CELEX: 31995R0175
Language: en
Date: 1995-01-31 00:00:00
Title: COMMISSION REGULATION (EC) No 175/95 of 31 January 1995 fixing the export refunds on cereal-based compound feedingstuffs

No L 24/44                               Official Journal of the European Communities                                 1 . 2. 95
                                          COMMISSION REGULATION (EC) No 175/95
                                                          of 31 January 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 (*), 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                 last amended by Regulation (EC) No 150/95 Q, 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 by Regulation (EC)            and 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 last amended by Regula­
 provides that the difference between       quotations or prices      tion (EC) No 157/95 0 ;
 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
 1707/94 (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 February 1995.
more accurate accounte to be taken of the commercial
conditions under which such products are exported ;
                                                                     O   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 22, 31 . 1 . 1995, p. 1 .
(2) OJ  No   L 197,  30. 7. 1994, p. 1 .                             («) OJ  No  L 108, 1 . 5. 1993, p. 106.
O   OJ  No   L 246,  30. 9. 1969, p. 11 .                            (9) See page 1 of this Official Journal.
(4) OJ  No   L 180,  14. 7. 1994, p. 19.                             (,0) OJ No L 102, 28. 4. 1993, p. 14.
 ---pagebreak--- 1 . 2. 95                                Official Journal of the European Communities                                              No L 24/45
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 31 January 1995.
                                                                                      For the Commission
                                                                                         Franz FISCHLER
                                                                                  Member of the Commission
                                                                     ANNEX
          to the Commission Regulation of 31 January 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,      110419 50,         1104 23,
          1904 10 10 .                                                                            67,10
          Cereal products (2) excluding maize and maize
          products                                                                                46,37
          (') 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.