31969R0204

Official Journal of the European Communities 35

5.2.69 Official Journal of the European Communities No L 29 / 1

REGULATION (EEC) No 204/69 OF THE COUNCIL

of 28 January 1969 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds

THE COUNCIL OF THE EUROPEAN COMMUNITIES, the extent required to allow the agricultural products in question to be exported in the form of certain Having regard to the Treaty establishing the processed goods not listed in Annex II to the Treaty European Economic Community ; on the basis of world market quotations or prices for such products, the difference between such Having regard to Council Regulation No quotations or prices and prices in the Community may be covered by an export refund ; whereas to that end 120/67/EEC1 of 13 June 1967 on the common general rules should be adopted on the conditions for organisation of the market in cereals, and in particular Articles 16 (5 ) and 17 (3 ) thereof; granting such refunds and criteria should be laid down for fixing the amount thereof ; Having regard to Council Regulation No 122/67/EEC2 of 13 June 1967 on the common Whereas the goods referred to above may be obtained directly from basic products, or from organisation of the market in eggs, and in particular the fourth subparagraph of Article 9 (2 ) and Article products derived from the processing of those basic 10 (3 ) thereof; products, or from products assimilated to those basic products or to products derived from the processing thereof; whereas in all these cases rules should be Having regard to Council Regulation No laid down for determining the amount of the export 359/67/EEC3 of 25 July 1967 on the common refund ; organisation of the market in rice, and in particular Articles 17 (5 ) and 18 (3 ) thereof; Whereas exporters should be able to know sufficiently far in advance the amount of the refund Having regard to Council Regulation No 1009/67/EEC4 of 18 December 1967 on the common to which they may be entitled ; whereas to that end, subject to the provisions of the fourth subparagraph organisation of the market in sugar, and in particular of Article 16 ( 2 ) of Regulation No 120/67/EEC and the fifth subparagraph of Article 17 ( 2 ) and Article of the corresponding articles in the other regulations 19 (3 ) thereof ; on the common organisation of markets, that amount should be fixed for a period of one month ; whereas Having regard to Council Regulation (EEC) No the introduction of a system of advance fixing of 804/685 of 27 June 1968 on the common organisation refunds, provided that it is accompanied by the of the market in milk and milk products, and in necessary safeguards, would serve that purpose ; particular Articles 17 (3 ) and 18 (3 ) thereof; Whereas account should be taken of the specific Having regard to the proposal from the Commission ; requirements of the industries producing the goods in question and the fact that the manufacture of those Whereas the regularions on the common organisation goods very often requires the use of several of the markets in the above sectors provide that, to agricultural products on which the refund may be different; whereas the joint fixing of refunds should meet these cases ; 1 OJ No 117, 19.6.1967, p . 2269/67. 2 OJ No 117, 19.6.1967, p . 2293/67. Whereas the refund should have the effect of placing 3 OJ No 174, 31.7.1957, p . 1 . industries using Community agricultural products 4 OJ No 308, 18.12.1967, p. 1 . and industries using products from third countries 5 OJ No L 148, 28.6.1968, p . 13 . under inward processing arrangements on an equal

36 Official Journal of the European Communities

footing as regards competition for supplies of those within heading No 11.06 of the Common raw materials ; Customs Tariff shall be considered as ' being manufactured from maize starch ; Whereas the proportion of the above agricultural products in most exported goods is bound to vary ; ( b) goods manufactured from : whereas the amount of the refund must therefore be — fresh milk, not concentrated or sweetened , determined on the basis of the quantities of those with a milkfat content by weight not products actually used in the manufacture of exceeding 0-1 % , or exported goods ; whereas, however, for certain goods of a simple and relatively constant composition the — concentrated milk or cream , other than in amounts of the refund should , for ease of powder form , without added sugar, with a administration , be determined on the basis of fixed milkfat content by weight of'less than 0-5% , quantities of agricultural products ; or — milk powder, without added sugar, with a Whereas exporters should be obliged to declare the milkfat content by weight of less than 1-5% , quantities of products used in the manufacture of shall be considered as manufactured from milk exported goods ; powder complying with the definition of the pilot Whereas, to ensure correct application of the product of Group No 2 listed in Annex I to Council Regulation ( EEC) No 823 /68 1 of 28 June provisions in the regulations on the common 1968 determining the groups of products and the organisation of markets relating to the granting - of special provisions for calculating levies on milk export refunds, such refunds should not be granted and milk products ; on products from third countries used in the manufacture of goods which are exported after having previously been in free circulation in the (c) goods manufactured from : Community ; — milk or cream, fresh , not concentrated or sweetened , with a milkfat content by weight exceeding 0-1% and not exceeding 6% , or HAS ADOP.TED THIS REGULATION : — milk or cream in powder form , without added sugar, with a milkfat content by weight Article 1 exceeding 1-5% , shall be considered as being manufactured from 1 . Refunds on exports - to third countries in the milk powder complying with the definition of the form of goods not covered by Annex II to the Treaty pilot product of Group No 3 listed in the Annex but listed, as the case may be : to Regulation ( EEC ) No 823 /68 ; — in Annex B to Regulation No 120/67/EEC ; ( d ) goods manufactured from concentrated milk or — in the Annex to Regulation No 122/67/EEC ; cream , other than in powder form , without added sugar, with a milkfat content by weight — in Annex B to Regulation No 359/67/EEC ; not less than 0-5% , shall be considered as being — in the Annex to Regulation No 1009/67/EEC ; manufactured from concentrated milk complying with the definition of the pilot product of Group — in the Annex to Regulation ( EEC ) No 804/68 ; No 4 listed in the Annex to Regulation (EEC) and listed in Annexes B or C to this Regulation and No 823 /68 ; hereinafter called ' goods', of basic products listed in Annex A , of products resulting from the processing (e) goods manufactured from : of such basic products, and of products which are — fresh milk or cream, not concentrated or assimilated to these first two categories by the sweetened, with a milkfat content by weight provisions of paragraph 2 of this Article, shall be exceeding 6% , or fixed and granted in accordance with the general rules laid down in this Regulation . — butter with a milkfat content by weight exceeding 82% 2 . For the purposes of this Regulation : shall be considered as being manufactured from (a ) goods manufactured from potato starch falling butter complying with the definition of the pilot product of Group No 6 listed in the Annex to within heading No 11.08 of the Common Regulation (EEC ) No 823 /68 . Customs Tariff, from starch of roots and tubers falling within heading No 07.06 of the Common Customs Tariff, and from flour and meal falling 1 OJ No L 151 , 30.6.1968 , p . 3 .

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Article 2 ( b) In the case of use of a product :

— derived from the processing of a basic product In respect of the products referred to in Article 1 ( 1 ), listed in Annex A or of a product assimilated to the export retund on any goods shall be equal to the that basic product. sum of the amounts obtained by multiplying the quantity of each of the basic products listed in Annex — or assimilated to a product derived from the A, determined in accordance with Article 3 , by the processing of a basic product listed in Annex A, rate of the refund on the basic product calculated per and covered by Annex II to the Treaty, the quantity unit of weight in accordance with Article 4 . shall be that which is actually used in the manufacture of the exported goods, reduced to a quantity of basic product listed in Annex A by Article 3 applying, as the case may be, the special rules for calculation , equivalence ratios or coefficients fixed 1 . In respect of the goods listed in Annex B, the for determining the levies on imports of the products quantity of each of the basic products listed in Annex in question . A to be taken in calculating the amount of the refund shall be determined as follows : (c) In the case of use : — either of a product derived from the processing of ( a) In the case of use, unprocessed , of a basic a basic product listed in Annex A or of a product product listed in Annex A or of an assimilated assimilated to that basic product, and not product, the quantity shall be that which is covered by Annex II to the Treaty , actually used in the manufacture of the exported goods . — or of a product derived from the mixture or from the processing of several basic products listed in When goods have been manufactured from fresh Annex A and/or products assimilated to those milk, not concentrated or sweetened, with a milkfat basic products , and/or products referred to in the content by weight not exceeding 01% the quantity preceding indent. of the pilot product of Group No 2 to be taken shall be determined by means of a conversion rate of 8-62 the quantity shall be equal , for each of the basic kilogrammes of the pilot product per 100 products in question listed in Annex A and subject to kilogrammes of fresh milk, not concentrated or the provisions of paragraph 3 , to the quantity found sweetened . after verification pursuant to Article 8 ( 1 ), account being taken, where appropriate, of the special rules When goods have been manufactured from for calculation, equivalence ratios and coefficients concentrated milk or cream, other than in powder referred to in ( b ). form, without added sugar, with a milkfat content by weight of less than 0-5% , the quantity of the pilot 2. For the purposes of paragraph 1 , the products product of Group No 2 to be taken shall be used unprocessed in the manufacture of goods shall determined by means of a conversion rate of 26 be considered as actually used . kilogrammes of the pilot product per 100 kilogrammes of concentrated milk or cream , other than in powder form , without added sugar. 3 . In respect of the goods listed in Annex C, the quantity of basic products to be that in calculating When goods have been manufactured from the milk the amount of the refund shall be that shown in that products referred to in Article 1 (2) ( c) (d ) or ( e), Annex against each of those goods . the quantity of the pilot product of Group No 3 , No 4 or No 6 to be tacen, as the case may be, shall be 4. If the annexes to the regulations referred to in determined by means of a conversion rate of : Article 1 ( 1 ) of this Regulation are supplemented by the addition of further goods, those goods shall be — 3-85 kilogrammes of the pilot product of Group considered, for the purposes of paragraphs 1 , 2 and No 3 per 1% of milkfat contained in 100 kilogrammes of milk product assimilated to that * 3 , as being listed in Annex B to this Regulation unless pilot product : provision to the contrary is made by the Council acting in accordance with the voting procedure laid — 13-33 kilogrammes of the pilot product of Group down in Article 43 ( 2 ) of the Treaty on a proposal No 4 per 1% of milkfat contained in 100 from the Commission . kilogrammes of milk product assimilated to that pilot product; Article 4 — 1-22 kilogrammes of the pilot product of Group No 6 per 1% of milkfat contained in 100 1 . The rate of the refund shall be fixed for each kilogrammes of the milk product assimilated to month per 100 kilogrammes of basic products listed that pilot product. in Annex A.

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However, the rate of the refund on poultry eggs in Article 16 (4) of Regulation No 120/67/EEC and in shell, fresh or preserved, and eggs not in shell and Article 17 (4) of Regulation No 359/67/EEC. egg yolks, suitable for human consumption, fresh, dried or otherwise preserved , not sweetened, shall be Article 6 fixed for the period taken for fixing the refunds on those products exported unprocessed. 1 . The granting of the refund under the system of 2 . The rate of the refund shall be determined with advance fixing provided for in Article 5 (2) shall be particular reference subject to the submission of an advance fixing certificate which may be issued by Member States to (a) the average cost incurred by the processing any applicant irrespective of the place of his industries in obtaining supplies of the basic establishment in the Community. products listed in Annex A on the' Community market and the prices ruling on the world Advance fixing certificates shall be valid for exports market ; from the Community from a date to be fixed by the Council acting in accordance with the voting (b) the level of the refunds on exports of processed procedure laid down in Article 43 (2) of the Treaty agricultural products covered by Annex II to the on a proposal from the Commission, and at the latest Treaty which are manufactured under similar from 1 August 1969 . Until that date, such certificates conditions ; shall be valid only for exports from the Member State which issued them . (c) the need to ensure equality of competition between the industries which use Community products and those which use third country 2. The issue of advance fixing certificates shall be products under inward processing arrangements. conditional on the lodging of a deposit guaranteeing that exportation is effected during the period of validity of the certificate; the deposit shall be 3 . In fixing the rate of the refund , account shall be forfeited in whole or in part if exportation is not taken , where appropriate, of production refunds , aids effected, or is only partially effected , within that or other measures having equivalent effect applicable period . in all Member States , in accordance with the regulation on the common organisation of the market in the product in question, to the basic products Article 1 listed in Annex A or to assimilated products . The period of validity of advance fixing certificates, 4. Where the world trade situation in casein falling the amount of the deposit and the other within subheading No 35.01 A of the Common implementing provisions of Articles 5 and 6 shall Customs Tariff or the specific requirements of certain constitute detailed rules of application within the markets so require , the refund on such casein may be meaning of Article 16 (6) of Regulation No varied according to destination . 120/67/EEC and the corresponding articles of the other regulations referred to in Article 1 of this Regulation . Article S Article 8 1 . The rate of the refund shall be that applying on the day on which the goods are exported. 1 . "When goods are exported, the party concerned must declare the quantities of basic products listed in 2 . However, except in respect of the basic Annex A, of products derived from the processing products listed in Annex A under tariff sub-headings thereof, or of products assimilated to the first two Nos 04.05 A 1(b ) and ex 04.05 B I , the rate of the categories by virtue of Article 1 (2), which have been refund may be fixed in advance at the request of the used in the manufacture of those goods . The party concerned . In that case , the rate of the refund competent authorities shall take all necessary applicable on the day on which application for the measures to verify the accuracy of such declaration, certificate referred to in Article 6 is made shall be such as analysis of the goods, control of the products applied to an export to be effected during the period to be used in the manufacture of the goods and of validity of that certificate . inspection of the manufacturing process . The rate of the refund calculated in the manner described in the preceding subparagraph shall be 2 . When goods are analysed in pursuance of adjusted according to the rules applying to the paragraph 1 , the methods of analysis laid down by advance fixing of the refunds on basic products listed Community provisions for the calculation of the in Annex A exported unprocessed, except for the import duty on similar goods entering the rules relating to the corrective amount laid down in Community shall be applied .

Official Journal of the European Communities 39

3 . The provisions of paragraph 1 shall not apply which a Member State does not impose customs to exports of the goods listed in Annex C. duty, levies or other charges having equivalent effect, in connection with the exportation of goods to third 4. The document certifying exportation shall list countries or as a consequence thereof, may not the quantities of goods exported and the quantities of exceed the quantity taken, under the provisions of the products referred to in the first subparagraph of Article 3 , for calculating the amount of the refund paragraph 1 . provided for by this Regulation .

Article 9 Article 1 1

In respect of products referred to in Article 1 ( 1 ), no Regulation No 217/67/EEC is repealed with effect refund shall be granted on the exportation, whether from 1 April 1969 . processed or unprocessed , of goods which have previously been in free circulation within the meaning of Article 10 ( 1 ) of the Treaty. Article 12

This Regulation shall enter into force on the third Article 10 day following its publication in the Official Journal of the European Communities . The quantity of basic products, assimilated products or products derived from the processing thereof The provisions of this Regulation shall be applicable referred to in the regulations listed in Article 1 on from 1 April 1969 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 28 January 1969 .

For the Council The President

P. GRÉGOIRE

40 Official Journal of the European Communities

ANNEX A

OCT heading No Description of basic products

ex 04.02 A II Milk powder, obtained by the spray process, with a fat content of less than 1-5% by weight and with a water content, of less than 5% by weight (PG 2 ) ex 04.02 A II Milk powder, obtained by the spray process, with a fat content of 26% by weight and a water content of less than 5% by weight (PG 3 ) ex 04.02 A III Concentrated milk, with a• fat content by weight of 7-5% and a content by weight referred to dry matter equal to 25% ( PG 4) ex 04.03 Butter with a fat content by weight of 82% ( PG 6) 04.05 A I (b ) Poultry eggs in shell , fresh or preserved , other than eggs for hatching ex 04.05 B I Eggs not in shell , and yolks of poultry eggs, suitable for human consumption, fresh , preserved, dried, not sweetened 10.01 Wheat and meslin 10.02 Rye 10.03 Barley 10.04 Oats 10.05 B Maize other than hybrid maize for sowing ex 10.06 A Husked rice ex 10.06 B Milled rice 10.06 C Broken rice 11.01 A Wheat or meslin flour 11.01 B Rye flour 11.02 A I (a) Durum wheat groats and meal 11.02 A I (b ) Common wheat groats and meal 17.01 . Beet sugar and cane sugar, solid ex 17.02 A II Lactose containing, in the dry state, 98-5% by weight of pure product ( PG 12 ) 17.03 Molasses, whether or not decolourised

Official Journal of the European Communities 41

ANNEX B

CCT heading Xo Description of goods

17.04 Sugar confectionery, not containing cocoa : B. Chewing gum C. White chocolate D. Other 18,06 Chocolate and other food preparations containing cocoa 19.01 Malt extract 19.02 Preparations of flour, starch or malt extract, of a kind used as infant food or for dietetic or culinary purposes, containing less than 50% by weight of cocoa 19.04 Tapioca and sago ; tapioca and sago substitutes obtained from potato or other starches ex 19.05 Prepared foods obtained by the swelling or roasting of cereals or cereal products (puffed rice, corn flakes and similar products ), except foods obtained from rice 19.06 Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers , rice paper and similar products 19.07 Bread , ships' biscuits and other ordinary bakers ' wares , not containing added sugar, honey, eggs, fats, cheese or fruit 19.08 Pastry, biscuits , cakes and other fine bakers' wares , whether or nor containing cocoa in any proportion 21.01 Roasted chicory and other roasted coffee substitutes ; extracts, essences and concentrates thereof : A. Roasted chicory and other roasted coffee substitutes ; II . Other ( than roasted chicory) B. Extracts, essences and concentrates of the products described under subheading A : II . Other ( than extracts of roasted chicory ) ex 21.05 Liquid soups and broths 21.07 Food preparations not elsewhere specified or included : A. Cereals in grain or ear form, pre-cooked or otherwise prepared : III . Other C. Ice cream ( not including ice cream powder) and other ices D. Prepared yoghourt; prepared milk, in powder form , for use as infants' food or for dietetic or culinary purposes E. Cheese fondues ex F. Other, containing sugar (sucrose or invert sugar), milk products, cereals, rice or products obtained from cereals or rice 22.02 Lemonade, flavoured spa waters and flavoured aerated waters, and other non-alcoholic beverages, not including fruit and vegetable juices falling within heading No 20.07 : ex A. Not containing milk or milkfats — Containing sugar (sucrose or invert sugar) B. Other 22.09 Spirits (other than those of heading No 22.08 ); liqueurs and other spirituous beverages ; com­ pound alcoholic preparations (known as ' concentrated extracts') for the manufacture of beverages : C. Spirituous beverages : ex V. Other, containing eggs or egg yolks and /or sugar ( sucrose or invert sugar)

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CCT heading No Description of goods

29.16 Alcohol-acids , aldehyde-acids, ketone-acids , phenol-acids and other .single or complex oxygen function acids, and their anhydrides, acid halides, acid peroxides and peracids, and their halogen­ ated, sulphonated , nitrated or nitrosated derivatives : ex A I to VIII. Mannitol or sorbitol esters A V. Gluconic acid and its salts and esters ex A VIII . Glyceric acid , glycolic acid , saccharonic acid , isosaccharonic acid , heptasaccharic acid , their salts and esters 29.35 Heterocyclic compounds ; nucleic acids : ex T. Other : — Anhydric compounds of mannitol or sorbitol (for example, sorbitans), excluding maltol and isomaltol 29.43 Sugars, chemically pure, other than sucrose, glucose and lactose; sugar ethers and sugar esters, and their salts, other than products of headings Nos 29.39, 29.41 and 29.42 : ex B. Other : — Sorbose, its salts and esters ; methyl glucosides 35.01 Casein, caseinates and other casein derivatives ; casein glues : B. Casein glues 35.05 Dextrins and dextrin glues ; soluble or roasted starches ; starch glues 38.12 Prepared glazings , prepared dressings and prepared mordants, of a kind used in the textile, paper, leather or like industries : A. Prepared glazings and prepared dressings : I. With a basis of amylaceous substances 38.19 Chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included ; residual products of the chemical or allied industries , not elsewhere specified or included : R. Foundry core binders based on synthetic resins ex T. Other : — Sorbitol cracking products 39.02 Polymerisation and copolymerisation products (for example, polyethylene, polytretahaloethylenes . polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone-indene resins): ex C. Adhesives based on resin emulsions and based on sodium silicate emulsions 39.06 Other high polymers, artificial resins and artificial plastic materials, including alginic acid , its salts and esters ; linoxyn : ex B. Other, except linoxyn

Official Journal of the European Communities 43

ANNEX C

CM O CCT c. "Ό "¡J heading O -•j _G description of goods d cj S" i: -® ÄG No « 52 w ώ 5 o δ .c 3 JZ So U £ Q & S X -c oa ΙΛ S s i -i &, w -S kg kg kg kg kg kg kg kg kg kg

17.02 Other sugars ; sugar syrups ; ar­ tificial honey (whether or not mixed with natural honey); caramel : A. Lactose and lactose syrup : I. Containing, in the dry state, 99% or more by weight of the pure product - 100 B. Gluccse and glucose syrup : I. Containing, in the dry state, 99% or more by weight of the pure product 210

19.03 Macaron , spaghetti and similar products : A. Containing eggs : — Per kilogramme : — 1 egg 165-4 5-25 ' — 2 eggs 163-8 10-50 — 3 eggs 162-2 15-75 — 4 eggs 160-6 21-00 — 5 eggs 159 26-25 B. Other : I. Containing no common wheat flour or meal 167 II. Other 67 100

19.05 Prepared foods obtained by the swelling or roasting of cereals or cereal products (puffed rice, corn flakes and similar products): B. Obtained from rice 174

21.06 Natural yeasts ( active or inac­ tive); prepared baking powders : A. Active natural yeasts : II . Bakers' yeast : (a) Dried 425 ( b) Other 125

21.07 Food preparations not elsewhere specified or included : A. Cereals in grain or ear form , pre-cooked or otherwise pre­ pared : I. Maize 100 II . Rice 174

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a ft CCT o -o "IT 9 u a heading 0 u x O Description of goods JJ u g No == £ S)"73 o-e 3 £ «o 60 5= U 5 df 1 X-c ca I s a >-i e­ W"5

kg kg kg kg kg kg kg kg kg kg

B. Ravioli, macaroni, spaghetti and similar products, not stuffed, cooked ; the foregoing preparations, stuffed , whether or not cooked : I. Not stuffed , cooked 66 II . Stuffed : ( a) Cooked 41 ( b ) Other 116

22.03 Beer made from malt 271

29.04 ' Acyclic alcohols and their halogen­ ated , sulphonated , nitrated or nitrosated derivatives : 106 C. Polyhydric alcohols : II . Mannitol III . Sorbitol : ( a) In aqueous solution : 1 . Containing 2% or less by weight of mannitol, calculated on the sorbitol con­ tent 1722 2 . Other : — Obtained from amylaceous products 1522 — Obtained from sucrose 742 ( b ) Other : 1 . Containing 2% or less by weight of mannitol , calculated on the sorbitol con­ tent 245 2 . Other 1106

35.01 Casein , caseinates and other casein derivates ; casein glues : A. Casein 2913 C. Other 35.02 Albumins, albuminates and other albumin derivatives : A. Albumins : II . Other : ( a) Ovalbumin and lactal­ bumin 4

1 This quantity shall be understood to be calculated for beer of a strength between 11° and 13° Plato , both inclusive. For beer of a strength below 11° Plato this quantity shall be reduced by 2 kilogrammes per degree Plato, the actual strength having first been rounded to the next degree down . For beer of a strength exceeding 13° Plato, this quantity shall be increased by 2-5 kilogrammes per degree Plato, the actual strength having first been rounded to the next degree up . 2 This quantity shall be understood to be calculated for an aqueous solution of sorbitol with a dry matter content by weight of 70% . For aqueous solutions of sorbitol with a" different dry matter content, this quantity shall be increased or reduced , as the case may be , in proportion to the actual dry matter content, and rounded to the next kilogramme down . 3 A fixed quantity , on the basis of the casein used , at the rate of 291 kilogrammes of milk powder ( PG 2 ) per 100 kilogrammes of cascin . 4 A quantity resulting from the application of the coefficient fixed for calculating the amount of the import charge.