31974R1044

1 . 5 . 74 Official Journal of the European Communities No L 119 /29

REGULATION (EEC) No 1044/74 OF THE COMMISSION of 30 April 1974 fixing the export refunds on cereal-based compound feedingstuffs

THE COMMISSION OF THE EUROPEAN when export refunds on cereal-based compound COMMUNITIES, feedingstuffs are being fixed, only the products normally used in the manufacture of compound feedingstuffs for which a refund may be fixed should Having regard to the Treaty establishing the European be taken into account ; . Economic Community ;

Having regard to Council Regulation No 120/ Whereas Commission Regulation (EEC) No 67/EEC ( 1) of 13 June 1967 on the common organiza­ 1913/69 (6) of 29 September 1969 on the granting and tion of the market in cereals, as last amended by Regu­ the advance fixing of the export refund on cereal­ lation (EEC) No 1346/73 (2), and in particular the first based compound feedingstuffs provides that calcula­ sentence of the fourth subparagraph of Article 16 (2) tion of the export refund must be based on the levy thereof ; applicable to maize ; whereas this calculation must also take account of the cereal products content ; whereas, therefore, in the interest of simplification, Having regard to the Opinion of the Monetary compound feedingstuffs should be placed in catego­ Committee ; ries and the refund for each category should be fixed on the basis of a quantity of maize which is representa­ tive of the usual cereal products content for the cate­ Whereas Article 16 of Regulation No 120/67/EEC provides that the difference between quotations or gory concerned ; whereas, furthermore, the amount of prices on the world market for the products listed in the refund may also take into account the situation on Article 1 of that Regulation and prices for those the market in cereal products other than maize ; products within the Community may be covered by an export refund ; Whereas the world market situation or the specific requirements of certain markets may make it neces­ Whereas Article 2 of Council Regulation No 139/ sary to vary the refund for compound feedingstuffs 67/EEC (3) of 21 June 1967 laying down general rules according to destination ; for granting export refunds on cereals and criteria for fixing the amount of such refunds provides that when refunds are being fixed account must be taken of the Whereas, if the refund system is to operate normally, existing situation and the future trend with regard to refunds should be calculated on the following basis : prices and availabilities of cereals on the Community market on the one hand and prices for cereals and cereal products on the other ; whereas the same — in the case of currencies which are maintained in Article provides that it is also important to ensure relation to each other, at any given moment, equilibrium and the natural development of prices within a band of 2-25 % , a rate of exchange based and trade on the cereal markets ; on their effective parity ;

— for other currencies an exchange rate based on the Whereas it follows from applying rules and criteria to arithmetic mean of the spot market rates of each the present situation on the market in cereal-based of these currencies recorded for a given period, in compound feedingstuffs that the export refund should relation to the Community currencies referred to be fixed at an amount which will cover the difference in the previous subparagraph ; between Community prices and world market prices ;

Whereas Article 7 ( 1 ) of Council Regulation (EEC) No Whereas the refund must be fixed once a month ; 968 /68 (4) of 15 July 1968 on the system to be applied whereas it may be altered in the intervening period ; to cereal-based compound feedingstuffs, as amended by Regulation (EEC) No 2196/69 (5), provides that, Whereas the measures provided for in this Regulation (') OJ No 117, 19 . 6 . 1967, p. 2269/67. are in accordance with the Opinion of the Manage­ (2) OJ No L 141 , 28 . 5. 1973, p. 8 . ment Committee for Cereals, 0 OJ No 125, 26. 6. 1967, p. 2453/67. (<) OJ No L 166, 17. 7. 1968 , p. 2. (5) OJ No L 279, 6. 11 . 1969, p. 1 . (6) OJ No L 246, 30 . 9 . 1969, p. 11 .

No L 119 /30 Official Journal of the European Communities . 5 . 74

HAS ADOPTED THIS REGULATION : Regulation (EEC) No 968 /68 are hereby fixed as shown in the Annex to this Regulation . Article 1 Article 2 The export refunds on the compound feedingstuffs covered by Regulation No 120/67/EEC and subject to This Regulation shall enter into force on 1 May 1974.

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

Done at Brussels, 30 April 1974. For the Commission P.J. LARDINOIS Member of the Commission

ANNEX

CCT heading Special Refund in No specification Nomenclature in simplified wording u.a./100 k| for refund (third countries)

23.07 B I Preparation's of a kind used in animal feeding, covered by Regulation (EEC ) No 968/68, containing starch, glucose or glucose syrup falling within subheading Nos 17.02 B and 17.05 B or milk ■ products ( falling within heading Nos 04.01 , 04.02, 04.03 and 04.04 and subheading Nos 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 % but not exceeding 15 °/o 0 4010 — Exceeding 15 °/o but not exceeding 30 °/o 0 5010 — Exceeding 30 % but not exceeding 50 % 0 6010 — Exceeding 50 % but not exceeding 65 °/o 0 7010 — Exceeding 65 °/o 0

(l) If the preparation of a kind used in animal feeding contains skimmed-milk powder falling within subheading No 04.02 A II b) 1 of the Common Customs Tariff , the amounts fixed in the Annex to Regulation (EEC / No 757/71 in its version now in force are charged at the importation . (*) ' Cereal products ' means the products falling within Chapter 10 and heading Nos 11.01 and 11.02 (excluding subheading No 11.02 G) of the Common Customs Tariff .