CELEX: 31995R2144
Language: en
Date: 1995-09-07 00:00:00
Title: COMMISSION REGULATION (EC) No 2144/95 of 7 September 1995 fixing the export refunds on cereal-based compound feedingstuffs

8 . 9 . 95            EN 1              Official Journal of the European Communities                           No L 214/35
                                     COMMISSION REGULATION (EC) No 2144/95
                                                     of 7 September 1995
                          fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       avoid disturbances on the Community market and the
                                                                  economic aspect of the export ;
Having regard to the Treaty establishing the European             Whereas, however, in fixing the rate of refund it would
Community,                                                        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
                                                                  more accurate accounte to be taken of the commercial
Having regard to Council Regulation (EEC) No 1766/92              conditions under which such products are exported ;
of 30 June 1992 on the common organization of the
market in cereals ('), as last amended by Regulation (EC)
                                                                  Whereas the refund most be fixed once a month ; whereas
No 1 863/95 (2), and in particular the third subparagraph
of Article 13 (4) thereof,                                        it may be altered in the intervening period ;
                                                                  Whereas Council Regulation (EEC) No 930/93 (4), as
                                                                  amended by Regulation (EC) No 1380/95 (% prohibits
Whereas Article 13 of Regulation (EEC) No 1766/92                 trade between the European Community and the Federal
provides that the difference between quotations or prices         Republic of Yugoslavia (Serbia and Montenegro) ; whereas
on the world market for the products listed in Article 1 of       this prohibition does not apply in certain situation as
that Regulation and prices for those products within the          comprehensively listed in Articles 2, 4, 5 and 7 thereof ;
Community may be covered by an export refund ;                    whereas account should be taken of this fact when fixing
                                                                  the refunds ;
Whereas Regulation (EC) No 1517/95 of 29 June 1995                Whereas the Management Committee for Cereals has not
laying down detailed rules for the application of Regula­         delivered an opinion within the time limit set by its
tion (EEC) No 1766/92 as regards the arrangements for              chairman ,
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
the system of import and export licences for cereals and
rice (3) in Article 2 lays down general rules for fixing the
amount of such refunds :
                                                                   HAS ADOPTED THIS REGULATION :
Whereas that calculation must also take account of the
cereal products content ; whereas in the interest of simpli­                                Article 1
 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               The export refunds on the compound feedingstuffs
 maize products, and for 'other cereals', these being              covered by Regulation (EEC) No 1766/92 and subject to
 eligible cereal products excluding maize and maize                Regulation (EC) No 1517/95 are hereby fixed as shown in
 products ; whereas a refund should be granted in respect          the Annex to this Regulation.
 of the quantity of cereal products present in the
 compound feedingstuff ;
                                                                                            Article 2
 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           This Regulation shall enter into force on 8 September
                                                                   1995 .
 (') OJ No L 181 , 1 . 7. 1992, p. 21 .
 (2) OJ No L 179, 29. 7. 1995, p. 1 .                              (4) OJ No L 102, 28 . 4. 1993, p. 14.
  1 OJ No L 147, 30. 6. 1995, p. 51 .                              V) OJ No L 138, 21 . 6. 1995, p. 1 .
 ---pagebreak--- No L 214/36       ( EN                   Official Journal of the European Communities                                              8 . 9 . 95
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 7 September 1995.
                                                                                     For the Commission
                                                                                       Franz FISCHLER
                                                                                Member of the Commission
                                                                    ANNEX
          to the Commission Regulation of 7 September 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,
           190410 10                                                                             55,—
          Cereal products (2) excluding maize and maize
          products                                                                               23,14
          (') 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, pi ), 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.