CELEX: 31985R3035
Language: en
Date: 1985-11-01 00:00:00
Title: Commission Regulation (EEC) No 3035/85 of 28 October 1985 fixing the export refunds on cereal-based compound feedingstuffs

No L 290/ 16                            Official Journal of the European Communities                               1 . 11 . 85
                                    COMMISSION REGULATION (EEC) No 3035/85
                                                       of 28 October 1985
                        fixing the export refunds on cereal-based compound feedingstuffs
 THE COMMISSION OF THE EUROPEAN                                      normally used in the manufacture of compound
  COMMUNITIES,                                                       feedingstuffs for which a refund may be fixed should
                                                                     be taken into account ;
  Having regard to the Treaty establishing the European
  Economic Community,
                                                                     Whereas Commission Regulation (EEC) No 1913/69
 Having regard to Council Regulation (EEC) No                        of 29 September 1969 on the granting and the advance
 2727/75 of 29 October 1975 on the common organiz­                   fixing of the export refund on cereal-based compound
 ation of the market in cereals ('), as last amended by              feedingstuffs (*), as last amended by Regulation (EEC)
 Regulation (EEC) No 1018/84 (2), and in particular the              No 537/83 Q, provides that calculation of the export
 fourth subparagraph of Article 16 (2) thereof,                      refund must be based on the average of the refunds
                                                                    granted on the most commonly used basic cereals,
                                                                     adjusted on the basis of the threshold price in force
 Having regard to the opinion of the Monetary                        during the month of exportation and on the levy
 Committee,
                                                                     applicable to maize ; whereas this calculation must also
                                                                     take account of the cereal products content ; whereas,
 Whereas Article 16 of Regulation (EEC) No 2727/75                   therefore, in the interest of simplification, compound
 provides that the difference between quotations or                  feedingstuffs should be placed in categories and the
 prices on the world market for the products listed in               refund for each category should be fixed on the basis
 Article 1 of that Regulation and prices for those                   of a quantity of maize which is representative of the
 products within the Community may be covered by an                 usual cereal products content for the category
 export refund ;                                                     concerned ; whereas, furthermore, the amount of the
                                                                     refund must also take into account the possibilities
Whereas Article 2 of Council Regulation (EEC) No                    and conditions for the sale of those products on the
                                                                    world market, the need to avoid disturbances on the
 2746/75 of 29 October 1975 laying down general rules
 for granting export refunds on cereals and criteria for             Community market and the economic aspect of the
                                                                    export ;
 fixing the amount of such refunds (3), provides that
when refunds are being fixed account must be taken of
 the existing situation and the future trend with regard
 to prices and availabilities of cereals on the Commun­             Whereas, however, in fixing the rate of refund it would
 ity market on the one hand and prices for cereals and              seem advisable to base it at this time on the difference
cereal products on the other ; whereas the same Article             in the cost of raw inputs widely used in compound
provides that it is also important to ensure equilibrium            feedingstuffs as between the Community and world
and the natural development of prices and trade on                  markets, allowing more accurate account to be taken
the cereal markets ;                                                of the commercial conditions under which such
                                                                    products are exported ;
Whereas it follows from applying these detailed rules
to the present situation on the market in cereal-based
compound feedingstuffs that the export refund should                Whereas the world market situation or the specific
be fixed at an amount which will cover the difference               requirements of certain markets may make it necessary
between Community prices and world market prices ;                  to vary the refund for compound feedingstuffs accord­
                                                                    ing to composition and destination ; whereas, for
Whereas Article 7 ( 1 ) of Council Regulation (EEC) No              purposes of varying the refund, the destination zones
2743/75 of 29 October 1975 on the system to be                      laid down in Annex II to Commission Regulation
applied to cereal-based compound feedingstuffs (4), as              (EEC) No 1124/77 of 27 May 1977 redefining the
amended by Regulation (EEC) No 2560/77 (*), provides                destination zones for export refunds or levies and for
that, when export refunds on cereal-based compound                  certain export licences for cereals and rice (8), as
feedingstuffs are being fixed, only the products                    amended by Regulation (EEC) No 501 /85 (9), should
                                                                    be used :
(>) OJ  No  L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ  No  L 107,  19 . 4. 1984, p. 1 . v                          («) OJ  No  L 246, 30 . 9 . 1969, p. 11 .
O   OJ  No  L 281 , 1 . 11 . 1975, p. 78 .                          0   OJ  No  L 63, 9. 3. 1983, p. 10 .
(4) OJ  No  L 281 , 1 . 11 . 1975, p. 60 .                          (8) OJ  No  L 134, 28 . 5. 1977, p. 53 .
O   OJ  No  L 303,  28 . 11 . 1977, p . 1 .                         O   OJ  No  L 60, 28 . 2. 1985, p. 26.
 ---pagebreak---    1 . 11 . 85                           Official Journal of the European Communities                       No L 290/ 17
t Whereas, if the refund system is to operate normally,            Whereas the measures provided for in this Regulation
  refunds should be calculated on the following basis :            are in accordance with the opinion of the Management
  — in the case of currencies which are maintained in              Committee for Cereals,
       relation to each other at any given moment within           HAS ADOPTED THIS REGULATION :
       a band of 2,25 % , a rate of exchange based on
       their central rate, multiplied by the coefficient
       provided for in Article 2b (2) of Regulation (EEC)
       No 974/71 ('), as last amended by Regulation (EEC)                                 Article 1
       No 855/84 (2),
                                                                   The export refunds on the compound feedingstuffs
  — for other currencies, an exchange rate based on the            covered by Regulation (EEC) No 2727/75 and subject
       arithmetic mean of the spot market rates of each of         to Regulation (EEC) No 2743/75 are hereby fixed as
       these currencies recorded for a given period in             shown in the Annex to this Regulation.
       relation to the Community currencies referred to
       in the previous indent, and the aforesaid coeffi­
       cient ;                                                                            Article 2
  Whereas the refund must be fixed once a month ;                  This Regulation shall enter into force on 1 November
  whereas it may be altered in the intervening period ;            1985.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 28 October 1985.
                                                                            For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
  (') OJ No L 106, 12. 5 . 1971 , p. 1 .
  (2) OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak---  No L 290/ 18                            Official Journal of the European Communities                                        1 . 11 . 85
                                                                ANNEX
                 to the Commission Regulation of 28 October 1985 fixing the export refunds on cereal-
                                                   based compound feedingstuffs
                                                                                                                          (ECU/ tonne)
       CCT            Special
      heading      specification                    Nomenclature in simplified wording                             Refund
        No          for refund
 23.07 B I                       Preparations of a kind used in animal feeding, covered by Regulation
                                 (EEC) No 2743/75, containing starch, glucose or glucose syrup
                                 falling within subheadings 17.02 B and 21.07 F II or milk products
                                 (falling within heading Nos 04.01 , 04.02, 04.03 and 04.04 and
                                 subheadings 17.02 A and 21.07 F I):
                                 Of a milk powder content of less than 50 % by weight and of a
                                 cereal products (') content by weight :
                      0510       — Exceeding 5 % but not exceeding 10 %                                   4,52 (2)  5,05 0 (3)     — (*)
                       1010      — Exceeding 10 % but not exceeding 20 %                                  9,03 (2) 10,10 (2)(3)    —{")
                      2010       — Exceeding 20 % but not exceeding 30 %                                1 8,06 (2) 20,20 (2)(3)    — (4)
                      3010       — Exceeding 30 % but not exceeding 40 %                                27,09 (2)  30,30 (2) (3)   — (4)
                      4010       — Exceeding 40 % but not exceeding 50 %                                36,12 (2)  40,40 0 (3)     — (4)
                      5010       — Exceeding 50 % but not exceeding 60 %                                45,16 (2)  50,50 (2) (3)   — (4)
                      6010       — Exceeding 60 % but not exceeding 70 %                                54,19 (2)  60,60 (2) (3)   —0
\                     7010       — Exceeding 70 %                                                       59,1 1 (2) 66,11 (2)(3)   —0
(') 'Cereal products means the products falling within Chapter 10 and heading Nos 11.01 and 11.02 (excluding subheading 11.02
    G) of the Common Customs Tariff.
(2) For exports to Zones A, B, C, D and E specified in Annex II to Regulation (EEC) No 1124/77, as last amended by Regulation
    (EEC) No 501 /65.
(3) Minimum content of maize and/or sorghum exceeding : 0510 : 5 % ; 1010 : 10 % ; 2010 : 20 % ; 3010 : 30 % ; 4010 : 40 % ;
    5010 : 50 % ; 6010 : 60 % ; 7010 : 60 % .
     In so far as this minimum is observed, these refunds shall, at the request of the party concerned, also apply where the cereal
     products' content exceeds the maximum specified on the same line.
(4) For export to other third countries.