COMMISSION REGULATION (EC) No 43/98 of 8 January 1998 fixing the export refunds on cereal-based compound feedingstuffs
Date: 1998-01-08
Institutions: European Commission
Subjects: animal nutrition, cereal product, export refund

L 5/22

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EN

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Official Journal of the European Communities

9. 1. 98

COMMISSION REGULATION (EC) No 43/98

of 8 January 1998

fixing the export refunds on cereal-based compound feedingstuffs

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organization of the
market
in cereals (1), as last amended by Commission
Regulation (EC) No 923/96 (2), and in particular Article 13
(3) thereof,

Whereas Article 13 of Regulation (EEC) No 1766/92
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 within the
Community may be covered by an export refund;

Whereas Regulation (EC) No 1517/95 of 29 June 1995
laying down detailed rules for the application of Regula-
tion (EEC) No 1766/92 as regards the arrangements for
the export and import of compound feedingstuffs based
on cereals and amending Regulation (EC) No 1162/95
laying down special detailed rules for the application of
the system of import and export licences for cereals and
rice (3) in Article 2 lays down general rules for fixing the
amount of such refunds;

Whereas that calculation must also take account of the
cereal products content; whereas in the interest of simpli-
fication, the refund should be paid in respect of two cate-
gories of ‘cereal products’, namely for maize, the most
commonly used cereal in exported compound feeds and
maize products, and for
these being
eligible cereal products excluding maize and maize
products; whereas a refund should be granted in respect of

‘other cereals’,

the quantity of cereal products present in the compound
feedingstuff;

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 market, the need to
avoid disturbances on the Community market and the
economic aspect of the export;

Whereas, however, in fixing the rate of refund it would
seem advisable to base it at this time on the difference in
the cost of raw inputs widely used in compound feeding-
stuffs as the Community and world markets, allowing
more accurate account to be taken of the commercial
conditions under which such products are exported;

Whereas the refund must be fixed once a month; whereas
it may be altered in the intervening period;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The export
refunds on the compound feedingstuffs
covered by Regulation (EEC) No 1766/92 and subject to
Regulation (EC) No 1517/95 are hereby fixed as shown in
the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 9 January 1998.

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

Done at Brussels, 8 January 1998.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 181, 1. 7. 1992, p. 21.
(2) OJ L 126, 24. 5. 1996, p. 37.
(3) OJ L 147, 30. 6. 1995, p. 51.

9. 1. 98

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Official Journal of the European Communities

L 5/23

ANNEX

to the Commission Regulation of 8 January 1998 fixing the export refunds on cereal-based
compound feedingstuffs

Product code benefitting from export refund (1):

2309 10 11 9000, 2309 10 13 9000, 2309 10 31 9000,
2309 10 33 9000, 2309 10 51 9000, 2309 10 53 9000,
2309 90 31 9000, 2309 90 33 9000, 2309 90 41 9000,
2309 90 43 9000, 2309 90 51 9000, 2309 90 53 9000.

Cereal products (2)

Amount of refund (2)

(ECU/tonne)

Maize and maize products:

CN codes 0709 90 60, 0712 90 19, 1005, 1102 20,
1103 13,
1104 23,
1904 10 10

1104 19 50,

1103 29 40,

Cereal products (2) excluding maize and maize
products

22,93

13,04

(1) The product codes are defined in Sector 5 of the Annex to Commission Regulation (EEC) No 3846/87 (OJ L 366, 24. 12.

1987, p 1), amended.

(2) For the purposes of the refund only the starch coming from cereal products is taken into account.

Cereal products means the products falling within subheadings 0709 90 60 and 0712 90 19, Chapter 10, and headings
Nos 1101, 1102, 1103 and 1104 (excluding subheading 1104 30) and the cereals content of the products falling within
subheadings 1904 10 10 and 1904 10 90 of
in products under
subheadings 1904 10 10 and 1904 10 90 of the combined nomenclature is considered to be equal to the weight of this
final product.
No refund is paid for cereals where the origin of the starch cannot be clearly established by analysis.

the combined nomenclature. The cereals content