CELEX: 31994R2123
Language: en
Date: 1994-08-30 00:00:00
Title: Commission Regulation (EC) No 2123/94 of 29 August 1994 fixing the export refunds on cereal-based compound feedingstuffs

30 . 8 . 94                                Official Journal of the European Communities                             No L 224/ 15
                                         COMMISSION REGULATION (EC) No 2123/94
                                                          of 29 August 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 (6), as
Having regard to Council Regulation (EEC) No 1766/92                 amended by Regulation (EC) No 3528/93 (*), 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 1 866/94 (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
1707/94 (4), provides that calculation of the export refund          tion as comprehensively listed in Articles 2, 4, 5 and 7
                                                                     thereof ; whereas account should be taken of this fact
must take account of, in particular, the averages of the
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
                                                                     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
                                                                     The export refunds on the compound feedingstuffs
take into account the possibilities and conditions for the           covered by Regulation (EEC) No 1766/92 and subject to
sale of those products on the world market, the need to              Regulation (EEC) No 1619/93 are hereby fixed as shown
avoid disturbances on the Community market and the
                                                                     in the Annex to this Regulation .
economic aspect of the export ;
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              This Regulation shall enter into force on 1 September
stuffs as the Community and world markers, allowing                  1994.
more accurate accounte to be taken of the commercial
conditions under which such products are exported ;
                                                                     Is) OJ  No L 155, 26 . 6. 1993 , p. 24.
                                                                     (6) 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 .                              (8) OJ  No L 108, 1 . 5. 1993, p. 106.
O   OJ   No L 246,  30. 9. 1969, p. 11 .                             (9) OJ  No L 69, 12. 3 . 1994, p. 1 .
(4) OJ   No L 180,  14. 7. 1994, p. 19.                              (,0) OJ No  L 102, 28 . 4. 1993, p. 14.
 ---pagebreak--- No L 224/ 16                                Official Journal of the European Communities                                             30 . 8 . 94
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 29 August 1994.
                                                                                       For the Commission
                                                                                          Rene STEICHEN
                                                                                    Member of the Commission
                                                                     ANNEX
            to the Commission Regulation of 29 August 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 .                                                                           70,72
           Cereal products (2) excluding maize and maize
           products                                                                                47,39
           (') 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 ), as last amended by Regulation (EC) No 607/94.
           (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.