31994R2963

6 . 12. 94 No L 312/31 Official Journal of the European Communities

COMMISSION REGULATION (EC) No 2963/94 of 5 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 Council Regulation (EEC) No 930/93 (10) prohi­ Whereas Commission Regulation (EEC) No 1913/69 of bits trade between the European Community and the 29 September 1969 on the granting and the advance Federal Republic of Yugoslavia (Serbia and Montenegro) ; fixing of the export refund on cereal-based compound whereas this prohibition does not apply in certain situa­ feedingstuffs (3), as last amended by Regulation (EC) No tion as comprehensively listed in Articles 2, 4, 5 and 7 1707/94 (4), provides that calculation of the export refund thereof ; whereas account should be taken of this fact must take account of, in particular, the averages of the when fixing the refunds ; refunds granted and the levies calculated on the most commonly used basic cereals, adjusted on the basis of the Whereas, pursuant to the abovementioned provisions, the threshold price in force during the current month ; 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 6 December 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 ; 0 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 . (8) OJ No L 108 , 1 . 5. 1993, p. 106. (3) 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.

No L 312/32 Official Journal of the European Communities 6 . 12. 94

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 December 1994.

For the Commission

Rene STEICHEN Member of the Commission

ANNEX

to the Commission Regulation of 5 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, 110419 50, 1104 23, 1904 10 10. 51,31

Cereal products (2) excluding maize and maize products 34,45

(') 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 export!, 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.