31986R0316

14. 2 . 86 Official Journal of the European Communities No L 39/ 17

COMMISSION REGULATION (EEC) No 316/86 of 13 February 1986 fixing the export refunds on baled tobacco from the 1985 harvest

THE COMMISSION OF THE EUROPEAN COMMUNITIES, be differentiated according to the form in which the baled tobacco is presented ; whereas for exports of entirely threshed (stripped) tobacco it should be specified that the Having regard to the Treaty establishing the European refund is to be granted only on the strips, not scraps, and Economic Community, the amount should be increased accordingly to take account of the results of threshing ; whereas, to avoid any risk of confusion, the strips must measure at least 0,5 centimetres ; Having regard to Council Regulation (EEC) No 727/70 of 21 April 1970 on the common organization of the market in raw tobacco ('), as last amended by Regulation (EEC) Whereas the trade in threshed (stripped) tobacco involves No 3768/85 (2), and in particular the second subparagraph only a few tobacco varieties ; whereas some oriental varie­ of Article 9 ( 1 ) and the first sentence of the third subpara­ ties in particular are not threshed on account of their graph of Article 9 (2) thereof, small leaf size ; whereas the refund should therefore be differentiated only for strips from varieties which are actu­ ally threshed and the differentiated amount worked out Whereas under Article 9 of Regulation (EEC) No 727/70 by applying to the basic amount set for unthreshed the difference between world prices and Community tobacco of the particular variety the coeffiient set in the prices for the products referred to in Article 1 of the said Annex to Commission Regulation (EEC) No 410/76 of 23 Regulation may be covered by an export refund ; February 1976, fixing the maximum permissible weight losses in connection with the supervision of the first processing and market preparation of tobacco (4), as last Whereas under Council Regulation (EEC) No 326/71 of amended by Regulation (EEC) No 886/85 (*) ; 15 February 1971 laying down general rules for granting export refunds on raw tobacco and fixing the amount of Whereas, to apply the rules and criteria referred to above such refunds (3) the granting of refunds must be limited to in the present situation on the market in tobacco, and in baled tobacco produced from leaf tobacco harvested in particular in the light of Community and world prices, a the Community ; whereas the refunds must be fixed for refund should be fixed for the products listed in the each variety produced in the Community in the light of Annex, at the levels and for the countries specified the factors referred to in Article 2 ( 1 ) of Regulation (EEC) therein ; No 326/71 :

Whereas the measures provided for in this Regulation are Whereas for some varieties the outlets are very limited or in accordance with the opinion of the Management involve high transport costs ; whereas, moreover, some Committee for Tobacco, third countries exporting tobacco charge prices which have a marked effect on the competitive position of Community tobacco ; whereas Article 4 of Regulation (EEC) No 326/71 foresees criteria to be taken into account in the assessment of the exceptional cases HAS ADOPTED THIS REGULATION : referred to in the second subparagraph of Article 9 ( 1 ) of Regulation (EEC) No 727/70 ; whereas in view of the abovementioned situation it may be concluded that these circumstances constitute exceptional cases which there­ Article 1 fore justify the refund being fixed outside the limits speci­ fied in the second subparagraph of Article 9 ( 1 ) of Regula­ tion (EEC) No 727/70 ; The list of varieties of baled tobacco from the 1985 harvest on which the export refund referred to in Article 9 of Regulation (EEC) No 727/70 is to be granted, the Whereas, as a result of progress in processing and market amount of the refund and the countries of destination preparation, an increasingly large part of Community shall be as specified in the Annex. production of certain varieties of tobacco is being exported in the form of threshed (stripped) tobacco ; The refund shall be granted on baled tobacco presented whereas, consequently, the amount of the refund should in one of the following two forms :

(') OJ No L 94, 28 . 4. 1970, p. 1 . (2) OJ No L 362, 31 . 12. 1985, p. 8 . (4) OJ No L 50, 26. 2. 1976, p. 11 . h) OJ No L 39, 17. 2. 1971 , p. 1 . O OJ No L 96, 3 . 4. 1985, p. 10 .

No L 39 / 18 Official Journal of the European Communities 14 . 2 . 86

(a) tobacco in the form of whole or cut (not stripped) Article 2 leaves falling within heading No 24.01 of the Common Customs Tariff (column 3), This Regulation shall enter into force on the day of its (b) threshed (totally stripped) tobacco in the form of strips publication in the Official Journal of the European Communities. measuring at least 0,50 centimetres, falling within heading No 24.01 of the Common Customs Tariff (column 4). It shall apply until 31 December 1986.

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

Done at Brussels, 13 February 1986.

For the Commission Frans ANDRIESSEN Vice-President

14. 2. 86 Official Journal of the European Communities No L 39 / 19

ANNEX

(en Écus/kg) Amount of the refund Amount on tobacco of the refund Serial in the form of on threshed Variety Countries of destination Number whole or cut (totally stripped) (unstripped) tobacco leaves (Article 1 (2) (b)) (Article 1 (2) (a))

1 2 3 4 5 0

1 Badischer Geudertheimer V 0,34 0,47 l

2 Badischer Burley E 0,34 0,47 J \

3 Virgin D 0,30 0,42 / All third countries 4 (a) Paraguay 0,34 0,47 (b) Dragon vert and hybrids thereof, Philippin, Petit Grammont (Flobecq), Semois, Appelterre 0,34 0,47 J

7 Bright 0,30 0,42 \ l

8 Burley I 0,30 0,42 / All third countries except the United / States and Canada 9 Maryland 0,30 0,42 I

10 0,44 0,61 ' Kentucky l

11 (a) Forchheimer Havana II c) 0,34 0,47 All third countries l

13 Xanti-Yaka 0,44 — \ \

14 — (a) Perustitza 0,44 f All third countries except the United (b) Samsun 0,30 ^ States and Canada I

15 — Erzegovina 0,44 )

16 (a) Round Tip — All third countries except the United (b) Scafati 0,72 States and Canada c) Sumatra I 17 Basmas — 0,34 1 ■ 18 Katerini and similar varieties 0,34 — 19 (a) Kaba Koulak classic 0,34 0,34 — (b) Elassona

— 20 (a) Kaba Koulak non classic 0,44 All third countries except Turkey and (b) Myrodata Smyrne, Trapezous, and Phi I 0,44 1 Yugoslavia

— 21 Myrodata Agrinion 0,44

— 22 Zichnomyrodata 0,34 \

23 Tsebelia 0,44 0,61 l

— 24 Mavra 0,44 1

25 Burley GR 0,30 0,42 ) All third countries except the United ( States and Canada 26 Virginia GR 0,30 0,42