31975R3098

29 . 11 . 75 Official Journal of the European Communities No L 309 /21

REGULATION (EEC) No 3098 /75 OF THE COMMISSION of 28 November 1975 fixing the export refunds on cereal-based compound feedingstuffs

THE COMMISSION OF THE EUROPEAN compound feedingstuffs for which a refund may be COMMUNITIES, fixed should be taken into account ;

Having regard to the Treaty establishing the European Whereas Commission Regulation (EEC) No Economic Community ; 1913/69 (4) of 29 September 1969 on the granting and the advance fixing of the export refund on cereal­ based compound feedingstuffs, as amended by Regula­ Having regard to Council Regulation (EEC) No tion (EEC) No 31 16/75 (5), provides that calculation of 2727/75 ( ! ) of 29 October 1975 on the common organ­ the export refund must be based on the levy appli­ ization of the market in cereals, and in particular the cable to maize ; whereas this calculation must also first sentence of the fourth subparagraph of Article 16 take account of the cereal products content ; whereas, (2) thereof ; therefore, in the interest of simplification, compound feedingstuffs should be placed in categories and the Having regard to the Opinion of the Monetary refund for each category should be fixed on the basis Committee ; of a quantity of maize which is representative of the usual cereal products content for the category concerned ; whereas, futhermore, the amount of the Whereas Article 16 of Regulation (EEC) No 2727/75 refund must also take into account the possibilities provides that the difference between quotations or and conditions for the sale of those products on the prices on the world market for the products listed in world market, the need to avoid disturbances on the Article 1 of that Regulation and prices for those Community market and the economic aspect of the products within the Community may be covered by export ; an export refund ;

Whereas the world market situation or the specific Whereas Article 2 of Council Regulation ( EEC) No requirements of certain markets may make it neces­ 2746/75 (2) of 29 October 1975 laying down general sary to vary the refund for compound feedingstuffs rules for granting export refunds on cereals and according to destination ; criteria for fixing the amount of such refunds, provides that when refunds are being fixed account must be taken of the existing situation and the future Whereas, if the refund system is to operate normally, trend with regard to prices and availabilities of cereals refunds should be calculated on the following basis : on the Community market on the one hand and prices for cereals and cereal products on the other ; — in the case of currencies which are maintained in whereas the same Article provides that it is also impor­ relation to each other, at any given moment, tant /to ensure equilibrium and the natural develop­ within a band of 2-25 % , a rate of exchange based ment of prices 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 be fixed at an amount which will cover the difference relation to the Community currencies referred to 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 ; 2743/75 (3) of 29 October 1975 on the system to be whereas it may be altered in the intervening period ; applied to cereal-based compound feedingstuffs, provides that, when export refunds on cereal-based compound feedingstuffs are being fixed, only the Whereas the measures provided for in this Regulation products normally used in the manufacture of are in accordance with the Opinion of the Manage­ ment Committee for Cereals, (>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 281 , 1 . 11 . 1975, p. 78 . (4) OJ No L 246, 30 . 9 . 1969, p. 11 . (3) OJ No L 281 , 1 . 11 . 1975, p. 60 . (5 ) See page 64 of this Official Journal .

No L 309/22 Official Journal of the European Communities 29 . 11 . 75

HAS ADOPTED THIS REGULATION : to Regulation (EEC) No 2743/75 are hereby fixed as shown in the Annex to this Regulation. Article 1 Article 2 The export refunds on the compound feedingstuffs This Regulation shall enter into force on 1 December covered by Regulation (EEC) No 2727/75 and subject 1975 .

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

Done at Brussels, 28 November 1975 .

For the Commission

P.J. LARDINOIS

Member of the Commission

ANNEX

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

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 17.05 B or milk products (falling within heading 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 (*) content by weight : 3010 — — Exceeding 5 % but not exceeding 15 %> 4010 — Exceeding 15 %> but not exceeding 30 °/o 5010 — Exceeding 30 °/o but not exceeding 50 °/o 6010 — Exceeding 50 °/o but not exceeding 65 °/o 7010 — Exceeding 65 °/o

(') ' 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.