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
Whereas the world market situation or the specific
requirements of certain markets may make it necessary to
vary the refund for certain products according to destina
tion ;
Whereas the refund must be fixed once a month ;
whereas it may be altered in the intervening period ;
Whereas, if the refund system is to operate normally,
refunds should be calculated on the following basis :
— 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
rate, multiplied by the coefficient provided for in
Article 2b (2) of Regulation (EEC) No 974/71 (*% as
last amended by Regulation (EEC) No 855/84 (7),
— for other currencies, an exchange rate based on the
arithmetic mean of the spot market rates of each of
these currencies recorded over a given period in rela
tion to the Community currencies referred to in the
previous indent and the aforesaid coefficient ;
Whereas it follows from applying the detailed rules set
out above to the present situation on the market in
cereals, and in particular to quotations or prices for these
products within the Community and on the world
market, that the refunds should be as set out in the
Annex hereto ;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management
Committee for Cereals,
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community,
Having regard to Council Regulation (EEC) No 2727/75
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)
No 1018/84 (2), and in particular the fourth subparagraph
of Article 16 (2),
Having regard to the opinion of the Monetary Committee,
Whereas Article 16 of Regulation (EEC) No 2727/75
provides that the difference between quotations or prices
on the world market for the products listed in Article 1 of
that Regulation and prices for those products in the
Community may be covered by an export refund ;
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
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 Community
market on the one hand, and prices for cereals and cereal
products on the world market on the other ; whereas the
same Article provides that it is also important to ensure
equilibrium and the natural development of prices and
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 ;
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 ;
Whereas these specific criteria are defined, as far as wheat
and rye flour, groats and meal are concerned, in Article 4
of Regulation (EEC) No 2746/75 ; whereas furthermore,
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
by Regulation (EEC) No 1 607/71 (^ ;
HAS ADOPTED THIS REGULATION :
Article 1
The export refunds on the products listed in Article 1 (a),
(b) and (c) of Regulation (EEC) No 2727/75, exported in
the natural state, shall be as set out in the Annex hereto.
Article 2
This Regulation shall enter into force on 6 December
1985.(') OJ No L 281 , 1 . 11 . 1975, p. 1 .
(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 .
0 OJ No L 168 , 27 . 7. 1971 , p . 16 .
(6) OJ No L 106, 12. 5 . 1971 , p . 1 .
0 OJ No L 90, 1 . 4. 1984, p . 1 .
No L 326/34 Official Journal of the European Communities 6 . 12. 85
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 Official Journal of the European Communities No L 326/35
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
No
Description Refund
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
I — of an ash content of 901 to 1 100 76,00
— 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
No
Description Refund
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).
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