CELEX: 31996R2294
Language: en
Date: 1996-11-29 00:00:00
Title: COMMISSION REGULATION (EC) No 2294/96 of 29 November 1996 fixing the export refunds on cereal-based compound feedingstuffs

30 . 11 . 96          EN                 Official Journal of the European Communities                           No L 311 / 29
                                       COMMISSION REGULATION (EC) No 2294/96
                                                      of 29 November 1996
                          fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        the cost of raw inputs widely used in compound feeding­
                                                                   stuffs as the Community and world markets, allowing
                                                                   more accurate account to be taken of the commercial
 Having regard to the Treaty establishing the European             conditions under which such products are exported;
Community,
                                                                   Whereas the refund must be fixed once a month; whereas
                                                                   it may be altered in the intervening period;
 Having regard to Council Regulation (EEC) No 1766/92
of 30 June 1992 on the common organization of the
market in cereals ('), as last amended by Commission               Whereas Council Regulation (EEC) No 990 /93 (4), as
Regulation (EC) No 923/96 (2), and in particular Article 13        amended by Regulation (EC) No 1380/95 (5), prohibits
(3) thereof,                                                       trade between the European Community and the Federal
                                                                   Republic of Yugoslavia (Serbia and Montenegro); whereas
                                                                   this prohibition does not apply in certain situations as
Whereas Article 13 of Regulation          (EEC) No 1 766/92        comprehensively listed in Articles 2, 4, 5 and 7 thereof
 provides that the difference between     quotations or prices     and in Council Regulation ( EC) No 462/96 (6); whereas
on the world market for the products      listed in Article 1 of   account should be taken of this fact when fixing the
that Regulation and prices for those      products within the      refunds;
 Community may be covered by an           export refund;
                                                                   Whereas, in the light of the amendment introduced by
                                                                   Regulation (EC) No 1 222/96 (7), the figure 9 after the first
Whereas Regulation (EC) No 1517/95 of 29 June 1995                 eight digits corresponding to the combined nomenclature
laying down detailed rules for the application of Regula­
                                                                   subheadings should be regarded as forming part of the
tion (EEC) No 1766/92 as regards the arrangements for              refund nomenclature code from 1 January 1997;
the export and import of compound feedingstuffs based
on cereals and amending Regulation (EC) No 1162/95
laying down special detailed rules for the application of          Whereas the Management Committee for Cereals has not
the system of import and export licences for cereals and           delivered an opinion within the time limit set by its
rice (3) in Article 2 lays down general rules for fixing the       chairman ,
amount of such refunds ;
Whereas that calculation must also take account of the
cereal products content; whereas in the interest of simpli­
                                                                   HAS ADOPTED THIS REGULATION :
fication, the refund should be paid in respect of two cate­
gories of 'cereal products ', namely for maize, the most
commonly used cereal in exported compound feeds and
maize products, and for 'other cereals', these being
eligible cereal products excluding maize and maize                                              Article 1
products; whereas a refund should be granted in respect of
the quantity of cereal products present in the compound
feedingstuff;                                                      The export refunds on the compound feedingstuffs
                                                                   covered by Regulation (EEC) No 1766/92 and subject to
                                                                   Regulation ( EC) No 1517/95 are hereby fixed as shown in
Whereas furthermore , the amount of the refund must also
                                                                   the Annex to this Regulation .
take into account the possibilities and conditions for the
sale of those products on the world market, the need to
avoid disturbances on the Community market and the
                                                                                                Article 2
economic aspect of the export;
                                                                   This Regulation shall enter into force on 1 December
Whereas, however, in fixing the rate of refund it would             1996 .
seem advisable to base it at this time on the difference in
                                                                   (4) OJ  No L  102, 28 . 4. 1993, p. 14.
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                             (s) OJ  No L  138 , 21 . 6. 1995, p. 1 .
(2) OJ No L 126, 24. 5 . 1996, p. 37.                              {») OJ  No L  65, 15. 3. 1996, p. 1 .
(3) OJ No L 147, 30 . 6 . 1995 , p. 51 .                           o   OJ  No L  161 , 29. 6. 1996, p. 62.
 ---pagebreak--- No L 311 /30          EN                    Official Journal of the European Communities                                             30 . 11 . 96
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 29 November 1996 .
                                                                                      For the Commission
                                                                                         Franz FISCHLER
                                                                                  Member of the Commission
                                                                       ANNEX
            to the Commission Regulation of 29 November 1996 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 (')
            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                                                                             43,56
            Cereal products excluding maize and maize products                                     26,36
            (') 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 Regulations ( EEC) No 990/ 93 and ( EC) No 462/ 96 are observed .