and meal not included under No 11.02 A IV (a) —
1 1.02 A V (a) Maize groats and meal , of a fat content, referred to dry matter, not exceeding 0,9 %
by weight and a crude fibre content, referred to dry matter, not exceeding 0,6 % by
weight (') (8)
163,93
11.02 A V(b) Maize groats and meal , of a fat content, referred to dry matter, not exceeding 1 ,3 %
by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 %
by weight (') (8)
127,50
11.02 A V(c) Maize groats and meal , of a fat content, referred to dry matter, exceeding 1,3 % by
weight but not exceeding 1 ,7 % by weight and of a crude fibre content, referred to
dry matter, not exceeding 1 % by weight (') (8)
109,28
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 % by weight and of a crude fibre content, referred to dry matter, not
exceeding 0,9 % by weight (2)
142,77
11.02 B I a) 1 (bb) Hulled (shelled or husked) barley not included under No 1 1 .02 B I a) 1 (aa) (2) —
1 1 .02 B I a) 2 (aa) Clipped oats —
No L 321 / 12 Official Journal of the European Communities 30 . 11 . 85
(ECU/tonne)
Number
in nomenclature
used for refunds
Nomenclature in simplified wording Refund
1 1.02 B I a) 2 bb) ( 11 ) Hulled (shelled or husked) oats, of an ash content, referred to dry matter, not
exceeding 2,3 % by weight, of tegument content not exceeding 0,5 % of a
moisture content not exceeding 1 1 % and of which the peroxydase is virtually
inactivated (2)
119,06
1 1 .02 B I a) 2 bb) (22) Hulled (shelled or husked) oats, not included under No 1 1.02 B I a) 2 bb) (1 1 ) (2) —
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 ('Griitze ' or 'Grutten ') (2)
142,77
11.02 B I b) 1 (bb) Hulled and sliced or kibbled barley, not included under No 1 1 .02 B I b) 1 (aa)
('Griitze ' 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
exceeding 2,3 % by weight, of a tegument content not exceeding 0,1 % , of a
moisture content not exceeding 1 1 % and of which the peroxydase is virtually
inactivated ('Griitze' or 'Grutten') (2)
126,50
1 1 .02 B I b) 2 (bb) Hulled and sliced or kibbled oats not included under No 1 1.02 B I b) 2 (aa)
('Griitze' or 'Grutten') (2)
—
1 1.02 B II a) ( 1 ) Hulled (shelled or husked) wheat, not sliced or kibbled (2) —
1 1.02 B II c) ( 1 ) Hulled and sliced or kibbled 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 0,6 % by weight ('Gruetze' or 'Grutten') (2) (8)
136,60
1 1.02 B II c) (2) Hulled and sliced or kibbled maize of a fat content, referred to dry matter, not
exceeding 1 ,3 % by weight and of a crude fibre content, referred to dry matter, not
exceeding 0,8 % by weight ('Gruetze' or 'Grutten') (2) (8)
104,73
1 1.02 C III (a) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by
weight (without talc) — 1st category (3)
190,36
1 1.02 C 111(b) Pearled barley, of an ash content, referred to dry matter, not exceeding 1 % by
weight (without talc) — 2nd category (3)
152,29
11.02 CIV Pearled oats (3) —
11.02 D I Wheat not otherwise worked than kibbled 67,00
1 1.02 D II Rye not otherwise worked than kibbled 82,00
1 1 102 E I b) 1 (aa) Flaked 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
142,77
1 1 .02 E I b) 1 (bb) Flaked barley not included under 1 1 .02 E I b) 1 (aa) —
1 1 .02 E I b) 2 (aa) Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % by
weight, of a tegument content not exceeding 0,1 % , of a moisture content not
exceeding 1 2 % and of which the peroxydase is virtually inactivated
148,82
1 1 .02 E I b) 2 (bb) Flaked oats, of an ash content, referred to dry matter, not exceeding 2,3 % 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
119,06
1 1 .02 E I b) 2 (cc) Flaked oats not included under Nos 1 1.02 E I b) 2 (aa) and 1 1.02 E I b) 2 (bb) —
ex 1 1.02 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 % by
weight
145,71
30 . 11 . 85 Official Journal of the European Communities No L 321 / 13
(ECU/tonne)
Number
in nomenclature
used for refunds
Nomenclature in simplified wording Refund
ex 11.02 E lie) (2) Flaked maize, of a fat content, referred to dry matter, not exceeding 1,3 % by
weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by
weight
118,39
ex 1 1 .02 E II c) (3) Flaked maize, of a fat content, referred to dry matter, exceeding 1,3 % but not
exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not
exceeding 1 % by weight
—
1 1 .02 E II d) 1 Flaked rice —
11.02 Fill Barley pellets —
11.02 F IV Oat pellets —
1 1.02 F V Maize pellets —
11.02G I Wheat germ, whole, rolled, flaked or ground 20,75
11.02 G II Germ of cereals other than wheat, whole, rolled, flaked or ground 22,77
1 1 .07 A I a) Unroasted malt, obtained from wheat, in the form of flour 147,72
11.07 A II a) Unroasted malt, other than that obtained from wheat, in the form of flour 169,42
11.08 A I Maize starch (*) 115,37
11.08 All Rice starch (*) 152,32
11.08 A III Wheat starch (*) 121,44
11.08 A IV Potato starch (6) 115,37
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, of 82 % or more
by weight (N x 6,25)
147,92
17.02 B II a) Glucose and malto-dextrine, 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)
150,49
17.02 B II b) Malto-dextrine and malto-dextrine syrup ; glucose and glucose syrup not contain
ing, 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)
115,37
17.02 F II a) Caramel, other than caramel containing 50 % or more by weight of sucrose in the
dry matter, in the form of powder, whether or not agglomerated
157,65
17.02 F lib) Caramel , other than caramel containing 50 % or more by weight of sucrose in the
dry matter, other than in the form of powder
109,64
21.07 F II Flavoured or coloured glucose syrup, and malto-dextrine syrup 115,37
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
21,54
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 % by weight, and not having under
gone a denaturing process, or of a starch content exceeding 45 % by weight and
having undergone denaturing process
21,54
23.02 A II a) Brans, sharps and other residues derived from the sifting, milling or working of
cereals other than 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 % by weight
21,54
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)
21,54
23.03 A I Residues from the manufacture of starch from maize (excluding concentrated
steeping liquors), of a protein content, calculated on dry matter, of 63 % or more
by weight (N x 6,25)
57,32
No L 321 /14 Official Journal of the European Communities 30 . 11 . 85
(') 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 % passes through a sieve with an aperture of 1 50 microns .
(2) '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).
(3) '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).
(4) Pursuant to Regulation (EEC) No 2730/75 the product falling within subheading 17.02 B I enjoys the same export refund as the
product falling within subheading 17.02 B II .
(*) The export refund is granted on products falling within this subheading which have a starch content of not less than 85 % by weight.
(*) The export refund is granted on products falling within this subheading which have a starch content of not less than 78 % by weight.
Q The analytical method to be used for the determination of the fatty matter content is that printed in Annex I (method A) to Directive
84/4/EEC (OJ No L 15, 18 . 1 . 1984, p. 28). v
(8) The procedure to be followed for the determination of the fatty matter content is as follows :
— the sample has to be crushed so that 90 % or more can pass through a sieve with an aperture of 500 microns and 100 % can pass
through a sieve with an aperture of 1 000 microns,
— the analytical method to be used afterwards is that which is printed in Annex I (Method A) to Directive 84/4/EEC (OJ No L 15, 18 .
1 . 1984, p. 28).
Full & Egal Universal Law Academy