31985R1872

No L 175/24 Official Journal of the European Communities 5 . 7 . 85

COMMISSION REGULATION (EEC) No 1872/85

of 4 July 1985

on the adjustment of certain export refunds fixed in advance in the cereals sector

THE COMMISSION OF THE EUROPEAN of the system of import and export licences and COMMUNITIES, advance fixing certificates for agricultural products (*) ;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Having regard to the Treaty establishing the European Committee for Cereals, Economic Community,

HAS ADOPTED THIS REGULATION : Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organi­ Article 1 zation of the market in cereals ('), as last amended by Regulation (EEC) No 1018 /84 (2), and in particular Article 16 thereof, 1 . In respect of the products referred to in Article 1 (a), (b) and (c) of Regulation (EEC) No 2727/75, export refunds fixed in advance : Having regard to Council Regulation (EEC) No — between 21 June and 30 June 1985 in the case of 2746/75 of 29 October 1975 laying down general rules durum wheat and durum wheat groats and meal, for granting export refunds on cereals and criteria for — between 21 June and 31 July 1985 in the case of fixing the amount of such refunds (3), and in particular other cereals and cereal products, Articles 4 and 5 thereof, shall be adjusted in accordance with paragraph 2 upon application by exporters, where completion of the customs export formalities will take place after 30 Whereas, in respect of certain products in the cereals sector, the rate of refund valid on the date on which June 1985 or 31 July 1985 respectively. an application for an export licence is lodged, adjusted 2. Export refunds shall be increased by the in line with the threshold price in effect during the difference as expressed in ECU per tonne between the month in which the products are exported, is to apply threshold price applying in the last month of the to exports carried out during the period of validity of 1984/85 marketing year and the threshold price that licence upon application by the exporter, to be applying in the first month of the 1985/86 marketing lodged at the same time as the application for the year. licence ; 3 . Applications under paragraph 1 shall be submitted only by the holders of the export licences Whereas certain advance-fixing certificates applied for concerned to the Member State which has issued them before the end of the 1984/85 marketing year may be and before customs export formalities in respect of the used during the 1985/86 marketing year ; quantities concerned have been completed.

The said Membe State shall enter the adjustment to be applied in box 18 of the relevant export licence and Whereas, in view of the special circumstances place its stamp thereon . currently obtaining, appropriate arrangements should be introduced to allow an adjustment of refunds upon The Member States shall inform the Commission application by the exporter before customs export immediately of the quantities of products covered by formalities are completed, and derogations should be applications made under paragraph 1 . made from Commission Regulation (EEC) No 2042/75 of 25 July 1975 on special detailed rules for Article 2 the application of the system of import and export licences for cereals and rice (4) and from Commission This Regulation shall enter into force on the day of its Regulation (EEC) No 3183/80 of 3 December 1980 publication in the Official Journal of the European laying down common detailed rules for the application Communities.

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . It shall apply with effect from 21 June 1985. 0 OJ No L 107, 19 . 4. 1984, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . (4) OJ No L 213, 11 . 8 . 1975, p. 5. 0 OJ No L 338 , 13 . 12. 1980, p. 1 .

5 . 7 . 85 No L 175/25 Official Journal of the European Communities

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

Done at Brussels, 4 July 1985.

For the Commission Frans ANDRIESSEN Vice-President