CELEX: 31997R0376
Language: en
Date: 1997-02-28 00:00:00
Title: COMMISSION REGULATION (EC) No 376/97 of 28 February 1997 fixing the export refunds on cereal-based compound feedingstuffs

No L 60/30         TEN               Official Journal of the European Communities                                  1 . 3 . 97
                                       COMMISSION REGULATION (EC) No 376/97
                                                      of 28 February 1997
                            fixing the export refunds on cereal-based compound feedingstuffs
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      the quantity of cereal products present in the compound
                                                                   feedingstuff;
  Having regard to the Treaty establishing the European
  Community,                                                       Whereas furthermore, the amount of the refund must also
                                                                   take into account the possibilities and conditions for the
  Having regard to Council Regulation (EEC) No 1766/92             sale of those products on the world market, the need to
  of 30 June 1992 on the common organization of the                avoid disturbances on the Community market and the
  market in cereals ('), as last amended by Commission             economic aspect of the export;
  Regulation (EC) No 923/96 (2), and in particular Article 13
  (3) thereof,                                                    Whereas, however, in fixing the rate of refund it would
                                                                  seem advisable to base it at this time on the difference in
 Whereas Article 13 of Regulation        (EEC) No 1766/92         the cost of raw inputs widely used in compound feeding­
  provides that the difference between   quotations or prices     stuffs as the Community and world markets, allowing
  on the world market for the products   listed in Article 1 of   more accurate account to be taken of the commercial
  that Regulation and prices for those   products within the      conditions under which such products are exported;
  Community may be covered by an         export refund;
                                                                  Whereas the refund must be fixed once a month; whereas
 Whereas Regulation (EC) No 1517/95 of 29 June 1995               it may be altered in the intervening period;
 laying down detailed rules for the application of Regula­        Whereas the Management Committee for Cereals has not
 tion (EEC) No 1766/92 as regards the arrangements for            delivered an opinion within the time limit set by its
 the export and import of compound feedingstuffs based            chairman ,
 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         HAS ADOPTED THIS REGULATION :
 rice f) 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                                      Article 2
 eligible cereal products excluding maize and maize
 products; whereas a refund should be granted in respect of       This Regulation shall enter into force on 1 March 1997.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 28 February 1997.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                        Member of the Commission
(') OJ No L 181 , 1 . 7. 1992, p. 21 .
I1) OJ No L 126, 24. 5. 1996, p. 37.
b) OJ No L 147, 30. 6. 1995, p. 51 .
 ---pagebreak--- 1 . 3 . 97             EN |                 Official Journal of the European Communities                                            No L 60/31
                                                                     ANNEX
            to the Commission Regulation of 28 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 070990 60, 071290 19, 1005, 110220,
            1103 13,        1103 29 40,      1104 19 50 ,       1104 23,
            1904 10 10                                                                            34,41
           Cereal products (2) excluding maize and maize
           products                                                                               17,17
           (') 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.