CELEX: 31995R1652
Language: en
Date: 1995-07-06 00:00:00
Title: COMMISSION REGULATION (EC) No 1652/95 of 6 July 1995 fixing the export refunds on cereal-based compound feedingstuffs

No L 156/38          I EN I                Official Journal of the European Communities                                   7. 7. 95
                                          COMMISSION REGULATION (EC) No 1652/95
                                                              of 6 July 1 995
                            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
                                                                        sale of those products on the world market, the need to
Having regard to the Treaty establishing the European                   avoid disturbances on the Community market and the
Community,                                                              economic aspect of the export ;
Having regard to Council Regulation (EEC) No 1766/92                    Whereas, however, in fixing the rate of refund it would
                                                                        seem advisable to base it at this time on the difference in
of 30 June 1992 on the common organization of the
market in cereals ('), as last amended by Regulation (EC)               the cost of raw inputs widely used in compound feeding­
No 1528/95 (2), and in particular the third subparagraph                stuffs as the Community and world markers, allowing
                                                                        more accurate accounte to be taken of the commercial
of Article 13 (4) thereof,
                                                                        conditions under which such products are exported ;
Whereas Article 13 of Regulation             (EEC) No 1766/92           Whereas under the terms of Article 4 of Commission
provides that the difference between         quotations or prices       Regulation (EEC) No 1619/93 (% the refund may be
on the world market for the products         listed in Article 1 of     varied on the basis of the destination ;
that Regulation and prices for those         products within the
Community may be covered by an               export refund ;            Whereas the refund most be fixed once a month ; whereas
                                                                        it may be altered in the intervening period ;
Whereas Regulation (EC) No 1517/95 of 29 June 1995
laying down detailed rules for the application of Regula­               Whereas Council Regulation (EEC) No 930/93 Q, as
tion (EEC) No 1766/92 as regards the arrangements for                   amended by Regulation (EC) No 1380/95 (8), prohibits
the export and import of compound feedingstuffs based                   trade between the European Community and the Federal
on cereals and amending Regulation (EC) No 1162/95                      Republic of Yugoslavia (Serbia and Montenegro) ; whereas
laying down special detailed rules for the application of               this prohibition does not apply in certain situation as
the system of import and export licences for cereals and                comprehensively listed in Articles 2, 4, 5 and 7 thereof ;
rice (3) in Article 2 lays down general rules for fixing the            whereas account should be taken of this fact when fixing
amount of such refunds ;                                                the refunds ;
                                                                        Whereas the Management Committee for Cereals has not
Whereas Commission Regulation (EEC) No 1913/69 of                       delivered an opinion within the time limit set by its
29 September 1969 on the granting and the advance                       chairman,
fixing of the export refund on cereal-based compound
feedingstuffs (4), as last amended by Regulation (EC) No
 1707/94 0, provides that calculation of the export refund
must take account of, in particular, the averages of the
refunds granted and the levies calculated on the most                   HAS ADOPTED THIS REGULATION :
commonly used basic cereals, adjusted on the basis of the
threshold price in force during the current month ;
                                                                                                   Article 1
Whereas that calculation must also take account of the
cereal products content ; whereas in the interest of simpli­            The export refunds on the compound feedingstuffs
fication, the refund should be paid in respect of two cate­             covered by Regulation (EEC) No 1766/92 and subject to
gories of 'cereal products', namely for maize, the most                 Regulation (EC) No 1517/95 are hereby fixed as shown in
commonly used cereal in exported compound feeds and                     the Annex to this Regulation.
maize products, and for 'other cereals', these being
eligible cereal products excluding maize and maize
products ; whereas a refund should be granted in respect
of the quantity of cereal products present in the                                                 Article 2
compound feedingstuff ;
                                                                        This Regulation shall enter into force on 7 July 1995 .
(') OJ   No L  181 , 1 . 7. 1992, p. 21 .
0   OJ  No  L  148,  30. 6. 1995, p. 3.
 3  OJ  No  L  147,  30. 6. 1995, p. 51 .                               (6) OJ No L 155, 26. 6. 1993, p. 24.
(4) OJ   No L 246,   30. 9. 1969, p. 11 .                               f) OJ No L 102, 28. 4. 1993, p. 14.
O   OJ  No  L  180 , 14. 7. 1994, p. 19 .                               (8) OJ No L 138 , 21 . 6. 1995, p. 1 .
 ---pagebreak--- 7 . 7. 95   EN               Official Journal of the European Communities                        No L 156/39
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 6 July 1995.
                                                                 For the Commission
                                                                   Franz FISCHLER
                                                             Member of the Commission
 ---pagebreak--- No L 156/40       I EN I                  Official Journal of the European Communities                                             7. 7. 95
                                                                     ANNEX
          to the Commission Regulation of 6 July 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, 071290 19, 1005, 110220,
           1103 13,      1103 29 40,       1104 19 50,        1104 23,
           1904 10 10                                                                            62,51
          Cereal products (2) excluding maize and maize
          products                                                                               20,81
          {') 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 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 Regulation (EEC) No 990/93 are observed.