CELEX: 31995R1576
Language: en
Date: 1995-06-30 00:00:00
Title: COMMISSION REGULATION (EC) No 1576/95 of 30 June 1995 fixing the export refunds on cereal-based compound feedingstuffs

No L 150/64          I EN I                Official Journal of the European Communities                                   1 . 7. 95
                                          COMMISSION REGULATION (EC) No 1576/95
                                                             of 30 June 1995
                            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 ;
                                                                       Whereas, however, in fixing the rate of refund it would
 Having regard to Council Regulation (EEC) No 1 766/92                  seem advisable to base it at this time on the difference in
 of 30 June 1992 on the common organization of the                      the cost of raw inputs widely used in compound feeding­
 market in cereals ('), as last amended by Regulation (EC)              stuffs as the Community and world markers, allowing
 No 1 528/95 (2), and in particular the third subparagraph              more accurate accounte to be taken of the commercial
 of Article 13 (4) thereof,                                             conditions under which such products are exported ;
                                                                       Whereas under the terms of Article 4 of Commission
Whereas Article 13 of Regulation             (EEC) No 1766/92
 provides that the difference between        quotations or prices       Regulation (EEC) No 1619/93 (6), 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                     Whereas Council Regulation (EEC) No 930/93 f), as
 laying down detailed rules for the application of Regula­             amended by Regulation (EC) No 1380/95 f), prohibits
 tion (EEC) No 1766/92 as regards the arrangements for                  trade between the European Community and the Federal
 the export and import of compound feedingstuffs based                  Republic of Yugoslavia (Serbia and Montenegro) ; whereas
on cereals and amending Regulation (EC) No 1162/95                     this prohibition does not apply in certain situation as
laying down special detailed rules for the application of              comprehensively listed in Articles 2, 4, 5 and 7 thereof ;
 the system of import and export licences for cereals and              whereas account should be taken of this fact when fixing
 rice (3) in Article 2 lays down general rules for fixing the          the refunds ;
amount of such refunds ;
                                                                       Whereas, as a result of the market situation refunds are
                                                                       not to be fixed ;
Whereas Commission Regulation (EEC) No 1913/69 of
29 September 1969 on the granting and the advance                      Whereas the Management Committee for Cereals has not
fixing of the export refund on cereal-based compound                   delivered an opinion within the time limit set by its
feedingstuffs (4), as last amended by Regulation (EC) No               chairman,
 1 707/94 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
commonly used basic cereals, adjusted on the basis of the
                                                                       HAS ADOPTED THIS REGULATION :
threshold price in force during the current month ;
Whereas that calculation must also take account of the                                          Article 1
cereal products content ; whereas in the interest of simpli­
fication, the refund should be paid in respect of two cate­            The export refunds on the compound feedingstuffs
gories of 'cereal products', namely for maize, the most                covered by Regulation (EEC) No 1766/92 and subject to
commonly used cereal in exported compound feeds and                    Regulation (EC) No 1517/95 are hereby fixed as shown in
maize products, and for 'other cereals', these being                   the Annex to this Regulation.
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 1 July 1995.
(') OJ   No  L 181 , 1 . 7. 1992, p. 21 .
0   OJ   No  L 148,  30. 6. 1995.
 3  OJ   No  L 147,  30. 6. 1995, p. 51 .                              (6) OJ No L 1 55, 26. 6. 1993, p. 24.
(4) OJ   No  L 246,  30. 9. 1969, p. 11 .                              o OJ No L 102, 28. 4. 1993, p. 14.
 4 OJ No L 180, 14. 7. 1994, p. 19.                                    H OJ No L 138, 21 . 6. 1995, p. 1 .
 ---pagebreak--- 1 . 7. 95   [ EN 1           Official Journal of the European Communities                        No L 150/65
          This Regulation shall be binding in its entirety and directly applicable in all Member
          States.
          Done at Brussels, 30 June 1995.
                                                                 For the Commission
                                                                   Franz FISCHLER
                                                             Member of the Commission
 ---pagebreak--- No L 150/66         EN1                   Official Journal of the European Communities                                             1 . 7. 95
                                                                     ANNEX
           to the Commission Regulation of 30 June 1995 fixing the export refunds on cereal-based
                                                         compound feedingstuffs
          Product code benefitting from export refund (')
          2309 10 1 1   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                                                                             —
          Cereal products (2) excluding maize and maize
          products                                                                                —
          (') 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.
          (') 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.