CELEX: 31995R2891
Language: en
Date: 1995-12-14 00:00:00
Title: COMMISSION REGULATION (EC) No 2891/95 of 14 December 1995 fixing the export refunds on cereal-based compound feedingstuffs

15. 12. 95         rENl                Official Journal of the European Communities                            No L 302/ 19
                                       COMMISSION REGULATION (EC) No 2891/95
                                                      of 14 December 1995
                          fixing the export refunds on cereal-based compound feedingstuffs
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        avoid disturbances on the Community market and the
                                                                    economic aspect of the export ;
 Having regard to the Treaty establishing the European              Whereas, however, in fixing the rate of refund it would
                                                                    seem advisable to base it at this time on the difference in
 Community,
                                                                    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
 Having regard to Council Regulation (EEC) No 1766/92               conditions under which such products are exported ;
 of 30 June 1992 on the common organization of the
 market in cereals (]), as last amended by Regulation (EC)          Whereas the refund must be fixed once a month ;
 No 1 863/95 (2), and in particular the third subparagraph          whereas it may be altered in the intervening period ;
 of Article 13 (4) thereof,
                                                                    Whereas Council Regulation (EEC) No 990/93 (4), as
                                                                    amended by Regulation (EC) No 1380/95 (5), prohibits
 Whereas Article 13 of Regulation         (EEC) No 1766/92          trade between the European Community and the Federal
 provides that the difference between     quotations or prices      Republic of Yugoslavia (Serbia and Montenegro) ; whereas
 on the world market for the products     listed in Article 1 of    this prohibition does not apply in certain situations as
 that Regulation and prices for those     products within the       comprehensively listed in Articles 2, 4, 5 and 7 thereof
 Community may be covered by an           export refund ;           and in Council Regulation (EC) No 2815/95 (6); whereas
                                                                    account should be taken of this fact when fixing the
                                                                    refunds ;
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
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 :
                                                                    HAS ADOPTED THIS REGULATION :
Whereas that calculation must also take account of the
cereal products content ; whereas in the interest of simpli­                                 Article 1
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                The export refunds on the compound feedingstuffs
maize products, and for 'other cereals', these being               covered by Regulation (EEC) No 1766/92 and subject to
eligible cereal products excluding maize and maize                 Regulation (EC) No 1517/95 are hereby fixed as shown in
products ; whereas a refund should be granted in respect           the Annex to this Regulation .
of the quantity of cereal products present in the
compound feedingstuff ;
                                                                                             Article 2
Whereas furthermore, the amount of the refund must also
take into account the possibilities and conditions for the         This Regulation shall enter into force on 15 December
sale of those products on the world market, the need to            1995 .
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                             (4) OJ No L 102, 28 . 4. 1993, p. 14.
 2) OJ No L 179, 29. 7. 1995, p. 1 .                               0 OJ No L 138 , 21 . 6. 1995, p. 1 .
 3 OJ No L 147, 30. 6. 1995, p. 51 .                                6 OJ No L 297, 9. 12. 1995, p. 1 .
 ---pagebreak--- No L 302/20         EN                    Official Journal of the European Communities                                             15. 12. 95
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 14 December 1995.
                                                                                     For the Commission
                                                                                        Franz FISCHLER
                                                                                 Member of the Commission
                                                                   ANNEX
          to the Commission Regulation of 14 December 1995 fixing the export refunds on cereal-based
                                                         compound feedingstuffs
          Product code benefitting from export refund (')
          2309    10 11 000,   2309 10  13 000,  2309 10 31 000 ,
          2309    10 33 000,   2309 10  51 000 , 2309 10 53 000 ,
          2309    90 31 000,   2309 90  33 000,  2309 90 41 000 ,
          2309    90 43 000,   2309 90  51 000,  2309 90 53 000 .
                                                                                                                      (ECU/tonne)
                                 Cereal products (2)                                     Amount of refund (3)
          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                                                                             40
          Cereal products (2) excluding maize and maize
          products                                                                                  0
          (') 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 19041010 and 190410 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.
          (3) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where the
              conditions laid down in amended Regulations (EEC) No 990/93 and (EC) No 2815/95 are observed.