CELEX: 31985R0859
Language: en
Date: 1985-03-30 00:00:00
Title: Commission Regulation (EEC) No 859/85 of 29 March 1985 fixing the export refunds on cereal-based compound feedingstuffs

30 . 3 . 85                             Official Journal of the European Communities                          No L 91 /85
                                   COMMISSION REGULATION (EEC) No 859/85
                                                      of 29 March 1985
                       fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN                                    feedingstuffs for which a refund may be fixed should
COMMUNITIES,                                                      be taken into account ;
Having regard to the Treaty establishing the European
Economic Community,                                               Whereas Commission Regulation (EEC) No 1913/69
                                                                  of 29 September 1969 on the granting and the advance
Having regard to Council Regulation (EEC) No                      fixing of the export refund on cereal-based compound
2727/75 of 29 October 1975 on the common organiz­                 feedingstuffs (*), as last amended by Regulation (EEC)
ation of the market in cereals ('), as last amended by            No 537/83 Q, provides that calculation of the export
Regulation (EEC) No 101 8/84 (2), and in particular the           refund must be based on the average of the refunds
fourth subparagraph of Article 16 (2) thereof,                    granted on the most commonly used basic cereals,
                                                                  adjusted on the basis of the threshold price in force
                                                                  during the month of exportation and on the levy
Having regard to the opinion of the Monetary                      applicable to maize ; whereas this calculation must also
Committee,                                                        take account of the cereal products content ; whereas,
                                                                  therefore, in the interest of simplification, compound
Whereas Article 16 of Regulation (EEC) No 2727/75                 feedingstuffs should be placed in categories and the
provides that the difference between quotations or                refund for each category should be fixed on the basis
prices on the world market for the products listed in             of a quantity of maize which is representative of the
Article 1 of that Regulation and prices for those                 usual cereal products content for the category
products within the Community may be covered by an                concerned ; whereas, furthermore, the amount of the
export refund ;                                                   refund must also take into account the possibilities
                                                                  and conditions for the sale of those products on the
Whereas Article 2 of Council Regulation (EEC) No                  world market, the need to avoid disturbances on the
2746/75 of 29 October 1975 laying down general rules              Community market and the economic aspect of the
for granting export refunds on cereals and criteria for           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
ity market on the one hand and prices for cereals and
                                                                  Whereas, however, in fixing the rate of refund it would
cereal products on the other ; whereas the same Article           seem advisable to base it at this time on the difference
provides that it is also important to ensure equilibrium
and the natural development of prices and trade on                in the cost of raw inputs widely used in compound
the cereal markets ;
                                                                  feedingstuffs as between the Community and world
                                                                  markets, allowing more accurate account to be taken
                                                                  of the commercial conditions under which such
Whereas it follows from applying these detailed rules             products are exported ;
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
between Community prices and world market prices ;                requirements of certain markets may make it necessary
                                                                  to vary the refund for compound feedingstuffs accord­
Whereas Article 7 ( 1 ) of Council Regulation (EEC) No             ing to composition and destination ; whereas, for
2743/75 of 29 October 1975 on the system to be                     purposes of varying the refund, the destination zones
applied to cereal-based compound feedingstuffs (4), as             laid down in Annex II to Commission Regulation
amended by Regulation (EEC) No 2560/77 (*), provides              (EEC) No 1124/77 of 27 May 1977 redefining the
that, when export refunds on cereal-based compound                 destination zones for export refunds or levies and for
feedingstuffs are being fixed, only the products                   certain export licences for cereals and rice (8), as
normally used in the manufacture of compound                       amended by Regulation (EEC) No 3634/83 (9), should
                                                                   be used :
(') OJ   No L 281 , 1 . 11 . 1975, p. 1 .
(2) OJ   No L 107,  19 . 4. 1984, p. 1 .                           O   OJ No  L 246, 30 .   9 . 1969, p. 11 .
(3) 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 .
0   OJ   No L 303,  28 . 11 . 1977, p. 1 .                         0   OJ No  L 360 , 23 .  12. 1983, p. 21 .
 ---pagebreak--- No L " 91 /86                       Official Journal of the European Communities                           30 . 3 . 85
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),
— 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
     these currencies recorded for a given period in          to Regulation (EEC) No 2743/75 are hereby fixed as
     relation to the Community currencies referred to         shown in the Annex to this Regulation.
     in the previous indent, and the aforesaid coeffi­
     cient ;
                                                                                      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 April 1985.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 29 March 1985.
                                                                        For the Commission
                                                                         Frans ANDRIESSEN
                                                                            Vice-President
 (') OJ No L 106, 12. 5. 1971 , p. 1 .
 (A OJ No L 90, 1 . 4. 1984, p. 1 .
 ---pagebreak---  30. 3 . 85                              Official Journal of the European Communities                                 No L 91 /87
                                                                ANNEX
                 to the Commission Regulation of 29 March 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 %                                  . 1,75 0  3,59 00     -0
                       1010      — Exceeding 10 % but not exceeding 20 %                                   3,50 0  7,18 00     —0
                       2010      — Exceeding 20 % but not exceeding 30 %                                   7,01 0 14,37 (2)(3) —0
                       3010      — Exceeding 30 % but not exceeding 40 %                                10,51 (2) 21,55 00     —0
                      4010       — Exceeding 40 % but not exceeding 50 %                                14,02 (2) 28,74 0 0    —0
                       5010      — Exceeding 50 % but not exceeding 60 %                                17,52 (2) 35,92 (2)(3) — (4)
                      6010       — Exceeding 60 % but not exceeding 70 %                                21,03 (2) 43,10 (2)O   —0
                      7010       — Exceeding 70 %                                                       22,94 (2) 47,02 0 0    —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 /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.
(4) For export to other third countries.