31987R0445
13 . 2. 87 No L 43/39 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 445/87 of 12 February 1987 fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Regulation (EEC) No 2560/77 (*), provides that, when export refunds on cereal-based compound feedingstuffs are being fixed, only the products normally used in the Having regard to the Treaty establishing the European manufacture of compound feedingstuffs for which a Economic Community, refund may be fixed should be taken into account ;
Having regard to the Act of Accession of Spain and Portugal, Whereas Commission Regulation (EEC) No 1913/69 of 29 September 1969 on the granting and the advance fixing of the export refund on cereal-based compound Having regard to Council Regulation (EEC) No 2727/75 feedingstuffs (6), as last amended by Regulation (EEC) No of 29 October 1975 on the common organization of the 537/83 Q, provides that calculation of the export refund market in cereals ('), as last amended by Regulation (EEC) must be based on the average of the refunds granted on No 1579/86 (2), and in particular the fourth subparagraph the most commonly used basic cereals, adjusted on the of Article 16 (2) thereof, basis of the threshold price in force during the month of exportation and on the levy applicable to maize ; whereas this calculation must also take account of the cereal Having regard to the opinion of the Monetary Committee, products content ; whereas, therefore, in the interest of simplification, compound feedingstuffs should be placed in categories and the refund for each category should be Whereas Article 16 of Regulation (EEC) No 2727/75 fixed on the basis of a quantity of maize which is repre provides that the difference between quotations or prices sentative of the usual cereal products content for the cate on the world market for the products listed in Article 1 of gory concerned ; whereas, furthermore, the amount of the that Regulation and prices for those products within the refund must also take into account the possibilities and Community may be covered by an export refund ; conditions for the sale of those products on the world market, the need to avoid disturbances on the Commu nity market and the economic aspect of the export ; Whereas Article 2 of Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting export refunds on cereals and criteria for fixing the amount of such refunds (3), provides that when Whereas, however, in fixing the rate of refund it would refunds are being fixed account must be taken of the exis seem advisable to base it at this time on the difference in ting situation and the future trend with regard to prices the cost of raw inputs widely used in compound feeding and availabilities of cereals on the Community market on stuffs as between the Community and world markets, allo the one hand and prices for cereals and cereal products wing more accurate account to be taken of the commer on the other ; whereas the same Article provides that it is cial conditions under which such products are exported ; also important to ensure equilibrium and the natural development of prices and trade on the cereal markets ;
i Whereas the world market situation or the specific requi Whereas it follows from applying these detailed rules to rements of certain markets may make it necessary to vary the present situation on the market in cereal-based the refund for compound feedingstuffs according to compound feedingstuffs that the export refund should be composition and destination ; whereas, for purposes of fixed at an amount which will cover the difference varying the refund, the destination zones laid down in between Community prices and world market prices ; Annex II to Commission Regulation (EEC) No 1124/77 of 27 May 1977 redefining the destination zones for export refunds or levies and for certain export licences for Whereas Article 7 ( 1 ) of Council Regulation (EEC) No cereals and rice (8), as amended by Regulation (EEC) No 2743/75 of 29 October 1975 on the system to be applied 3817/85 (9), should be used ; to cereal-based compound feedingstuffs (4), as amended by
(*) OJ No L 303 , 28 . 11 . 1977, p. 1 . (') OJ No L 281 , 1 . 11 . 1975, p. 1 . («) OJ No L 246, 30. 9. 1969, p. 11 . (2) OJ No L 139, 24. 5. 1986, p. 29 . O OJ No L 63, 9 . 3 . 1983 , p. 10 . (3) OJ No L 281 , 1 . 11 . 1975, p. 78 . (8) OJ No L 134, 28 . 5. 1977, p. 53 . (4) OJ No L 281 , 1 . 11 . 1975, p. 60 . 0 OJ No L 368 , 31 . 12. 1985, p. 16.
No L 43/40 Official Journal of the European Communities 13 . 2. 87
Whereas, if the refund system is to operate normally, of exports to Portugal ; whereas, in the light of the situa refunds should be calculated on the following basis : tion and the level of prices no refund should be fixed in the case of exports to Portugal ; — in the case of currencies which are maintained in rela tion to each other at any given moment within a band Whereas the measures provided for in this Regulation are of 2,25 % , a rate of exchange based on their central in accordance with the opinion of the Management rate, multiplied by the corrective factor provided for in Committee for Cereals, the last paragraph of Article 3 ( 1 ) of Council Regula HAS ADOPTED THIS REGULATION : tion (EEC) No 1676/85 0, — for other currencies, an exchange rate based on the Article 1 arithmetic mean of the spot market rates of each of The export refunds on the compound feedingstuffs these currencies recorded for a given period in rela covered by Regulation (EEC) No 2727/75 and subject to tion to the Community currencies referred to in the Regulation (EEC) No 2743/75 are hereby fixed as shown previous indent, and the aforesaid coefficient ; in the Annex to this Regulation. Whereas the refund must be fixed once a month ; The refund on export to Portugal has not been fixed. whereas it may be altered in the intervening period ; Article 2 Whereas, pursuant to Article 275 of the Act of Accession This Regulation shall enter into force on 13 February 1987 . of Spain and Portugal, refunds may be granted in the case
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 12 February 1987. For the Commission Frans ANDRIESSEN Vice-President
(') OJ No L 164, 24. 6. 1985, p. 1 .
13 . 2. 87 Official Journal of the European Communities No L 43/41
ANNEX
to the Commission Regulation of 12 February 1987 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 % 7,93 0 7,96 0 0 -0 1010 — Exceeding 10 % but not exceeding 20 % 15,87 (2) 15,91 (2) (3) -0 2010 — Exceeding 20 % but not exceeding 30 % 31,74 (2) 31,82 (2) (3) -O 3010 — Exceeding 30 % but not exceeding 40 % 47,61 (2) 47,73 0 0 -n 4010 — Exceeding 40 % but not exceeding 50 % 63,47 0 63,64 00 -o 5010 — Exceeding 50 % but not exceeding 60 % 79,34 (2) 79,55 0 0 -o 6010 — Exceeding 60 % but not exceeding 70 % 95,21 0 95,46 0 0 -0 7010 — Exceeding 70 % 1 03,87 (2) 104,14 00 - C)
(') '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. 0 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. (4) For export to other third countries.