CELEX: 31985R3741
Language: en
Date: 1985-12-31 00:00:00
Title: Commission Regulation (EEC) No 3741/85 of 27 December 1985 fixing the export refunds on cereal-based compound feedingstuffs

No L 356/ 16                             Official Journal of the European Communities                               31 . 12. 85
                                      COMMISSION REGULATION (EEC) No 3741 /85
                                                       of 27 December 1985
                            fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         are being fixed, only the products normally used in the
                                                                    manufacture of compound feedingstuffs for which a
                                                                    refund may be fixed should be taken into account ;
 Having regard to the Treaty establishing the European
 Economic Community,
 Having regard to Council Regulation (EEC) No 2727/75               Whereas Commission Regulation (EEC) No 1913/69 of
of 29 October 1975 on the common organization of the                29 September 1969 on the granting and the advance
 market in cereals ('), as last amended by Regulation (EEC)         fixing of the export refund on cereal-based compound
 No 1018/84 (2), and in particular the fourth subparagraph          feedingstuffs (6), as last amended by Regulation (EEC) No
of Article 16 (2) thereof,                                          537/83 (J), provides that calculation of the export 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 during the month of
 Having regard to the opinion of the Monetary Committee,            exportation and on the levy applicable to maize ; whereas
                                                                    this calculation must also take account of the cereal
                                                                    products content ; whereas, therefore, in the interest of
Whereas Article 16 of Regulation           (EEC) No 2727/75         simplification, compound feedingstuffs should be placed
provides that the difference between       quotations or prices     in categories and the refund for each category should be
on the world market for the products       listed in Article 1 of   fixed on the basis of a quantity of maize which is repre­
that Regulation and prices for those       products within the      sentative of the usual cereal products content for the cate­
Community may be covered by an             export refund ;          gory concerned ; whereas, furthermore, the amount of the
                                                                    refund must also take into account the possibilities and
                                                                    conditions for the sale of those products on the world
Whereas Article 2 of Council Regulation (EEC) No                    market, the need to avoid disturbances on the Commu­
2746/75 of 29 October 1975 laying down general rules for            nity market and the economic aspect of the export ;
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 exis­
ting situation and the future trend with regard to prices
and availabilities of cereals on the Community market on            Whereas, however, in fixing the rate of refund it would
the one hand and prices for cereals and cereal products             seem advisable to base it at this time on the difference in
on the other ; whereas the same Article provides that it is         the cost of raw inputs widely used in compound feeding­
also important to ensure equilibrium and the natural                stuffs as between the Community and world markets, allo­
development of prices and trade on the cereal markets ;             wing more accurate account to be taken of the commer­
                                                                    cial 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 be
fixed at an amount which will cover the difference                  Whereas the world market situation or the specific requi­
between Community prices and world market prices ;                  rements of certain markets may make it necessary to vary
                                                                    the refund for compound feedingstuffs according to
                                                                    composition and destination ; whereas, for purposes of
Whereas Article 7 ( 1 ) of Council Regulation (EEC) No              varying the refund, the destination zones laid down in
2743/75 of 29 October 1975 on the system to be applied              Annex II to Commission Regulation (EEC) No 1124/77
to cereal-based compound feedingstuffs (4), as amended by           of 27 May 1977 redefining the destination zones for
Regulation (EEC) No 2560/77 (*), provides that, when                export refunds or levies and for certain export licences for
export refunds on cereal-based compound feedingstuffs               cereals and rice (8), as 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 .                              (6) OJ  No   L 246, 30. 9. 1969, p. 11 .
(3) OJ No  L 281 , 1 . 11 . 1975, p. 78 .                           O   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 .
0   OJ No  L 303,  28 . 11 . 1977, p. 1 .                            9  OJ  No   L 60, 28 . 2. 1985, p. 26.
 ---pagebreak--- 31 . 12 . 85                             Official Journal of the European Communities                           No L 356/ 17
Whereas, if the refund system is to operate normally,              Whereas the measures provided for in this Regulation are
refunds should be calculated on the following basis :              in accordance with the opinion of the Management
— in the case of currencies which are maintained in rela­          Committee for Cereals,
     tion to each other at any given moment within a band          HAS ADOPTED THIS REGULATION :
     of 2,25 % , a rate of exchange based on their central
     rate, multiplied by the corrective factor provided for in
     the last paragraph of Article 3 ( 1 ) of Regulation (EEC)                              Article 1
     No 1676/85 ('),
— for other currencies, an exchange rate based on the              The export refunds on the compound feedingstuffs
     arithmetic mean of the spot market rates of each of           covered by Regulation (EEC) No 2727/75 and subject to
     these currencies recorded for a given period in rela­         Regulation (EEC) No 2743/75 are hereby fixed as shown
     tion to the Community currencies referred to in the           in the Annex to this Regulation .
     previous indent, and the aforesaid coefficient ;
                                                                                            Article 2
Whereas the refund must be fixed once a month ;
whereas it may be altered in the intervening period ;              This Regulation shall enter into force on 1 January 1986 .
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 27 December 1985 .
                                                                            For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
(') OJ No L 164, 24. 6 . 1985, p. 1 .
 ---pagebreak---  No L 356/ 18                               Official Journal of the European Communities                                          31 . 12 . 85
                                                                   ANNEX
                      to the Commission Regulation of 27 December 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 %                                    4,89 0     5,25 00       -0
                        1010      —    Exceeding  10 % but not exceeding 20 %                                   9,79 (2)  10,49 0 0      —0
                       2010       —    Exceeding  20 % but not exceeding 30 %                                  19,58 (2)  20,98 (2)O     — (4)
                       3010       —    Exceeding  30 % but not exceeding 40 %                                  29,36 0    31,4800        — (4)
                       4010       —    Exceeding  40 % but not exceeding 50 %                                  39,15 0    41,97 0 (3)    —0
                       5010 ,     —    Exceeding  50 % but not exceeding 60 %                                  48,94 0    52,46 (2) (3)  — (4)
                       6010       —    Exceeding  60 % but not exceeding 70 %                                  58,73 0    62,95 (2) (})  — (4)
                       7010       —    Exceeding  70 %                                                         64,07 (2)  68,67 (2)0     — (4)
(') '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 /85.
(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 .
0 For export to other third countries.