CELEX: 31997R0358
Language: en
Date: 1997-02-27 00:00:00
Title: COMMISSION REGULATION (EC) No 358/97 of 27 February 1997 fixing the export refunds on cereal-based compound feedingstuffs

No L 59 /38           EN              Official Journal of the European Communities                                28 . 2. 97
                                       COMMISSION REGULATION (EC) No 358/97
                                                      of 27 February 1997
                           fixing the export refunds on cereal-based compound feedingstuffs
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                     Whereas furthermore, the amount of the refund must also
                                                                   take into account the possibilities and conditions for the
  Having regard to the Treaty establishing the European            sale of those products on the world market, the need to
  Community,                                                       avoid disturbances on the Community market and the
  Having regard to Council Regulation (EEC) No U66I92             economic aspect of the export;
  of 30 June 1992 on the common organization of the
  market in cereals ('), as last amended by Commission            Whereas, however, in fixing the rate of refund it would
                                                                  seem advisable to base it at this time on the difference in
  Regulation (EC) No 923/96 (2), and in particular Article 13
 (3) thereof,                                                     the cost of raw inputs widely used in compound feeding­
                                                                  stuffs as the Community and world markets, allowing
 Whereas Article 13 of Regulation (EEC) No 1766/92                more accurate account to be taken of the commercial
  provides that the difference between   quotations or prices     conditions under which such products are exported;
  on the world market for the products   listed in Article 1 of
 that Regulation and prices for those    products within the      Whereas the refund must be fixed once a month; whereas
  Community may be covered by an         export refund;           it may be altered in the intervening period;
 Whereas Regulation (EC) No 1517/95 of 29 June 1995               Whereas the Management Committee for Cereals has not
 laying down detailed rules for the application of Regula­        delivered an opinion within the time limit set by its
 tion (EEC) No 1766/92 as regards the arrangements for            chairman ,
 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        HAS ADOPTED THIS REGULATION :
 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;                                                                   Article 1
 Whereas that calculation must also take account of the
                                                                  The export refunds on the compound feedingstuffs
 cereal products content; whereas in the interest of simpli­      covered by Regulation (EEC) No 1766/92 and subject to
 fication, the refund should be paid in respect of two cate­
                                                                  Regulation (EC) No 1517/95 are hereby fixed as shown in
 gories of 'cereal products', namely for maize, the most          the Annex to this Regulation .
 commonly used cereal in exported compound feeds and
 maize products, and for 'other cereals', these being
 eligible cereal products excluding maize and maize                                       Article 2
 products; whereas a refund should be granted in respect of
 the quantity of cereal products present in the compound          This Regulation shall enter into force on 28 February
 feedingstuff;                                                    1997 .
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 27 February 1997.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                        Member of the Commission
(') OJ No L 181 , 1 . 7. 1992, p. 21 .
(2) OJ No L 126, 24. 5. 1996, p. 37.
0 OJ No L 147, 30 . 6. 1995, p. 51 .
 ---pagebreak--- 28 . 2. 97             EN                   Official Journal of the European Communities                                            No L 59/39
                                                                      ANNEX
            to the Commission Regulation of 27 February 1997 fixing the export refunds on cereal-based
                                                            compound feedingstuffs
            Product code benefitting from export refund ('):
            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 .
                                                                                                                        (ECU/tonne)
                                   Cereal products (2)                                     Amount of refund (2)
            Maize and maize products:
            CN codes 0709 90 60, 0712 90 19, 1005, 1102 20,
            1103 13 ,      1103 29 40 ,      1104 19 50,        1104 23,
            1904 10 10                                                                             33,31
           Cereal products (2) excluding maize and maize
           products                                                                                16,07
           (') The product codes are defined in Sector 5 of the Annex to Commission Regulation ( EEC) No 3846/87 (OJ No 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 the combined nomenclature. The cereals content 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 .