31973R2971

1 . 11 . 73 Official Journal of the European Communities No L 303/35

REGULATION (EEC) No 2971/73 OF THE COMMISSION of 26 October 1973 fixing the export refunds on cereal-based compound feedingstuffs

THE COMMISSION OF THE EUROPEAN amended by Regulation (EEC) No 2196/69 (s), pro­ COMMUNITIES, vides that, when export refunds on cereal-based com­ pound feedingstuffs are being fixed, only the pro­ ducts normally used in the manufacture of com > Having regard to the Treaty establishing the Euro­ pound feedingstuffs for which a refund may be fixed pean Community ; should be taken into account ;

Having regard to Council Regulation No 120/67/ Whereas Commission Regulation (EEC) No EEC (') of 13 June 1967 on the common organiza­ 1913/69 (6) of 29 September 1969 on the granting tion of the market in cereals, as last amended by the and the advance fixing of the export refund OP Regulation (EEC) No 1346/73 ( 2), and in particular cereal-based compound feedingstuffs provides that the first sentence of the fourth subparagraph of calculation of the export refund must be based on the Article 16 (2) thereof ; levy applicable to maize ; whereas this calculation must also take account of the cereal products con­ tent ; whereas, therefore, in the interest of simplifica­ Having regard to the Opinion of the Monetary tion, compound feedingstuffs should be placed in Committee ; categories and the refund for each category should be fixed on the basis of a quantity of maize which is Whereas Article 16 of Regulation No 120/67/EEC representative of the usual cereal products content provides that the difference between quotations or for the category concerned ; whereas, furthermore, prices on the world market for the products listed in the amount of the refund may also take into ac­ count the situation on the market in cereal products Article 1 of that Regulation and prices for those pro­ ducts within the Community may be covered by an other than maize ; export refund ; Whereas the world market situation or the specific Whereas Article 2 of Council Regulation No 139/67/ requirements of certain markets may make it neces­ ( EEC) (3 ) of 21 June 1967 laying down general rules sary to vary the refund for compound feedingstuffs for granting export refunds on cereals and criteria according to destination ; . for fixing the amount of such refunds provides that when refunds are being fixed account must be taken Whereas, if the refund system is to operate normally, of the existing situation and the future trend with refunds should be calculated on the following basis : regard to prices and availabilities of cereals on the Community market on the one hand and prices for — in the case of currencies which are maintained in cereals and cereal products on the other ; whereas relation to each other, at any , given moment, the same Article provides that it is also important to within a band of 2*25 °/o, a rate of exchange ensure equilibrium and the natural development of based on their effective parity ; prices and trade on the cereal markets ; — for other currencies an exchange rate based on Whereas it follows from applying rules and criteria the arithmetic mean of the spot market rates to the present situation on the market in cereal­ of each of these currencies recorded for a given period , in relation to the Community currencies based .compound feedingstuffs that the export re­ fund should be fixed at an amount which will cover referred to in the previous subparagraph ; the difference between Community prices and world market prices ; Whereas the refund must be fixed .once a month ; whereas it may be altered in the intervening period ; Whereas Article 7 ( 1 ) of Council Regulation ( EEC) No 968/68 (4) of 15 July 1968 on the system to be Whereas the measures provided for in this Regula­ applied to cereal-based compound feedingstuffs, as tion arc in accordance with the Opinion of the Management Committee for Cereals ;

(') OJ No 117, 19. 6. 1967, p . 2269/67. (*) OJ No L 141 , 28 . 5 . 1973 , p. 8 . (s) OJ No 125, 26. 6 . 1967, p . 2453/67. (5 ) OJ No L 279, 6 . 11 . 1969, p. 1 . (4 ) OJ No L 166, 17. 7. 1968, p . 2 . H O J No I. 246, 30. 9 . 1969, p . 11 .

No L 303/36 Official Journal of the European Communities 1 . 11 . 73

HAS ADOPTED THIS REGULATION : to Regulation (EEC) No 968/68 are hereby fixed as shown in the Annex to this Regulation .

Article1¶

The export refunds on the compound feedingstuffs This Regulation shall enter into force on 1 Novem­ covered by Regulation No 120/67/EEC and subject ber 1973 .

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 26 October 1973 . For the Commission

P.J. LARDINOIS

Member of the Commission

ANNEX

Special Refund in CCT heading No specification Nomenclature in simplified wording u. a. / 100 kç for refund ( thir^ roiintrtet)

23.07 R 1 Preparations of a kind used in anima , feeding, covered by Regulation ( EEC) No 968/68 , containing starch , glucose or glucose syrup falling within subheadings Nos 17.02 B and 17.05 B or milk products ( falling within headings Nos 04.01 , 04.02 , 04.03 and 04.04 and subheadings 17.02 A and 17.05 A ): of a milk powder (') content of less than 50 % by weight and of cereal products ( 2) content by weight : 3010 — Exceeding 5 °/o but nor exceeding 15 % 0 4010 — Exceeding 15% but nor exceeding 30% 0 .5010 — Exceeding 30 % but not exceeding 50% 0 6010 — Exceeding 50 % but not exceeding 65 % 0 7010 — Exceeding 65 % 0

(') If the preparation of a kind used in animal feeding contains skimmed - milk powder falling within subheading No 04.02 A 11 b) of the Common Customs Tariff, the amounts fixed in the Annex to Regulation ( IT.O No 757/71 in its version now in forcc are charged at the importation (•) ' Cereal products' means the products falling within Chapter 10 and headings Nos 11.01 and 11.02 (excluding subheading No 11.02 G ) of the Common Customs Tariff .