CELEX: 31968R0968
Language: en
Date: 1968-07-15 00:00:00
Title: Regulation (EEC) No 968/68 of the Council of 15 July 1968 on the system to be applied to cereal-based compound feeding-stuffs

244                                 Official Journal of the European Communities
No L 166/2                          Official Journal of the European Communities                               17.7.68
                                REGULATION (EEC) No 968/68 OF THE COUNCIL
                                                   of 15 July 1968
                     on the system to be applied to cereal-based compound feeding-stuffs
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                     used in the manufacture of compound feeding-stuffs ;
                                                               whereas, consequently, the levies applicable to them
                                                               should be used in calculating the standard amounts
 Having regard to the Treaty establishing the                  comprising the variable component;
 European Economic Community;
                                                               Whereas the fixed component of the levy should be
 Having regard to Council Regulation No 120/67/                so calculated as to ensure protection of the proces­
 EEC1 on the common organisation of the market in              sing industry ; whereas that component should be
 cereals, and in particular Article 14 (3 ) and Article        calculated on the basis of the most representative
 16 (5 ) thereof;                                              processing costs ;
 Having regard to the proposal from the Commis­
 sion ;                                                        Whereas the provisions of Article 16 of Regulation
                                                               No 120/67/EEC provide for the granting of an export
Whereas the forage preparations covered by heading             refund on products listed in Annex A to that Regula­
No 23.07 of the Common Customs Tariff fall within              tion ; whereas this refund is intended in particular
 the scope either of Regulation No 120/67/EEC or               to offset the difference between the prices for basic
 of Council Regulation (EEC) No 804/682 of 27 June             products within the Community and on the world
 1968 on the common organisation of the market in              market; whereas general rules for the granting of this
milk and milk products, depending on their composi­            refund should be laid down ;
tion; whereas for products governed by the first of
 these Regulations the levy to be charged consists of          Whereas the refund should as a general rule be that
 a fixed component and a variable component which              which is applicable on the day when the transaction
may be calculated by taking account also of ingredi­           is effected ; whereas, however, in view of the re­
ents of forage preparations containing products                quirements of the international market in compound
not governed by Regulation No 120/67/EEC, by                   feeding-stuffs provision should be made for fixing the
Council Regulation No 359/67/EEC3 of 25 July 1967              refund in advance ;
on the common organisation of the market in rice
or by Regulation (EEC) No 804/68 ;                             Whereas Article 23 (4) of Regulation No 120/67/EEC
                                                              provides, in trade in compound feeding-stuffs for
Whereas the variable component of the levy must be             which the levy is calculated on the basis of maize,
fixed on the basis of the most generally used ingredi­        for the introduction of a system aimed at lowering
ents of feeding-stuffs, namely cereals and milk prod­          prices for the products imported into Italy, on con­
ucts ; whereas it follows that this variable ' Com­            dition that such products may not enter other Mem­
ponent should consist of two standard amounts, one            ber States without payment of a charge which offsets
representing each of these categories of products ;           the price reduction ; whereas in order to avoid disturb­
whereas the calculation of the standard amount rep­           ances on the market in compound feeding-stuffs
resenting milk products should take account of the             this system must be effectively applied to them if
levies fixed in accordance with the provisions laid            Italy has recourse to it for the basic product;
down in Regulation (EEC) No 804/68 and in the
Regulations adopted in application thereof;                   HAS ADOPTED THIS REGULATION :
Whereas maize and skimmed milk powder (spray
process ) are among the raw materials most commonly                                    Article 1
                                                               1 . The import levies and export refunds for prod­
                                                               ucts falling within subheading No 23.07 B of the
1 OJ No 117, 19.6.1967, p. 2269/67.                            Common Customs Tariff and mentioned in Annex A
2 OJ No L 148 , 28.6.1968 , p. 13 .
3 OJ No 174, 31.7.1967, p. 1 .                                 to Regulation No 120/67/EEC (hereinafter called
 ---pagebreak---                                    Official Journal of the European Communities                                  245
'cereal-based compound feeding-stuffs' shall be fixed                                  Article 5
per 100 kilogrammes in accordance with the pro­
visions of this Regulation.                                   If a cereal-based compound feeding-stuff contains
                                                              substantial quantities of products which are not
2. The cereal-based compound feeding-stuffs shall             covered by Regulations Nos 120/67/EEC, 359/67/ EEC
be as shown in the sub-headings of the Common                 or (EEC) 804/68, the conditions under which the
Customs Tariff listed in Annex I.                             variable component may be increased by the amount
                                                              specified in Article 14 ( 1 ) A (b) of Regulation No
                                                              120/67/EEC shall be adopted in accordance with
                         TITLE I                              the procedure laid down in Article 26 of that Regu­
                                                              lation .
                         Levies
                                                                                       Article 6
                                                               The fixed component shall be 0-90 units of account.
                        Article 2
The levy applicable to cereal-based compound
feeding-stuffs listed in Annex I shall be composed of                                  TITLE II
a variable component and a fixed component.
                                                                                       Refunds
                        Article 3
For the calculation of the variable component, the
                                                                                       Article 7
cereal-based compound feeding-stuffs shall be classi­
fied in Annex II as follows :
                                                              1 . The export refund shall be fixed taking into ac­
— in Table A according to their starch content;               count only certain products used in the manufacture
                                                              of compound feeding-stuffs for which an export re­
— in Table B according to their milk products con­            fund may be fixed.
     tent .
                                                              2. Where the world market situation or the special
                        Article 4                             requirements of certain markets make it necessary,
1 . The variable component shall be equal to the              the refund may be varied according to destination.
sum of the two following amounts :
                                                              3 . The refund shall be paid when proof has been
( a) a first amount equal to the average of the levies        furnished that the products in question have been
     for 100 kilogrammes of maize, adjusted by the            exported outside the Community.
     coefficient corresponding to the cereal-based com­
     pound feeding-stuff in question, as set out in           Where paragraph 2 applies, the refund shall be paid
     column 3 of Table A of Annex II ;                        in accordance with the preceding subparagraph and
                                                              on condition that proof is furnished that the prod­
(b) a second amount equal to the average of the lev­         uct has reached the destination for which the re­
     ies applicable to 100 kilogrammes of the pilot           fund was fixed .
     product of Group 2, defined in Annex I to Coun­
     cil Regulation (EEC) No 823/681 of 28 June 1968          Derogations from this rule may nevertheless be made,
     determining the grouping of products and the             in accordance with the procedure referred to in para
     special provisions for the calculation of levies on     graph 5, provided conditions are laid down which
     milk and milk products (hereinafter called 'milk         offer equivalent guarantees.
     powder'), adjusted by the coefficient correspond­
     ing to the cereal-based compound feeding-stuff           4. Refunds shall be fixed once monthly.
     in question, as set out in column 3 of Table B
     of Annex II.
                                                              5 . Additional provisions may be adopted in accord­
                                                              ance with the procedure laid down in Article 26
2. The averages for maize and milk powder men­                of Regulation No 120/67/EEC.
tioned in paragraph 1 shall be calculated for the
first twenty-five days of the month preceding the
month of importation: Each average shall be ad­                                        Article 8
justed where necessary on the basis of the threshold
price ruling in the month of importation.                      1 . The refund shall be fixed in advance, at the re­
                                                              quest of the party concerned at the time when the
                                                              application for an export licence is submitted, for a
                                                              transaction to be completed during the period of
1 OJ No L 151 , 30.6.1968 , p. 3 .                            validity of the licence.
 ---pagebreak--- 246                                Official Journal of the European Communities
2 . The amount of the refund shall be that which is                                 Article 10
applicable on the day on which the application for a
licence is submitted, adjusted where necessary on the        The milk products content of cereal-based feeding­
                                                             stuffs shall be determined for the calculation of the
basis of the threshold prices for maize and for milk
powder ruling in the month of exportation. A cor­            levy by applying the coefficient 2 to the lactose
rective amount shall be fixed for the latter product         content of 100 kilogrammes of the product in ques­
in order to take account of the amount of aid granted        tion. It may be determined by the same method for
                                                             the calculation of the refund .
in the month of exportation for milk powder inten­
ded for feeding-stuffs.
                                                                                    Article 11
3 . The adjustment mentioned in paragraph 2 shall            Where the starch or lactose content has to be deter­
be effected in accordance with the detailed rules            mined in application of this Regulation , analytical
adopted under Article 16 (6) of Regulation No                methods shall be established, for starch in accordance
120/ 67/EEC .
                                                              with the procedure laid down in Article 26 of Regu­
                                                             lation No 120/67/EEC, and for lactose in accordance
                                                             with the procedure laid down in Article 30 of Regu­
                                                             lation (EEC) No 804/68 .
                        TITLE III
                                                                                    Article 12
                   General provisions                        For the calculation of the amount mentioned in
                                                             paragraph 1 (b) of Article 4 to be included in the
                                                             levy applicable until 31 August 1968 , the levy for
                        Article 9
                                                             milk powder used shall be that which is applicable
1 . If Italy has recourse to Article 23 (2) of Regula­       on 29 July 1968 .
tion No 120/67/EEC :
                                                                                    Article 13
— it shall levy a charge on exports to other Member
    States of cereal-based compound feeding-stuffs ;          Council Regulation No 194/67/EEC1 of 27 June
                                                             1967 on the system to be applied to cereal-based
— and grant a subsidy on deliveries of such products         compound feeding-stuffs is hereby repealed .
    from other Member States .
                                                                                    Article 14
2. The above-mentioned charge and subsidy shall be
determined in accordance with the procedure laid             This Regulation shall enter into force on 29 July
down in Article 26 of Regulation No 120/67/EEC.               1968 .
              This Regulation shall be binding in its entirety and directly applicable , in all Member
              States .
              Done at Brussels , 15 July 1968 .
                                                                                     For the Council
                                                                                      The President
                                                                                        G. SEDATI
                                                             1 OJ No 133 , 29.6.1967, p. 2813/67.
 ---pagebreak---                   Official Journal of the European Communities                                 247
                                          ANNEX I
       CCT
     heading                                      Description of goods
       No
      23.07            Sweetened forage ; other preparations of a kind used in animal
                       feeding ;
                       ex B. Other, containing (separately or together and whether or
                              not mixed with other products) starch, glucose or glucose
                              syrup falling within sub-headings Nos 17.02 B and 17.05 B
                              and milk products falling within headings or sub-headings
                              Nos 04.01 , 04.02 , 04.03 , 04.04, 17.02 A , 17.05 A
                               I. Containing starch, glucose or glucose syrup with a content
                                  by weight of starch of :
                                  (a) 10% or less :
                                       1 . Containing no milk products or containing less
                                            than 10% by weight of such products
                                       2. Containing i0% or more but less than 50% by
                                            weight of milk products
                                       3
                                       4
                                  ( b) More than 10% but not more than 30% :
                                       1 . Containing no milk products or containing less than
                                            10% by weight of such products
                                       2 . Containing 10% or more but less than 50% by
                                            weight of milk products
                                       3.
                                  (c) More than 30% :
                                       1 . Containing no milk products or containing less than
                                            10% by weight of such products
                                       2. Containing 10% or more but less than 50% by
                                            weight of milk products
                                       3
                              II
                                          ANNEX 11
                                          TABLE A
    Heading No
      used in                            Starch content                            Coefficient
     Annex I
         1                                     2                                       3
23.07 B I (a) 1   10% or less                                                        0-16
23.07 B I (a) 2
23.07 B I (b) 1   More than 10% but not more than 30%                                0-50
23.07 B I ( b ) 2
23.07 B I (c) 1   More than 30%                                                      1-00
23.07 B I (c) 2
 ---pagebreak--- 248                  Official Journal of the European Communities
                                           TABLE B
        Heading No
          used in                     Mille products content      Coefficient
         Annex I
             1                                , 2                     3
    23.07 B I (a) 1  Less than 10%                                  0-00
    23.07 B I ( b) 1
    23.07 B I (c) 1
    23.07 B I (a) 2  10% or more but less than 50%                  0-50
    23.07 B I (b) 2
    23.07 B I (c) 2                 «