Commission Regulation (EC) No 508/2008 of 6 June 2008 on the definition, applicable to the granting of export refunds, of hulled grains and pearled grains of cereals (Codified version)
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Address https://gelex.eu/eli/EU/regulation/2008/508@2008-06-06/en
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), and in particular the first paragraph of Article 170, in conjunction with Article 4 thereof,
Whereas:
(1) Commission Regulation (EEC) No 821/68 of 28 June 1968 on the definition, applicable to the granting of export refunds, of hulled grains and pearled grains of cereals has been substantially amended several times. In the interests of clarity and rationality the said Regulation should be codified.
(2) The export refund should take into account the quality of the product processed from cereals which qualifies for the refund lest public funds contribute to the export of goods of inferior quality. It is therefore necessary to establish a precise definition, applicable in each Member State, of cereal grains qualifying for the refund on hulled grains and pearled grains.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,
HAS ADOPTED THIS REGULATION:
Article 1
For the granting of export refunds, pearled grains and hulled grains of cereals shall be those which possess the characteristics listed in Annex I.
Article 2
Regulation (EEC) No 821/68 is repealed. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex III.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 3
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. It shall apply from 1 July 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 June 2008. For the Commission The President José Manuel Barroso
ANNEX
ANNEX I A.
DEFINITION OF HULLED GRAINS (SHELLED OR HUSKED) AND PEARLED GRAINS
I.1.2. Hulled grains includes shelled and husked grains Shelled grains: are cereal grains which have a large part of the pericarp removed or bracted cereal grains (see Explanatory Notes to tariff heading No 10.03: grains) with the bracts removed which cling to the pericarp (as for example with bearded barley) or which enclose the pericap so firmly that the bracts cannot be detached by threshing etc. (as with oats). Husked grains are grains (in the case of barley, with the bracts removed) which have the major part of the pericarp and tegument (testa) removed.
II.1.2. Pearled grains include First class grains: Second class grains: grains which correspond to the definition under II.1(a).
II.1.
(a) grains which correspond to the following definition: pearled cereal grains, principally barley, which have the whole of the tegument, pericarp, germ and the major part of the outer layer and aleuronic layer removed, and which are of uniform size and rounded form, and
(b) which in addition meet the following requirements:
(b)
(i) regularity of the grains:
75 % of the grains must not exceed 20 % of the dm;
94 % of the grains added progressively between 3 % and 97 % must not exceed 30 % of the dm;
100 % of the grains must not exceed 50 % of the dm;
(ii) determination of regularity by sieve analysis using sieves with round holes.
B.
SIEVE ANALYSIS
I.1.2.3. Apparatus Set of sieves with round hole (diameter 200 mm, diameter of holes: 4,0 to 1,0 mm, at 0,25 mm intervals); Sieving apparatus — sieving should be done by hand; sieving aids (rubber cubes of 20 mm side); Precision scales.
II.
Method Normally the pearled barley is passed through six different sieves; the set of sieves is closed at the top and bottom with the sieve with the largest holes placed at the top; the top and bottom sieves should be empty after sieving. Two samples of pearled barley of a checked weight of between 50 and 100 grams are sifted by hand for at least five minutes, with the aid of the rubber cubes. Sieving consists of taking hold of the set of sieves with the hand and shaking it, more or less horizontally, 120 times per minute, each shake travelling about 70 mm. This to-and-fro movement is interrupted every minute by a triple circular movement. The sieved residues are weighed to the nearest 0,1 g and expressed as a percentage of the sieved product which shall be weighed to the nearest whole number, and the average calculated. The average of the percentages of the sieved residues should be added progressively, starting with the value 0 % in respect of the residue from the empty sieve with the largest holes. The added percentages Σ (%) and the sizes of the holes in the corresponding sieves are plotted in co-ordinated axes on millimetric paper, the Σ (%) in ordinates and the diameters of the holes, in mm, in abscissae. The median value (dm) is the hole width expressed in hundredths of mm for Σ (%) = 50, and is read off the graph obtained by joining the points by straight lines.
ANNEX II Repealed Regulation with list of its amendments
Commission Regulation (EEC) No 821/68 (OJ L 149, 29.6.1968, p. 46) Commission Regulation (EEC) No 1634/71 (OJ L 170, 29.7.1971, p. 13) Commission Regulation (EC) No 39/2007 (OJ L 11, 18.1.2007, p. 11)
ANNEX III Correlation table
Regulation (EEC) No 821/68 This Regulation Article 1 Article 1 — Article 2 Article 2 Article 3 Annex, Definition of hulled grains (shelled or husked) and pearled grains Annex I, point A Annex, point A Annex I, point A, I Annex, point B, I, 1 Annex I, point A, II, 1(a) Annex, point B, I, 2, first subparagraph, (a), (b) and (c) Annex I, point A, II, 1(b)(i) first, second and third indents Annex, point B, I, 2, second subparagraph Annex I, point A, II, 1(b)(ii) Annex, point B, I, 2, third subparagraph Note (*) Annex point B, II Annex I, point A, II, 2 Annex, Sieve Analysis Annex I, point B Annex, Apparatus, first, second and third indents Annex I, points B, I ,1, 2 and 3 Annex, Method Annex I, point B, II — Annex II — Annex III
Versions
Cited by
- Commission Implementing Regulation (EU) No 1422/2013 of 18 December 2013 publishing, for 2014, the agricultural product nomenclature for export refunds introduced by Regulation (EEC) No 3846/87 Regulation · Grade B
Products processed from cereals CN code Description of goods Product code ex1102 Cereal flours other than of wheat or meslin: ex110220 – Maize (corn) flour: ex11022010 – – Of a fat content not exceeding 1,5 % by weight: – – – 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 1102 20 10 9200 – – – 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 1102 20 10 9400 ex11022090 – – Other: – – – Of a fat content exceeding 1
- Commission Regulation (EU) No 1298/2009 of 18 December 2009 publishing, for 2010, the agricultural product nomenclature for export refunds introduced by Regulation (EEC) No 3846/87 Regulation · Grade B
Cereals and wheat or rye flour, groats or meal CN code Description of goods Product code 1001 Wheat and meslin: 10011000 Durum wheat: Seed 1001 10 00 9200 Other 1001 10 00 9400 ex100190 Other: Other spelt, common wheat and meslin: 10019091 Common wheat and meslin seed 1001 90 91 9000 10019099 Other 1001 90 99 9000 10020000 Rye 1002 00 00 9000 100300 Barley: 10030010 Seed 1003 00 10 9000 10030090 Other 1003 00 90 9000 10040000 Oats: Seed 1004 00 00 9200 Other 1004 00 00 9400 1005 Maize (corn): ex100510 Seed: 10051090 Other 1005 10 90 9000 10059000 Other 1005 90 00 9000 100700 Grain sorghum: 100
- Commission Implementing Regulation (EU) No 1334/2011 of 19 December 2011 publishing, for 2012, the agricultural product nomenclature for export refunds introduced by Regulation (EEC) No 3846/87 Regulation · Grade B
Cereals and wheat or rye flour, groats or meal CN code Description of goods Product code 1001 Wheat and meslin: Durum wheat: 10011100 Seed 1001 11 00 9000 10011900 Other 1001 19 00 9000 Other: ex100191 Seed: 10019120 Common wheat and meslin 1001 91 20 9000 10019190 Other 1001 91 90 9000 10019900 Other 1001 99 00 9000 1002 Rye: 10021000 Seed 1002 10 00 9000 10029000 Other 1002 90 00 9000 1003 Barley: 10031000 Seed 1003 10 00 9000 10039000 Other 1003 90 00 9000 1004 Oats: 10041000 Seed 1004 10 00 9000 10049000 Other 1004 90 00 9000 1005 Maize (corn): ex100510 Seed: 10051090 Other 1005 10 90 9000
- Commission Implementing Regulation (EU) No 1366/2014 of 19 December 2014 publishing, for 2015, the agricultural product nomenclature for export refunds introduced by Regulation (EEC) No 3846/87 (Text with EEA relevance) Regulation · Grade B
Cereals and wheat or rye flour, groats or meal CN code Description of goods Product code 1001 Wheat and meslin: – Durum wheat: 10011100 – – Seed 1001 11 00 9000 10011900 – – Other 1001 19 00 9000 – Other: ex100191 – – Seed: 10019120 – – – Common wheat and meslin 1001 91 20 9000 10019190 – – – Other 1001 91 90 9000 10019900 – – Other 1001 99 00 9000 1002 Rye: 10021000 – Seed 1002 10 00 9000 10029000 – Other 1002 90 00 9000 1003 Barley: 10031000 – Seed 1003 10 00 9000 10039000 – Other 1003 90 00 9000 1004 Oats: 10041000 – Seed 1004 10 00 9000 10049000 – Other 1004 90 00 9000 1005 Maize (corn): e
- Commission Regulation (EU) No 1260/2010 of 22 December 2010 publishing, for 2011, the agricultural product nomenclature for export refunds introduced by Regulation (EEC) No 3846/87 Regulation · Grade B
Cereals and wheat or rye flour, groats or meal CN code Description of goods Product code 1001 Wheat and meslin: 10011000 Durum wheat: Seed 1001 10 00 9200 Other 1001 10 00 9400 ex100190 Other: Other spelt, common wheat and meslin: 10019091 Common wheat and meslin seed 1001 90 91 9000 10019099 Other 1001 90 99 9000 10020000 Rye 1002 00 00 9000 100300 Barley: 10030010 Seed 1003 00 10 9000 10030090 Other 1003 00 90 9000 10040000 Oats: Seed 1004 00 00 9200 Other 1004 00 00 9400 1005 Maize (corn): ex100510 Seed: 10051090 Other 1005 10 90 9000 10059000 Other 1005 90 00 9000 100700 Grain sorghum: 100
- Commission Implementing Regulation (EU) No 1253/2012 of 17 December 2012 publishing, for 2013, the agricultural product nomenclature for export refunds introduced by Regulation (EEC) No 3846/87 Regulation · Grade B
Products processed from cereals CN code Description of goods Product code ex1102 Cereal flours other than of wheat or meslin: ex110220 – Maize (corn) flour: ex11022010 – – Of a fat content not exceeding 1,5 % by weight: – – – 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 1102 20 10 9200 – – – 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 1102 20 10 9400 ex11022090 – – Other: – – – Of a fat content exceeding 1