31977R0899

No L 108 / 10 Official Journal of the European Communities 30 . 4. 77

COMMISSION REGULATION (EEC) No 899/77 of 29 April 1977 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 1913/69 Economic Community, of 29 September 1969 on the granting and the advance fixing of the export refund on cereal-based Having regard to Council Regulation (EEC) No compound feedingstuffs (5), as amended by Regulation (EEC) No 31 16/75 (6), provides that calculation of the 2727/75 of 29 October 1975 on the common organiza­ tion of the market in cereals ('), as last amended by export refund must be based on the levy applicable to maize ; whereas this calculation must also take Regulation (EEC) No 3138/76 (2), and in particular the fourth subparagraph of Article 16 (2) thereof, account of the cereal products content ; whereas, there­ fore, 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 inXo 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 Article 2 of Council Regulation (EEC) No Whereas the world market situation or the specific 2746/75 of 29 October 1975 laying down general requirements of certain markets may make it neces­ rules for granting export refunds on cereals and sary to vary the refund for compound feedingstuffs criteria for fixing the amount of such refunds (3), according to destination ; 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 Whereas, if the refund system is to operate normally, on the Community market on the one hand and refunds should be calculated on the following basis : prices for cereals and cereal products on the other ; whereas the same Article provides that it is also impor­ — in the case of currencies which are maintained in tant to ensure equilibrium and the natural develop­ relation to each other, at any given moment, ment of prices and trade on the cereal markets ; within a band of 2-25 % , a rate of exchange based on their effective parity ; Whereas it follows from applying rules and criteria to — for other currencies an exchange rate based on the the present situation on the market in cereal-based arithmetic mean of the spot market rates of each compound feedingstuffs that the export refund should of these currencies recorded for a given period, in be fixed at an amount which will cover the difference relation to the Community currencies referred to between Community prices and world market prices ; in the previous subparagraph ;

Whereas Article 7 ( 1 ) of Council Regulation (EEC) No Whereas the refund must be fixed once a month ; 2743 / 75 of 29 October 1975 on the system to be whereas it may be altered in the intervening period ; applied to cereal-based compound feedingstuffs (4), 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 354, 24. 12. 1976, p . 1 . (3) OJ No L 281 , 1 . 11 . 1975, p . 78 . (5) OJ No L 246, 30 . 9 . 1969, p. 11 . (4 ) OJ No L 281 , 1 . 11 . 1975, p . 60 . (') OJ No L 309, 29 . 11 . 1975, p . 64.

30 . 4. 77 Official Journal of the European Communities No L 108 / 11

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 covered by Regulation (EEC) No 2727/75 and subject This Regulation shall enter into force on 1 May 1977.

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

Done at Brussels, 29 April 1977.

For the Commission Finn GUNDELACH Vice-President

ANNEX

to the Commission Regulation of 29 April 1977 fixing the export refunds on cereal-based compound feedingstuffs

(u.aJtonne

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 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% 5-20 4010 — Exceeding 15 % but not exceeding 30 % 1300 5010 — Exceeding 30 % but not exceeding 50 % 23-39 6010 — Exceeding 50 % but not exceeding 65 % 3119 7010 — Exceeding 65 % 38-98

(') '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 Tarif.