( 1 ) OJ No L 281 , 1 . 11 . 1975 , p . 60 .
( 2 ) OJ No L 303 , 28 . 11 . 1977 , p . 1 .
( 3 ) OJ No L 281 , 1 . 11 . 1975 , p . 1 .
( 4 ) OJ No L 359 , 31 . 12 . 1974 , p . 1 .
( 5 ) OJ No L 170 , 27 . 6 . 1978 , p . 1 .
COMMISSION REGULATION ( EEC ) No 1787/79
of 10 August 1979
laying down the conditions for the increase in the variable component of the levy to be applied to cereal-based compound animal feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 2743/75 of 29 October 1975 on the system to be applied to cereal-based compound feedingstuffs ( 1 ) , as amended by Regulation ( EEC ) No 2560/77 ( 2 ) , and in particular Article 5 thereof ,
Whereas Article 14 ( 1 ) ( A ) ( a ) and ( b ) of Council Regulation ( EEC ) No 2727/75 ( 3 ) provides that the variable component of the levy on processed products manufactured from basic products of the common organization of the market in cereals may be increased , where such processed products also incorporate other products , by the incidence on their cost price of the levies or customs duties charged on such other products ;
Whereas Article 5 of Regulation ( EEC ) No 2743/75 laying down the rules for applying in particular Article 14 of Regulation ( EEC ) No 2727/75 specifies that the conditions under which the variable component of the levy may be increased by the amount referred to in Article 14 ( 1 ) ( A ) ( b ) of Regulation ( EEC ) No 2727/75 in the case of a cereal-based compound feedingstuff containing substantial quantities of products not covered by the organizations of the markets in cereals , rice and milk products shall be adopted by the Commission in accordance with the Management Committee procedure ;
Whereas , in view of the substantial growth of compound feedingstuffs incorporating products not covered by the abovementioned market organizations and their growing imports into the Community , it is appropriate to lay down the conditions mentioned in Article 5 of Regulation ( EEC ) No 2743/75 ; whereas this applies in particular in the case of sweetened forage preparations and other feedingstuffs of subheading 23.07 B of the Common Customs Tariff containing substantial quantities of sucrose ;
Whereas , for the purpose of determining when the non-cereal , rice or sugar content of a compound feedingstuff is substantial , it is appropriate to take into account the specific features of the other products incorporated and the effect of their incorporation on the production cost of the compound feedingstuff ; whereas in the case of sucrose a content of 10 % already represents an appreciable effect on the production cost ;
Whereas , using this level as a starting-point , the content in a compound feedingstuff of sucrose covered by Council Regulation ( EEC ) No 3330/74 of 19 December 1974 on the common organization of the market in sugar ( 4 ) , as last amended by Regulation ( EEC ) No 1396/78 ( 5 ) , may be taken into account on a standard basis through the use of appropriate coefficients ;
Whereas , therefore , the amount of the increase in the variable component of the levy on compound feedingstuffs containing at least 10 % sucrose must be obtained by multiplying the levy applicable to the latter product in accordance with Article 15 ( 5 ) of Regulation ( EEC ) No 3330/74 by the abovementioned standard coefficient ;
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set by its chairman ,
For the purposes of applying Article 5 of Regulation ( EEC ) No 2743/75 , a cereal-based compound feedingstuff shall be considered as containing substantial quantities of products not covered by Regulations ( EEC ) No 2727/75 , ( EEC ) No 1418/76 or ( EEC ) No 804/68 , when the content of such products in that compound feedingstuff , in the case of sucrose , is at least 10 % .
The amount of the increase in the variable component of the levy on the compound feedingstuff mentioned in Article 1 shall be calculated by multiplying the levy per tonne of sucrose applicable to the products referred to in Article 1 ( 1 ) ( d ) of Regulation ( EEC ) No 3330/74 in accordance with Article 15 ( 5 ) thereof by the relevant coefficient specified in Article 3 .
The sucrose content of the compound feedingstuff shall be determined on a standard basis by the use of the following coefficients :
_ a coefficient of 0 * 20 for an actual content of between 10 and 30 % ,
_ a coefficient of 0 * 40 for an actual content of between 30 and 50 % ,
_ a coefficient of 0 * 65 for an actual content greater than 50 % .
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member States .