31985R3438

6 . 12. 85 Official Journal of the European Communities No L 326/33

COMMISSION REGULATION (EEC) No 3438 /85 of 5 December 1985 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN Whereas the world market situation or the specific COMMUNITIES, requirements of certain markets may make it necessary to vary the refund for certain products according to destina­ tion ; Having regard to the Treaty establishing the European Economic Community, Whereas the refund must be fixed once a month ; whereas it may be altered in the intervening period ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the Whereas, if the refund system is to operate normally, market in cereals ('), as last amended by Regulation (EEC) refunds should be calculated on the following basis : No 1018/84 (2), and in particular the fourth subparagraph of Article 16 (2), — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central Having regard to the opinion of the Monetary Committee, rate, multiplied by the coefficient provided for in Article 2b (2) of Regulation (EEC) No 974/71 (*% as Whereas Article 16 of Regulation (EEC) No 2727/75 last amended by Regulation (EEC) No 855/84 (7), provides that the difference between quotations or prices — for other currencies, an exchange rate based on the on the world market for the products listed in Article 1 of arithmetic mean of the spot market rates of each of that Regulation and prices for those products in the these currencies recorded over a given period in rela­ Community may be covered by an export refund ; tion to the Community currencies referred to in the previous indent and the aforesaid coefficient ; Whereas Article 2 of Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for Whereas it follows from applying the detailed rules set granting export refunds on cereals and criteria for fixing out above to the present situation on the market in the amount of such refunds (3), provides that when cereals, and in particular to quotations or prices for these refunds are being fixed, account must be taken of the products within the Community and on the world existing situation and the future trend with regard to market, that the refunds should be as set out in the prices and availabilities of cereals on the Community Annex hereto ; market on the one hand, and prices for cereals and cereal products on the world market on the other ; whereas the Whereas the measures provided for in this Regulation are same Article provides that it is also important to ensure in accordance with the opinion of the Management equilibrium and the natural development of prices and Committee for Cereals, trade on cereal markets and, furthermore, to take into account the economic aspect of the proposed exports and the need to avoid disturbances on the Community market ; HAS ADOPTED THIS REGULATION : Whereas Article 3 of Regulation (EEC) No 2746/75 defines the specific criteria to be taken into account when the refund on cereals is being calculated ; Article 1

Whereas these specific criteria are defined, as far as wheat The export refunds on the products listed in Article 1 (a), and rye flour, groats and meal are concerned, in Article 4 (b) and (c) of Regulation (EEC) No 2727/75, exported in of Regulation (EEC) No 2746/75 ; whereas furthermore, the natural state, shall be as set out in the Annex hereto. when the refund on these products is being calculated, account must be taken of the quantities of cereals required for their manufacture ; whereas these quantities were fixed in Regulation No 162/67/EEC (4), as amended Article 2 by Regulation (EEC) No 1 607/71 (^ ; This Regulation shall enter into force on 6 December (') OJ No L 281 , 1 . 11 . 1975, p. 1 . 1985 . (2) OJ No L 107, 19 . 4. 1984, p. 1 . 3) OJ No L 281 , 1 . 11 . 1975, p. 78 . (4) OJ No 128 , . 27. 6 . 1967, p. 2574/67. (6) OJ No L 106, 12. 5. 1971 , p. 1 . 0 OJ No L 168 , 27. 7. 1971 , p. 16. 0 OJ No L 90, 1 . 4. 1984, p . 1 .

No L 326/34 6 . 12 . 85 Official Journal of the European Communities

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

Done at Brussels, 5 December 1985 . For the Commission Frans ANDRIESSEN Vice-President

6 . 12. 85 No L 326/35 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 5 December 1985 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

(ECU / tonne) OCT heading Description Refund No

10.01 B I Common wheat and meslin for exports to : — Switzerland, Austria and Liechtenstein 56,00 — zone II b) and the Iberian Peninsula 63,00 — other third countries 20,00

10.01 B II Durum wheat for exports to : — Switzerland, Austria and Liechtenstein 50,00 — other third countries 60,00

10.02 Rye for exports to : — Switzerland, Austria and Liechtenstein 72,00 — other third countries 82,00

10.03 Barley for exports to : — Switzerland, Austria and Liechtenstein 76,00 — zone II b) 83,00 — — Japan — other third countries 20,00

10.04 Oats for exports to :

— — Switzerland, Austria and Liechtenstein — other third countries —

10.05 B — Maize, other than hybrid maize for sowing

10.07 B Millet —

10.07 C — Grain sorghum

ex 1 1 .0 1 A Wheat flour : — of an ash content of 0 to 520 93,00 — of an ash content of 521 to 600 93,00 — of an ash content of 601 to 900 82,00 — of an ash content of 901 to 1 100 76,00 I

— of an ash content of 1 101 to 1 650 70,00 — of an ash content of 1 651 to 1 900 63,00

No L 326/36 Official Journal of the European Communities 6 . 12 . 85

(ECU / tonne) CCT heading Description Refund No

ex 11.01 B Rye flour : — of an ash content of 0 to 700 93,00 — of an ash content of 701 to 1 150 93,00 — of an ash content of 1 151 to 1 600 93,00 — of an ash content of 1 601 to 2 000 93,00

1 1 .02 A I a) Durum wheat groats and meal : — of an ash content of 0 to 1 300 (') 247,00 — of an ash content of 0 to 1 300 (2) 234,00 — of an ash content of 0 to 1 300 209,00 — of an ash content of more than 1 300 x 197,00 11.02 A lb) Common wheat groats and meal : — of an ash content of 0 to 520 93,00

(') Meal of which less than 10 % by weight is capable of passing through a sieve of 0,250 mm mesh . (2) Meal of which less than 10 % by weight is capable of passing through a sieve of 0,160 mm mesh . N.B. The zones are those defined in Regulation (EEC) No 1124/77 (OJ No L 134, 28 . 5. 1977), as last amended by Regulation (EEC) No 501 /85 (OJ No L 60, 28 . 2. 1985).