CELEX: 31994R1209
Language: en
Date: 1994-05-28 00:00:00
Title: Commission Regulation (EC) No 1209/94 of 27 May 1994 fixing the export refunds on cereal-based compound feedingstuffs

28 . 5. 94                                Official Journal of the European Communities                            No L 133/27
                                       COMMISSION REGULATION (EC) No 1209/94
                                                         of 27 May 1994
                            fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas under the terms of Article 4 of Commission
                                                                    Regulation (EEC) No 1619/93 (^ the refund may be
                                                                    varied on the basis of the destination ;
Having regard to the Treaty establishing the European
Community,
                                                                    Whereas the representative market areas defined in
                                                                    Article I of Council Regulation (EEC) No 3813/92 (6), as
Having regard to Council Regulation (EEC) No 1766/92                amended by Regulation (EC) No 3528/93 (7), are used on
of 30 June 1992 on the common organization of the                   convert amonts expressed in third country currencies and
market in cereals (*), as amended by Commission Regula­             are used as the basis for determining the agricultural
tion (EEC) No 2193/93 0, and in particular the third                conversion rates of the Member States' currencies ;
subparagraph of Article 13 (4) thereof,                             whereas detailed rules on the application and dertermina­
                                                                    tion of these conversions were set by Commission Regu­
Whereas Article 13 of Regulation (EEC) No 1766/92                   lation (EEC) No 1068/93 (8), as amended by Regulation
provides that the difference between quotations or prices           (EC) No 547/94 0 ;
on the world market for the products listed in Article 1 of
that Regulation and prices for those products within the            Whereas the refund most be fixed once a month ; whereas
Community may be covered by an export refund ;                       it may be altered in the intervening period ;
Whereas Commission Regulation (EEC) No 1913/69 of                   Whereas Council Regulation (EEC) No 930/93 (10) prohi­
29 September 1969 on the granting and the advance                   bits trade between the European Community and the
fixing of the export refund on cereal-based compound                 Federal Republic of Yugoslavia (Serbia and Montenegro) ;
feedingstuffs (3), as last amended by Regulation (EC) No            whereas this prohibition does not apply in certain situa­
607/94 (4), provides that calculation of the export refund           tion as comprehensively listed in Articles 2, 4, 5 and 7
must take account of, in particular, the averages of the             thereof ; whereas account should be taken of this fact
refunds granted and the levies calculated on the most                when fixing the refunds ;
commonly used basic cereals, adjusted on the basis of the
threshold price in force during the current month ;                  Whereas, pursuant to the abovementioned provisions, the
                                                                     refunds should be as set out in the Annex hereto ;
Whereas that calculation must also take account of the
cereal products content ; whereas in the interest of simpli­        Whereas the Management Committee for Cereals has not
fication, the refund should be paid in respect of two cate­          delivered an opinion within the time limit set by its
gories of 'cereal products', namely for maize, the most              chairman,
commonly used cereal in exported compound feeds and
maize products, and for 'other cereals', these being
eligible cereal products excluding maize and maize
products ; whereas a refund should be granted in respect             HAS ADOPTED THIS REGULATION :
of the quantity of cereal products present in the
compound feedingstuff ;
                                                                                               Article 1
Whereas furthermore, the amount of the refund must also
take into account the possibilities and conditions for the           The export refunds on the compound feedingstuffs
sale of those products on the world market, the need to              covered by Regulation (EEC) No 1766/92 and subject to
avoid disturbances on the Community market and the                   Regulation (EEC) No 1619/93 are hereby fixed as shown
economic aspect of the export ;                                      in the Annex to this Regulation.
Whereas, however, in fixing the rate of refund it would
seem advisable to base it at this time on the difference in                                    Article 2
the cost of raw inputs widely used in compound feeding­
stuffs as the Community and world markers, allowing                  This Regulation shall enter into force on 1 June 1994.
more accurate accounte to be taken of the commercial
conditions under which such products are exported ;
                                                                     O OJ No L 155, 26. 6. 1993, p. 24.
                                                                     (6) OJ No L 387, 31 . 12. 1992, p. 1 .
 (■) OJ No  L  181 , 1 . 7. 1992, p. 21 .                            O OJ No L 320, 22. 12. 1993, p. 32.
 (2) OJ No  L  196, 5. 8 . 1993, p. 22.                              (8) OJ No L 108, 1 . 5. 1993, p . 106.
 (3) OJ No  L 246, 30. 9. 1969, p. 11 .                              0 OJ No L 69, 12. 3. 1994, p. 1 .
  4  OJ No  L 77, 19 . 3. 1994, p. 5.                                (10) OJ No L 102, 28 . 4. 1993, p. 14.
 ---pagebreak--- No L 133/28                               Official Journal of the European Communities                                               28 . 5 . 94
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 27 May 1994.
                                                                                       For the Commission
                                                                                          Rene STEICHEN
                                                                                   Member of the Commission
                                                                    ANNEX
           to the Commission Regulation of 27 May 1994 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 (z)                                       Amount of refund (*)
           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.                                                                             52,93
           Cereal products (2) excluding maize and maize
           products                                                                                59,86
           (') 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 ), as last amended by Regulation (EC) No 607/94.
           (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 subhea­
               dings 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 condi­
               tions laid down in Regulation (EEC) No 990/93 are observed.