CELEX: 31995R1880
Language: en
Date: 1995-07-28 00:00:00
Title: COMMISSION REGULATION (EC) No 1880/95 of 28 July 1995 fixing the export refunds on cereal-based compound feedingstuffs

29 . 7 . 95             EN                Official Journal of the European Communities                            No L 179/65
                                       COMMISSION REGULATION (EC) No 1880/95
                                                           of 28 July 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 1766/92                 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 l664/95 (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 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                   Whereas Council Regulation (EEC) No 930/93 (6), 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 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
 1517/95, provides that calculation of the export refund
must take account of, in particular, the averages of the
                                                                      HAS ADOPTED THIS REGULATION :
refunds granted and the levies calculated on the most
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                                       Article 2
 of the quantity of cereal products present in the
 compound feedingstuff ;
                                                                      This Regulation shall enter into force on 1 August 1995.
 (') OJ  No  L 181 , 1 . 7. 1992, p. 21 .
 (2) OJ  No  L 158,  8 . 7. 1995, p. 13.                              O OJ No L 155, 26. 6. 1993, p. 24.
 (3) OJ  No  L 147,  30. 6. 1995, p. 51 .                              (') OJ No L 102, 28 . 4. 1993, p. 14.
 (4) OJ  No  L 246,  30. 9. 1969, p. 11 .                              O OJ No L 138, 21 . 6. 1995, p. 1 .
 ---pagebreak--- No L 179/66      I EN I                  Official Journal of the European Communities                                              29 . 7. 95
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 28 July 1995.
                                                                                    For the Commission
                                                                                   Hans VAN DEN BROEK
                                                                                Member of the Commission
                                                                   ANNEX
           to the Commission Regulation of 28 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, 0712 90 19, 1005, 1102 20,
           1103 13,      1103 29 40,       1104 19 50,        1104 23,
           1904 10 10                                                                            75,01
          Cereal products (2) excluding maize and maize
           products                                                                              17,34
          (') 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 .
          (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.