31985R3035

No L 290/ 16 Official Journal of the European Communities 1 . 11 . 85

COMMISSION REGULATION (EEC) No 3035/85 of 28 October 1985 fixing the export refunds on cereal-based compound feedingstuffs

THE COMMISSION OF THE EUROPEAN normally used in the manufacture of compound COMMUNITIES, feedingstuffs for which a refund may be fixed should be taken into account ; Having regard to the Treaty establishing the European Economic Community, Whereas Commission Regulation (EEC) No 1913/69 of 29 September 1969 on the granting and the advance Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organiz­ fixing of the export refund on cereal-based compound ation of the market in cereals ('), as last amended by feedingstuffs (*), as last amended by Regulation (EEC) Regulation (EEC) No 1018/84 (2), and in particular the No 537/83 Q, provides that calculation of the export fourth subparagraph of Article 16 (2) thereof, refund must be based on the average of the refunds granted on the most commonly used basic cereals, adjusted on the basis of the threshold price in force Having regard to the opinion of the Monetary during the month of exportation and on the levy Committee, applicable to maize ; whereas this calculation must also take account of the cereal products content ; whereas, Whereas Article 16 of Regulation (EEC) No 2727/75 therefore, in the interest of simplification, compound provides that the difference between quotations or feedingstuffs should be placed in categories and the prices on the world market for the products listed in refund for each category should be fixed on the basis Article 1 of that Regulation and prices for those of a quantity of maize which is representative of the products within the Community may be covered by an usual cereal products content for the category export refund ; concerned ; whereas, furthermore, the amount of the refund must also take into account the possibilities and conditions for the sale of those products on the Whereas Article 2 of Council Regulation (EEC) No world market, the need to avoid disturbances on the 2746/75 of 29 October 1975 laying down general rules Community market and the economic aspect of the for granting export refunds on cereals and criteria for export ; fixing the amount of such refunds (3), 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 on the Commun­ Whereas, however, in fixing the rate of refund it would ity market on the one hand and prices for cereals and seem advisable to base it at this time on the difference cereal products on the other ; whereas the same Article in the cost of raw inputs widely used in compound provides that it is also important to ensure equilibrium feedingstuffs as between the Community and world and the natural development of prices and trade on markets, allowing more accurate account to be taken the cereal markets ; of the commercial conditions under which such products are exported ; Whereas it follows from applying these detailed rules to the present situation on the market in cereal-based compound feedingstuffs that the export refund should Whereas the world market situation or the specific be fixed at an amount which will cover the difference requirements of certain markets may make it necessary between Community prices and world market prices ; to vary the refund for compound feedingstuffs accord­ ing to composition and destination ; whereas, for Whereas Article 7 ( 1 ) of Council Regulation (EEC) No purposes of varying the refund, the destination zones 2743/75 of 29 October 1975 on the system to be laid down in Annex II to Commission Regulation applied to cereal-based compound feedingstuffs (4), as (EEC) No 1124/77 of 27 May 1977 redefining the destination zones for export refunds or levies and for amended by Regulation (EEC) No 2560/77 (*), provides that, when export refunds on cereal-based compound certain export licences for cereals and rice (8), as feedingstuffs are being fixed, only the products amended by Regulation (EEC) No 501 /85 (9), should be used :

(>) OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 107, 19 . 4. 1984, p. 1 . v («) OJ No L 246, 30 . 9 . 1969, p. 11 . O OJ No L 281 , 1 . 11 . 1975, p. 78 . 0 OJ No L 63, 9. 3. 1983, p. 10 . (4) OJ No L 281 , 1 . 11 . 1975, p. 60 . (8) OJ No L 134, 28 . 5. 1977, p. 53 . O OJ No L 303, 28 . 11 . 1977, p . 1 . O OJ No L 60, 28 . 2. 1985, p. 26.

1 . 11 . 85 Official Journal of the European Communities No L 290/ 17

t Whereas, if the refund system is to operate normally, Whereas the measures provided for in this Regulation refunds should be calculated on the following basis : are in accordance with the opinion of the Management Committee for Cereals, — in the case of currencies which are maintained in relation to each other at any given moment within HAS ADOPTED THIS REGULATION : a band of 2,25 % , a rate of exchange based on their central rate, multiplied by the coefficient provided for in Article 2b (2) of Regulation (EEC) Article 1 No 974/71 ('), as last amended by Regulation (EEC) No 855/84 (2), The export refunds on the compound feedingstuffs — for other currencies, an exchange rate based on the covered by Regulation (EEC) No 2727/75 and subject arithmetic mean of the spot market rates of each of to Regulation (EEC) No 2743/75 are hereby fixed as these currencies recorded for a given period in shown in the Annex to this Regulation. relation to the Community currencies referred to in the previous indent, and the aforesaid coeffi­ Article 2 cient ;

Whereas the refund must be fixed once a month ; This Regulation shall enter into force on 1 November 1985 . whereas it may be altered in the intervening period ;

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

Done at Brussels, 28 October 1985. For the Commission Frans ANDRIESSEN Vice-President

(') OJ No L 106, 12. 5 . 1971 , p. 1 . (2) OJ No L 90, 1 . 4. 1984, p. 1 .

No L 290/ 18 Official Journal of the European Communities 1 . 11 . 85

ANNEX

to the Commission Regulation of 28 October 1985 fixing the export refunds on cerealbased compound feedingstuffs

(ECU / tonne) 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 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 a cereal products (') content by weight : 0510 — Exceeding 5 % but not exceeding 10 % 4,52 (2) 5,05 0 (3) — (*) 1010 — Exceeding 10 % but not exceeding 20 % 9,03 (2) 10,10 (2)(3) —{") 2010 — Exceeding 20 % but not exceeding 30 % 1 8,06 (2) 20,20 (2)(3) — (4) 3010 — Exceeding 30 % but not exceeding 40 % 27,09 (2) 30,30 (2) (3) — (4) 4010 — Exceeding 40 % but not exceeding 50 % 36,12 (2) 40,40 0 (3) — (4) 5010 — Exceeding 50 % but not exceeding 60 % 45,16 (2) 50,50 (2) (3) — (4) 6010 — Exceeding 60 % but not exceeding 70 % 54,19 (2) 60,60 (2) (3) — 0 7010 — Exceeding 70 % 59,1 1 (2) 66,11 (2)(3) — 0 \

(') '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. (2) For exports to Zones A, B, C, D and E specified in Annex II to Regulation (EEC) No 1124/77, as last amended by Regulation (EEC) No 501 /65. (3) Minimum content of maize and/or sorghum exceeding : 0510 : 5 % ; 1010 : 10 % ; 2010 : 20 % ; 3010 : 30 % ; 4010 : 40 % ; 5010 : 50 % ; 6010 : 60 % ; 7010 : 60 % . In so far as this minimum is observed, these refunds shall, at the request of the party concerned, also apply where the cereal products' content exceeds the maximum specified on the same line. (4) For export to other third countries.