Commission Regulation (EC) No 1517/95 of 29 June 1995 laying down detailed rules for the application of Regulation (EEC) No 1766/92 as regards the arrangements for 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

COMMISSION REGULATION (EC) No 1517/95 of 29 June 1995 laying down detailed rules  for the application of Regulation (EEC) No 1766/92 as regards the arrangements for 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
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of  the market in cereals  (1), as last amended by the Act of Accession of Austria, Finland and Sweden  and by Regulation (EC) No 3290/94  (2), and in particular Articles 10 (4), 11 (4), 13 (11) and 16  (2) thereof,
Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of  the market in rice  (3), as last amended by Regulation (EC) No 3290/94, and in particular Articles  13 (4), 14 (16) and 17 thereof,
Whereas, depending on its composition, prepared animal fodder under CN code 2309 falls within the  scope of Regulation (EEC) No 1766/92 or Council Regulation (EEC) No 804/68 of 27 June 1968 on the  common organization of the market in milk and milk products  (4), as last amended by the Act of  Accession of Austria, Finland and Sweden and by Regulation (EC) No 3290/94; whereas, in the case of  those products falling within the scope of Regulation (EEC) No 1766/92, import levies are replaced  by import duties from 1 July 1995;
Whereas Article 9 of Regulation (EEC) No 1766/92 requires submission of an import or export licence  for the products listed in Article 1 of that Regulation, which include preparations of the types  used for animal feed;
Whereas Article 13 of Regulation (EEC) No 1766/92 provides for an export refund to be granted in  respect of the goods listed in Annex A to that Regulation; whereas the main object of the refund is  to compensate for the difference between the prices of the basic products in the Community and  those on the world market; whereas general rules for the granting of that refund should be laid  down;
Whereas, for the purpose of paying the refund, only those products, the quantities of which  incorporated in the compound feedingstuff and their features are truly representative of the  substance of the cereal-based feedingstuff in question, that is, cereals, cereal flour and  unprepared products derived from the grinding and treatment of cereals should be taken into  consideration, to the exclusion of other products whose inclusion in feedingstuffs of this type is  complementary or marginal;
Whereas the amount of the refund relating to these various cereal products should take particular  account of the difference between prices on the world market and those on the Community market for  basic cereals, i.e. maize, wheat and barley;
Whereas adjustment of refunds fixed in advance should take account of the factors on which the  refund was based; whereas that adjustment should take account, of the content in cereal products;
Whereas Commission Regulation (EEC) No 1913/69 of 29 September 1969 on the granting and advance  fixing of export refunds on cereal-based compound feedingstuffs  (5), as last amended by Regulation  (EC) No 1707/94  (6), and Commission Regulation (EEC) No 1619/93 of 25 June 1993 laying down  detailed rules for the application of Council Regulation (EEC) No 1766/92 regarding the  arrangements applicable to cereal-based feedingstuffs  (7) should be repealed from 1 July 1995;  whereas this Regulation takes over the provisions of those Regulations and adapts them to the  present market situation and implementation of the agreements reached as part of the Uruguay Round  of multilateral trade negotiations;
Whereas, since Article 5 (2) of Commission Regulation (EEC) No 891/89  (8), as last amended by  Regulation (EC) No 1043/95, was incorporated into Article 4 (2) of Commission Regulation (EC) No  1162/95 of 23 May 1995 laying down special detailed rules for the application of the system of  import and export licences for cereals and rice  (9), that Regulation should be amended to permit  the issue of licences in accordance with Article 9 of Regulation (EEC) No 1766/92;
Whereas the Management Committee for Cereals has not delivered an opinion within the time limit set  by its chairman,