CELEX: 31997R2360
Language: en
Date: 1997-11-27 00:00:00
Title: COMMISSION REGULATION (EC) No 2360/97 of 27 November 1997 fixing the export refunds on cereal-based compound feedingstuffs

L 326/36             [~~EN              Official Journal of the European Communities                              28 . 11 . 97
                                      COMMISSION REGULATION (EC) No 2360/97
                                                    of 27 November 1997
                            fixing the export refunds on cereal-based compound feedingstuffs
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas furthermore, the amount of the refund must also
                                                                  take into account the possibilities and conditions for the
Having regard to the Treaty establishing the European             sale of those products on the world market, the need to
Community,                                                        avoid disturbances on the Community market and the
Having regard to Council Regulation (EEC) No 1766/92              economic aspect of the export;
of 30 June 1992 on the common organization of the
market in cereals ('), as last amended by Commission              Whereas, however, in fixing the rate of refund it would
                                                                  seem advisable to base it at this time on the difference in
Regulation (EC) No 923/96 (2), and in particular Article 13
(3) thereof,                                                      the cost of raw inputs widely used in compound feeding­
                                                                  stuffs as the Community and world markets, allowing
Whereas Article 13 of Regulation (EEC) No 1766/92                 more accurate account to be taken of the commercial
provides that the difference between quotations or prices         conditions under which such products are exported;
on the world market for the products listed in Article 1 of
that Regulation and prices for those products within the          Whereas the refund must be fixed once a month; whereas
Community may be covered by an export refund;                     it may be altered in the intervening period;
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         HAS ADOPTED THIS REGULATION:
the system of import and export licences for cereals and
rice f) in Article 2 lays down general rules for fixing the
amount of such refunds;                                                                   Article 1
Whereas that calculation must also take account of the
                                                                  The export refunds on the compound feedingstuffs
cereal products content; whereas in the interest of simpli­       covered by Regulation (EEC) No 1766/92 and subject to
fication, the refund should be paid in respect of two cate­       Regulation (EC) No 1517/95 are hereby fixed as shown in
gories of 'cereal products', namely for maize, the most           the Annex to this Regulation.
commonly used cereal in exported compound feeds and
maize products, and for 'other cereals', these being
eligible cereal products excluding maize and maize                                        Article 2
products; whereas a refund should be granted in respect of
the quantity of cereal products present in the compound           This Regulation shall enter into force on 28 November
feedingstuff;                                                     1997.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 27 November 1997.
                                                                            For the Commission
                                                                              Franz FISCHLER
                                                                        Member of the Commission
(>) OJ L 181 , 1 . 7. 1992, p. 21 .
(2) OJ L 126, 24. 5. 1996, p. 37.
0 OJ L 147, 30. 6. 1995, p. 51 .
 ---pagebreak--- 28 . 11 . 97             EN                  Official Journal of the European Communities                                             L 326/37
                                                                       ANNEX
              to the Commission Regulation of 27 November 1997 fixing the export refunds on cereal-based
                                                              compound feedingstuffs
              Product code benefitting from export refund ('):
              2309    10  11 9000 , 2309  10 13  9000 ,  2309  10 31 9000,
              2309    10  33 9000,  2309  10 51  9000 ,  2309  10 53 9000,
              2309   90   31 9000,  2309 90  33  9000 ,  2309  90 41 9000,
              2309   90  43  9000 , 2309 90  51  9000 ,  2309  90 53 9000.
                                                                                                                          (ECU/tonne)
                                     Cereal products (2)                                    Amount of refund (2)
             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                                                                            20,04
             Cereal products (2) excluding maize and maize
             products                                                                               12,31
             (') The product codes are defined in Sector 5 of the Annex to Commission Regulation (EEC) No 3846/87 (OJ 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 .