Commission Regulation (EC) No 388/2009 of 12 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the import and export system for products processed from cereals and rice (Codified version)

• CELEX: Regulation (EC) No 388/2009
• Articles: 11

Article 1

For the purposes of this Regulation, the following definitions shall apply:

(a)

‘processed products’ means the products or groups of products listed:

(i)

in point (d) of part I of Annex I to Regulation (EC) No 1234/2007, except the products falling within CN code ex 2309 ;

(ii)

in point (c) of part II of Annex I to Regulation (EC) No 1234/2007;

(b)

‘basic products’ means the cereals listed in points (a) and (b) of part I of Annex I to Regulation (EC) No 1234/2007, and broken rice referred to in point (b) of Part II of Annex I to that Regulation.

Article 2

1.   The refund which may be granted on processed products shall be determined with particular reference to:

(a)

the movements of prices for the basic products within the Community, compared with world market prices;

(b)

the quantities of basic products needed for the manufacture of the product in question and, where applicable, their interchangeability;

(c)

the possible cumulation of refunds applicable to various products obtained from one and the same process and one and the same basic product;

(d)

outlets and conditions of sale for processed products on the world market.

2.   The refunds shall be fixed at least once a month.

Article 3

1.   The refund shall be adjusted in accordance with Articles 14 and 15 of Commission Regulation (EC) No 1342/2003  ( 4 ) . The adjustment shall be made by increasing or decreasing the refund by the amount resulting from each of the adjustments referred to in Article 14(1) and (3) of Regulation (EC) No 1342/2003, per tonne of basic product, multiplied by the coefficient listed in column 4 of Annex I to this Regulation against the processed product in question.

2.   For the purposes of Article 164(4) and the first paragraph of Article 166 of Regulation (EC) No 1234/2007, the amount zero shall not be considered to be a refund, and consequently the adjustment referred to in Article 15(1) of Regulation (EC) No 1342/2003 shall not apply.

Article 4

1.   Member States shall inform the Commission, each day before 15.00 (Brussels time), of the quantities for which export licences have been applied for.

2.   In the case of products processed from cereals and rice mentioned in Article 162 (1)(b) of Regulation (EC) No 1234/2007, Member States shall inform the Commission, by Wednesday of each week in respect of the preceding week and for each product code as defined in Annex I to Commission Regulation (EEC) No 3846/87  ( 5 ) , of the quantities for which licences have been issued, broken down into products exported with a refund and products exported without a refund.

Article 5

1.   Where, for one or more products, the conditions referred to in Article 187 of Regulation (EC) No 1234/2007 are met, the following measures may be taken by the Commission:

(a)

application of an export tax. This tax shall be fixed by the Commission once per week. It may be varied depending on the destination;

(b)

total or partial suspension of the issuing of export licences;

(c)

total or partial rejection of pending export licence applications.

2.   The export tax referred to in paragraph 1(a) shall be that applicable on the day on which customs formalities are completed.

However, at the request of the applicant, submitted at the same time as the licence application, the export tax applicable on the day of lodging of the licence application shall apply to an export operation to be carried out during the period of validity of the licence.

3.   The Commission shall notify the Member States of its decision and publish it.

Article 6

The methods used for assessing the ash content, the fat content and the starch content, the denaturing process, and any other method of analysis necessary for the application of this Regulation as regards the import and export system, shall be determined, if necessary, in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.

Article 7

Regulation (EC) No 1518/95 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.

Article 8

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX I

ANNEX I

CN code /Product code

Description of goods

Basic product

Coefficient

1

2

3

4

1102

Cereal flours other than of wheat or meslin:

1102 20 10 9200

Maize (corn) flour, of a fat content not exceeding 1,3 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight

Maize

1,40

1102 20 10 9400

Maize (corn) flour, of a fat content exceeding 1,3 % but not exceeding 1,5 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % by weight

Maize

1,20

1102 20 90 9200

Maize (corn) flour, of a fat content exceeding 1,5 % but not exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % by weight

Maize

1,20

1102 90 10 9100

Other, 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

Barley

1,50

1102 90 10 9900

Other, barley flour, other

Barley

1,02

1102 90 30 9100

Other, 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 peroxidase is virtually inactivated

Oats

1,80

1103

Cereal groats, meal and pellets:

1103 13 10 9100

Groats and meal, of maize (corn), of a fat content not exceeding 0,9 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0,6 % by weight

Maize

1,80

1103 13 10 9300

Groats and meal, of maize (corn), of a fat content exceeding 0,9 % but not exceeding 1,3 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight

Maize

1,40

1103 13 10 9500

Groats and meal, of maize (corn), of a fat content exceeding 1,3 % but not exceeding 1,5 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % by weight

Maize

1,20

1103 13 90 9100

Groats and meal, of maize (corn), other, of a fat content exceeding 1,5 % but not exceeding 1,7 % by weight and of a crude fibre content, referred to dry matter, not exceeding 1 % by weight

Maize

1,20

1103 19 10 9000

Groats and meal, of rye

Rye

1,00

1103 19 30 9100

Groats and meal, of 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

Barley

1,55

1103 19 40 9100

Groats and meal, of 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 11 % and of which the peroxidase is virtually inactivated

Oats

1,80

1103 20 20 9000

Pellets, of barley

Barley

1,02

1103 20 60 9000

Pellets, of wheat

Wheat

1,02

1104

Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading No 1006 ; germ of cereals, whole, rolled, flaked or ground:

1104 12 90 9100

Rolled or flaked grains, of oats, flaked, 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 12 % and of which the peroxidase is virtually inactivated

Oats

2,00

1104 12 90 9300

Rolled or flaked grains, of oats, flaked, 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 peroxidase is virtually inactivated

Oats

1,60

1104 19 10 9000

Rolled or flaked grains, of wheat

Wheat

1,02

1104 19 50 9110

Rolled or flaked grains, of 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

Maize

1,60

1104 19 50 9130

Rolled or flaked grains, of maize, of a fat content, referred to dry matter, exceeding 0,9 % but not exceeding 1,3 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight

Maize

1,30

1104 19 69 9100

Rolled or flaked grains, of barley, flaked, 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

Barley

1,50

1104 22 20 9100

Grains, of oats, hulled (shelled or husked), of an ash content, referred to dry matter, not exceeding 2,3 % by weight, of a tegument content not exceeding 0,5 %, of a moisture content not exceeding 11 % and of which the peroxidase is virtually inactivated

Oats

1,60

1104 22 30 9100

Grains, of oats, hulled and sliced or kibbled (‘Grütze’ or ‘grutten’), 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 11 % and of which the peroxidase is virtually inactivated

Oats

1,70

1104 23 10 9100

Grains, of maize (corn), hulled (shelled or husked), whether or not sliced or kibbled, 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 (‘Grütze’ or ‘grutten’)

Maize

1,50

1104 23 10 9300

Grains, of maize (corn), hulled (shelled or husked), whether or not sliced or kibbled, of a fat content, referred to dry matter, exceeding 0,9 % but not exceeding 1,3 % by weight, and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight (‘Grütze’ or ‘grutten’)

Maize

1,15

1104 29 01 9100

Grains, of barley, hulled (shelled or husked), 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

Barley

1,50

1104 29 03 9100

Grains, of barley, hulled and sliced or kibbled (‘Grütze’ or ‘grutten’), 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

Barley

1,50

1104 29 05 9100

Grains, of barley, pearled, of an ash content, referred to dry matter, not exceeding 1 % by weight (without talc) — first category

Barley

2,00

1104 29 05 9300

Grains, of barley, pearled, of an ash content, referred to dry matter, not exceeding 1 % by weight (without talc) — Second category

Barley

1,60

1104 29 11 9000

Grains, of wheat, hulled (shelled or husked), not sliced or kibbled

Wheat

1,02

1104 29 51 9000

Grains, of wheat, hulled (shelled or husked), not otherwise worked than kibbled

Wheat

1,00

1104 29 55 9000

Grains, of rye, hulled (shelled or husked), not otherwise worked than kibbled

Rye

1,00

1104 30 10 9000

Germ, of wheat, whole, rolled, flaked or ground

Wheat

0,25

1104 30 90 9000

Germ, of cereals, other, whole, rolled, flaked or ground

Maize

0,25

1107

Malt, whether or not roasted:

1107 10 11 000

Not roasted, of wheat, in the form of flour

Wheat

1,78

1107 10 91 000

Not roasted, other, in the form of flour

Barley

1,78

1108

Starches; inulin:

1108 11 00 9200

Wheat starch, of a dry matter content of not less than 87 % and a purity in the dry matter of not less than 97 %

Wheat

2,00

1108 11 00 9300

Wheat starch, of a dry matter content of not less than 84 % but less than 87 % and a purity in the dry matter of not less than 97 %

Wheat

2,00

1108 12 00 9200

Maize (corn) starch, of a dry matter content of not less than 87 % and a purity in the dry matter of not less than 97 %

Maize

1,60

1108 12 00 9300

Maize (corn) starch, of a dry matter content of not less than 84 % but less than 87 % and a purity in the dry matter of not less than 97 %

Maize

1,60

1108 13 00 9200

Potato starch, of a dry matter content of not less than 80 % and a purity in the dry matter of not less than 97 %

Maize

1,60

1108 13 00 9300

Potato starch, of a dry matter content of not less than 77 % but less than 80 % and a purity in the dry matter of not less than 97 %

Maize

1,60

1108 19 10 9200

Rice starch, of a dry matter content of not less than 87 % and a purity in the dry matter of not less than 97 %

Rice

1,52

1108 19 10 9300

Rice starch, of a dry matter content of not less than 84 % but less than 87 % and a purity in the dry matter of not less than 97 %

Rice

1,52

1702

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

1702 30 50 9000

Glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 % by weight of fructose, other than isoglucose, in the form of white crystalline powder, whether or not agglomerated

Maize

2,09

1702 30 90 9000

Glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 % by weight of fructose, other than isoglucose, other

Maize

1,60

1702 40 90 9000

Glucose and glucose syrup, containing in the dry state at least 20 % but less than 50 % by weight of fructose, except invert sugar, other

Maize

1,60

1702 90 50 9100

Maltodextrine, in white solid form, whether or not agglomerated

Maize

2,09

1702 90 50 9900

Maltodextrine and maltodextrine syrup, other

Maize

1,60

1702 90 75 9000

Caramel, in the form of powder, whether or not agglomerated

Maize

2,19

1702 90 79 9000

Caramel, other

Maize

1,52

2106 90 55 9000

Food preparations not elsewhere specified or included, flavoured or coloured sugar syrups, glucose syrup and maltodextrine syrup

Maize

1,60

ANNEX II

ANNEX II

Repealed Regulation with its amendment

Commission Regulation (EC) No 1518/95

( OJ L 147, 30.6.1995, p. 55 )

Commission Regulation (EC) No 2993/95

( OJ L 312, 23.12.1995, p. 25 )

ANNEX III

ANNEX III

Correlation table

Regulation (EC) No 1518/95

This Regulation

—

Article 1, introductory wording

Article 1(1), introductory wording

Article1(a)

Article 1(1)(a)

Article 1(a)(i)

Article 1(1)(b)

Article 1(a)(ii)

Article 1(2)

Article 1(b)

Article 2

Article 2

Article 3

Article 3

Article 4

Article 4

Article 5

Article 5

Article 6

Article 6

Article 7

—

Article 8

—

—

Article 7

Article 9

Article 8

Annex

Annex I

—

Annex II

—

Annex III