31985R3353

30 . 11 . 85 No L 321 / 15 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3353/85 of 29 November 1985 fixing the export refunds on cereal-based compound feedingstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES, are being fixed, only the products normally used in the manufacture of compound 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 Having regard to Council Regulation (EEC) No 2727/75 29 September 1969 on the granting and the advance of 29 October 1975 on the common organization of the fixing of the export refund on cereal-based compound market in cereals ('), as last amended by Regulation (EEC) feedingstuffs (*), as last amended by Regulation (EEC) No No 1018/84 (2), and in particular the fourth subparagraph 537/83 Q, provides that calculation of the export refund of Article 16 (2) thereof, 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 during the month of Having regard to the opinion of the Monetary Committee, exportation and on the levy applicable to maize ; whereas this calculation must also take account of the cereal products content ; whereas, therefore, in the interest of Whereas Article 16 of Regulation (EEC) No 2727/75 simplification, compound feedingstuffs should be placed provides that the difference between quotations or prices in categories and the refund for each category should be on the world market for the products listed in Article 1 of fixed on the basis of a quantity of maize which is repre­ that Regulation and prices for those products within the sentative of the usual cereal products content for the cate­ Community may be covered by an export refund ; gory 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 world Whereas Article 2 of Council Regulation (EEC) No market, the need to avoid disturbances on the Commu­ 2746/75 of 29 October 1975 laying down general rules for nity market and the economic aspect of the export ; granting export refunds on cereals and criteria for fixing the amount of such refunds (3), provides that when refunds are being fixed account must be taken of the exis­ ting situation and the future trend with regard to prices and availabilities of cereals on the Community market on Whereas, however, in fixing the rate of refund it would the one hand and prices for cereals and cereal products seem advisable to base it at this time on the difference in on the other ; whereas the same Article provides that it is the cost of raw inputs widely used in compound feeding­ also important to ensure equilibrium and the natural stuffs as between the Community and world markets, allo­ development of prices and trade on the cereal markets ; wing more accurate account to be taken of the commer­ cial 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 be fixed at an amount which will cover the difference Whereas the world market situation or the specific requi­ between Community prices and world market prices ; rements of certain markets may make it necessary to vary the refund for compound feedingstuffs according to composition and destination ; whereas, for purposes of varying the refund, the destination zones laid down in Whereas Article 7 ( 1 ) of Council Regulation (EEC) No Annex II to Commission Regulation (EEC) No 1124/77 2743/75 of 29 October 1975 on the system to be applied of 27 May 1977 redefining the destination zones for to cereal-based compound feedingstuffs (4), as amended by export refunds or levies and for certain export licences for Regulation (EEC) No 2560/77 (*), provides that, when cereals and rice (8), as amended by Regulation (EEC) No export refunds on cereal-based compound feedingstuffs 501 /85 (9), should be used ;

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . O OJ No L 107, 19 . 4. 1984, p. 1 . (6) OJ No L 246, 30. 9 . 1969 , p. 11 . O OJ No L 281 , 1 . 11 . 1975, p. 78 . O OJ No L 63, 9. 3 . 1983, p. 10. (<) OJ No L 281 , 1 . 11 . 1975, p. 60 . (8) OJ No L 134, 28 . 5. 1977, p. 53 . (4 OJ No L 303, 28 . 11 . 1977, p. 1 . ' OJ No L 60, 28 . 2. 1985, p. 26.

No L 321 / 16 Official Journal of the European Communities 30 . 11 . 85

Whereas, if the refund system is to operate normally, Whereas the measures provided for in this Regulation are refunds should be calculated on the following basis : in accordance with the opinion of the Management Committee for Cereals, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band HAS ADOPTED THIS REGULATION : of 2,25 % , a rate of exchange based on their central rate, multiplied by the coefficient provided for in Article 1 Article 2b (2) of Regulation (EEC) 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 to arithmetic mean of the spot market rates of each of Regulation (EEC) No 2743/75 are hereby fixed as shown these currencies recorded for a given period in rela­ in the Annex to this Regulation . tion to the Community currencies referred to in the previous indent, and the aforesaid coefficient ; Article 2 Whereas the refund must be fixed once a month ; This Regulation shall enter into force on 1 December 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, 29 November 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 .

30 . 11 . 85 Official Journal of the European Communities No L 321 / 17

ANNEX

to the Commission Regulation of 29 November 1985 fixing the export refunds on cereal­ based 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 % 4,73 0 4,84 00 - C) 1010 — Exceeding 10 % but not exceeding 20 % 9,47 0 9,69 00 — 0 2010 — Exceeding 20 % but not exceeding 30 % 18,94 0 19,3800 — 0 3010 — Exceeding 30 % but not exceeding 40 % 28,41 (2) 29,06 (2)O — (4) 4010 — Exceeding 40 % but not exceeding 50 % 37,88 0 38,75 0 (3) — (<) 5010 — Exceeding 50 % but not exceeding 60 % 47,34 (2) 48,44 (2)0 — 0 6010 — Exceeding 60 % but not exceeding 70 % 56,81 (2) 58,13 0 0 — 0 7010 — Exceeding 70 % 61,98 (2) 63,41 (2)0 — (4)

(') '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 /85 . (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 . 0 For export to other third countries .