CELEX: 31986R0433
Language: en
Date: 1986-02-27 00:00:00
Title: Commission Regulation (EEC) No 433/86 of 26 February 1986 fixing certain export refunds on cereals

No L 49/28                                Official Journal of the European Communities                                 27. 2. 86
                                       COMMISSION REGULATION (EEC) No 433/86
                                                       of 26 February 1986
                                           fixing certain export refunds on cereals
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         with the procedure laid down in Article 11 of Commis­
                                                                    sion Regulation (EEC) No 2042/75 (*) ; whereas those
Having regard to the Treaty establishing the European               applications have been approved, and the export licences
Economic Community,                                                 issued following the approval qualify for the refund fixed
                                                                    in advance up to 31 July 1986 ;
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the                Whereas the conditions obtaining on the world market
market in cereals ('), as last amended by Regulation (EEC)          have changed considerably since that date as a result of
No 3768/85 (2), and in particular the fourth subparagraph           strong American competition on certain traditional
of Article 16 (2) thereof,                                          Community markets ; whereas that competition has
                                                                    resulted in a very sharp fall in world prices, which are
Having regard to the opinion of the Monetary Committee,             traditionally dominated by the United States ;
Whereas Article 16 of Regulation (EEC) No 2727/75                   Whereas Article 34 of the Third ACP-EEC Convention
provides that the difference between quotations or prices           provides that the Commission will undertake to ensure
on the world market for the products listed in Article 1 of         that refunds can be fixed further in advance for exports to
that Regulation and prices for those products in the                the ACP States in respect of a range of products available
Community may be covered by an export refund ;                      in the Community and required by those States ; whereas
                                                                    that provision is dictated by the idea of preferential agree­
Whereas Article 2 of Council Regulation (EEC) No                    ments between the Community and the ACP States with
2746/75 of 29 October 1975 laying down general rules for            a view to ensuring their food security ;
granting export refunds on cereals and criteria for fixing
the amount of such refunds (3), provides that when
refunds are being fixed, account must be taken of the               Whereas the present situation on the world market leads
existing situation and the future trend with regard to              the Commission to fix high refunds for common wheat,
prices and availabilities of cereals on the Community               and the ACP States which secured supplies at the begin­
market on the one hand, and prices for cereals and cereal           ning of the marketing year at a fixed price for a whole
products on the world market on the other ; whereas the             year are not eligible for such refunds in view of the rules
same Article provides that it is also important to ensure           for the advance fixing of refunds ;
equilibrium and the natural development of prices and
trade on cereal markets and, furthermore, to take into              Whereas such a refund can only apply to licences in­
account the economic aspect of the proposed exports and             volving advance fixing of the refund with special validity
the need to avoid disturbances on the Community                     greater than normal and in respect of the supply of
market ;                                                            certain ACP countries ;
Whereas Article 3 of Regulation (EEC) No 2746/75
defines the specific criteria to be taken into account when         Whereas this increase of the refund shall benefit only the
the refund on cereals is being calculated ;                         import countries ;
Whereas the world market situation or the specific                  Whereas the Management Committee for Cereals has not
requirements of certain markets may make it necessary to            delivered an opinion within the time-limit set by its
vary the refund for certain products according to destina­          chairman,
tion ;
Whereas Commission Regulation (EEC) No 2214/85 (4)
fixed from 2 August 1985 a different refund of 42 ECU
per tonne for common wheat for exports to Zone V a)                 HAS ADOPTED THIS REGULATION :
countries as defined in Annex I to Commission Regula­
tion (EEC) No 1124/77 0 ;
                                                                                              Article 1
Whereas during this period applications for export
licences for common wheat were lodged in accordance
                                                                     1 . The refund fixed in advance for export licences,
0 OJ    No L 281 , 1 . 11 . 1975, p. 1 .                            applications for which were lodged between 2 August and
0 OJ    No L 362,  31 . 12. 1985, p. 8 .                            8 August 1985 with advance fixing of the refund for
(3), OJ No L 281 , 1 . 11 . 1975, p. 78 .
(«) OJ  No L 204,  2. 8 . 1985, p. 38 .
0 OJ    No L 134,  28 . 5. 1977, p. 53 .                                OJ No L 213, 11 . 8 . 1975, p. 5.
 ---pagebreak--- 27. 2. 86                          Official Journal of the European Communities                           No L 49/29
common wheat to be exported to Zone V a) countries as         indents of Article 22 ( 1 ) (b) of Commission Regulation
defined in Annex I to Regulation (EEC) No 1124/77 and         (EEC) No 3183/80 (') have been completed as from 7
issued in accordance with the procedure laid down in          February. .1986.
Article 11 of Regulation (EEC) No 2042/75 shall be
increased by 20 ECU per tonne.                                                         Article 2
2. The increase in the refund referred to in paragraph 1      This Regulation shall enter into force on the day of its
shall apply only to quantities in respect of which the        publication in the Official Journal of the European
customs formalities referred to in the first and fourth       Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 26 February 1986.
                                                                       For the Commission
                                                                        Frans ANDRIESSEN
                                                                           Vice-President
                                                              (') OJ No L 338, 13. 12. 1980, p. 1 .