31978R0640

1 . 4. 78 No L 86/ 14 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 640/78 of 31 March 1978 fixing the export refunds on cereal-based compound feedingstuffs

THE COMMISSION OF THE EUROPEAN feedingstuffs for which a refund may be fixed should COMMUNITIES, 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 2727/75 of 29 October 1975 on the common organiza­ (EEC) No 31 16/75 (6), provides that calculation of the tion of the market in cereals ('), as last amended by export refund must be based on the levy applicable to Regulation (EEC) No 2560/77 (2), and in particular the maize ; whereas this calculation must also take 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 Whereas Article 16 of Regulation (EEC) No 2727/75 concerned ; whereas, futhermore, the amount of the provides that the difference between quotations or refund must also take into account the possibilities prices on the world market for the products listed in and conditions for the sale of those products on the Article 1 of that Regulation and prices for those world market, the need to avoid disturbances on the products within the Community may be covered by Community market and the economic aspect of the an export refund ; export ;

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 ment of prices and trade on the cereal markets ; relation to each other at any given moment within a band of 2-25 % , a rate of exchange based on their effective parity ; Whereas it follows from applying rules and criteria to the present situation on the market in cereal-based — for other currencies, an exchange rate based on the compound feedingstuffs that the export refund should arithmetic mean of the spot market rates of each be fixed at an amount which will cover the difference of these currencies recorded for a given period in between Community prices and world market prices ; relation to the Community currencies referred to in the previous subparagraph ; Whereas Article 7 ( 1 ) of Council Regulation (EEC) No 2743/75 of 29 October 1975 on the system to be Whereas the refund must be fixed once a month ; applied to cereal-based compound feedingstuffs (4), as whereas it may be altered in the intervening period ; amended by Regulation (EEC) No 2560/77, provides that, when export refunds on cereal-based compound feedingstuffs are being fixed, only the products Whereas the measures provided for in this Regulation normally used in the manufacture of compound 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 303, 28 . 11 . 1977, 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. (6) OJ No L 309, 29 . 11 . 1975, p. 64.

1 . 4 . 78 Official Journal of the European Communities No L 86/ 15

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 April covered by Regulation (EEC) No 2727/75 and subject 1978 .

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

Done at Brussels, 31 March 1978 .

For the Commission

Finn GUNDELACH Vice-President

ANNEX

to the Commission Regulation of 31 March 1978 fixing the export refunds on cereal-based compound feedingstuffs

(u.a./tonne)

CCT Special - Nomenclature in simplified wording Refund heading specification 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 21.07 F II or milk products (falling within heading Nos 04.01 , 04.02, 04.03 and 04.04 and subheadings 17.02 A and 21.07 F I): of a milk powder content of less than 50 % by weight and of cereal products ( J ) content by weight : 3010 — Exceeding 5 % but not exceeding 1 5 % 7.18 4010 17.95 — Exceeding 1 5 % but not exceeding 30 % 5010 — Exceeding 30 % but not exceeding 50 % 32-31 6010 43-07 — Exceeding 50 % but not exceeding 65 % 7010 — Exceeding 65 % 53-84

l ) '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.