CELEX: 31994R3203
Language: en
Date: 1994-12-24 00:00:00
Title: Commission Regulation (EC) No 3203/94 of 23 December 1994 fixing the export refunds on cereal-based compound feedingstuffs

24. 12. 94                                 Official Journal of the European Communities                           No L 337/33
                                           COMMISSION REGULATION (EC) No 3203/94
                                                          of 23 December 1994
                              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 (*), 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 (% as
 Having regard to Council Regulation (EEC) No 1766/92                  amended by Regulation (EC) No 3528/93 (7), are used on
 of 30 June 1992 on the common organization of the                     convert amonts expressed in third country currencies and
 market in cereals ('), as last amended by Regulation (EC)             are used as the basis for determining the agricultural
 No 1866/94 (2), and in particular the third subparagraph              conversion rates of the Member States' currencies ;
 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 (8), as amended by Regulation
 provides that the difference between         quotations or prices     (EC) No 547/94 (9);
 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 Commission Regulation (EEC) No 1913/69 of                     Whereas Council Regulation (EEC) No 930/93 (10) prohi­
 29 September 1969 on the granting and the advance                     bits trade between the European Community and the
 fixing of the export refund on cereal-based compound                   Federal Republic of Yugoslavia (Serbia and Montenegro) ;
 feedingstuffs (3), as last amended by Regulation (EC) No              whereas this prohibition does not apply in certain situa­
 1 707/94 (4), provides that calculation of the export refund          tion as comprehensively listed in Articles 2, 4, 5 and 7
 must take account of, in particular, the averages of the              thereof ; whereas account should be taken of this fact
 refunds granted and the levies calculated on the most                 when fixing the refunds ;
 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
 cereal products content ; whereas in the interest of simpli­          Whereas the Management Committee for Cereals has not
 fication, the refund should be paid in respect of two cate­           delivered an opinion within the time limit set by its
gories of 'cereal products', namely for maize, the most                chairman,
 commonly used cereal in exported compound feeds and
 maize products, and for 'other cereals', these being
eligible cereal products excluding maize and maize
 products ; whereas a refund should be granted in respect              HAS ADOPTED THIS REGULATION :
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
seem advisable to base it at this time on the difference in                                      Article 2
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 January 1995.
more accurate accounte to be taken of the commercial
conditions under which such products are exported ;
                                                                       (*) OJ No L 155, 26. 6. 1993, p. 24.
                                                                       (*) OJ No L 387, 31 . 12. 1992, p. 1 .
(') OJ  No   L  181 , 1 . 7. 1992, p. 21 .                             O OJ No L 320, 22. 12. 1993, p. 32.
(2) OJ  No   L  197,  30. 7. 1994, p. 1 .                             O OJ No L 108, 1 . 5. 1993, p. 106.
O   OJ  No   L 246,   30. 9. 1969, p. 11 .                            O OJ No L 69, 12. 3. 1994, p. 1 .
(4) OJ  No   L  180,  14. 7. 1994, p. 19.                             (10) OJ No L 102, 28 . 4. 1993, p. 14.
 ---pagebreak--- No L 337/34                              Official Journal of the European Communities                                               24. 12. 94
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 23 December 1994.
                                                                                      For the Commission
                                                                                         Rene STEICHEN
                                                                                  Member of the Commission
                                                                   ANNEX
          to the Commission Regulation of 23 December 1994 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 .                                                                           52,88
          Cereal products (2) excluding maize and maize
          products                                                                                32,24
          (') 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 subhea­
              dings 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 condi­
              tions laid down in Regulation (EEC) No 990/93 are observed.