CELEX: 31995R1217
Language: en
Date: 1995-05-30 00:00:00
Title: COMMISSION REGULATION (EC) No 1217/95 of 30 May 1995 fixing the export refunds on cereal-based compound feedingstuffs

No L 120 / 16      I EN I               Official Journal of the European Communities                               31 . 5. 95
                                       COMMISSION REGULATION (EC) No 1217/95
                                                          of 30 May 1995
                          fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        Whereas under the terms of Article 4 of Commission
                                                                   Regulation (EEC) No 1619/93 (4), the refund may be
                                                                   varied on the basis of the destination ;
Having regard to the Treaty establishing the European
Community,
                                                                   Whereas the representative market areas defined in
                                                                   Article I of Council Regulation (EEC) No 3813/92 (5), as
 Having regard to Council Regulation (EEC) No 1766/92              last amended by Regulation (EC) No 1 50/95 (6), are used
of 30 June 1992 on the common organization of the                  on convert amonts expressed in third country currencies
market in cereals ('), as last amended the Act of Accession        and are used as the basis for determining the agricultural
of Austria, Finland and Sweden, and in particular the              conversion rates of the Member States' currencies ;
third subparagraph of Article 13 (4) thereof,                      whereas detailed rules on the application and dertermina­
                                                                   tion of these conversions were set by Commission Regu­
Whereas Article 13 of Regulation (EEC) No 1766/92                  lation (EEC) No 1068/93 0, as last amended by Regula­
                                                                   tion (EC) No 1053/95 (8);
provides that the difference between      quotations or prices
on the world market for the products      listed in Article 1 of
that Regulation and prices for those      products within the      Whereas the refund most be fixed once a month ; whereas
 Community may be covered by an           export refund ;          it may be altered in the intervening period ;
                                                                   Whereas Council Regulation (EEC) No 930/93 (9) prohi­
Whereas Commission Regulation (EEC) No 1913/69 of                  bits trade between the European Community and the
29 September 1969 on the granting and the advance                  Federal Republic of Yugoslavia (Serbia and Montenegro) ;
fixing of the export refund on cereal-based compound               whereas this prohibition does not apply in certain situa­
feedingstuffs (2), as last amended by Regulation (EC) No           tion as comprehensively listed in Articles 2, 4, 5 and 7
 1707/94 0, provides that calculation of the export refund         thereof ; whereas account should be taken of this fact
 must take account of, in particular, the averages of the          when fixing the refunds ;
 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 ;               Whereas, pursuant to the abovementioned provisions, the
                                                                   refunds should be as set out in the Annex hereto ;
Whereas that calculation must also take account of the             Whereas the Management Committee for Cereals has not
 cereal products content ; whereas in the interest of simpli­      delivered an opinion within the time limit set by its
 fication, the refund should be paid in respect of two cate­       chairman,
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
                                                                   HAS ADOPTED THIS REGULATION :
 products ; whereas a refund should be granted in respect
of the quantity of cereal products present in the
compound feedingstuff ;
                                                                                               Article 1
Whereas furthermore, the amount of the refund must also
take into account the possibilities and conditions for the         The export refunds on the compound feedingstuffs
sale of those products on the world market, the need to            covered by Regulation (EEC) No 1766/92 and subject to
avoid disturbances on the Community market and the                 Regulation (EEC) No 1619/93 are hereby fixed as shown
economic aspect of the export ;                                    in the Annex to this Regulation.
Whereas, however, in fixing the rate of refund it would                                        Article 2
seem advisable to base it at this time on the difference in
the cost of raw inputs widely used in compound feeding­
stuffs as the Community and world markers, allowing                This Regulation shall enter into force on 1 June 1995.
more accurate accounte to be taken of the commercial
conditions under which such products are exported ;                (4) OJ No  L 155, 26. 6. 1993, p. 24.
                                                                   (0  OJ No  L 387, 31 . 12. 1992, p. 1 .
                                                                   (6) OJ No  L 22, 31 . 1 . 1995, p. 1 .
(') OJ No L 181 , 1 . 7. 1992, p. 21 .                             O   OJ No  L 108, 1 . 5. 1993, p. 106.
(2) OJ No L 246, 30. 9. 1969, p. 11 .                              f)  OJ No  L 107, 12. 5. 1995, p. 4.
o OJ No L 180, 14. 7. 1994, p. 19.                                 o   OJ No  L 102, 28. 4. 1993, p. 14.
 ---pagebreak--- 31 . 5. 95            EN                  Official Journal of the European Communities                                            No L 120/ 17
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                 Done at Brussels, 30 May 1995.
                                                                                      For the Commission
                                                                                         Franz FISCHLER
                                                                                 Member of the Commission
                                                                      ANNEX
           to the Commission Regulation of 30 May 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 (')
           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.                                                                           74,34
           Cereal products (2) excluding maize and maize
           products                                                                               60,14
           (') 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 Regulation (EEC) No 990/93 are observed.