{
  "url": "https://openlegislation.uk/eu-regulation-2008-491/article-1",
  "json_url": "https://openlegislation.uk/eu-regulation-2008-491/article-1.json",
  "legislation": "eur/2008/491",
  "legislation_title": "Commission Regulation (EC) No 491/2008 of 3 June 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 concerning production refunds in the cereals sector",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2008-491",
  "path": "article/1",
  "kind": "article",
  "number": "1",
  "heading": null,
  "text": "1. In accordance with Article 96 of Regulation (EC) No 1234/2007 a production refund (hereinafter called ‘refund’) may be granted to natural or legal persons using starch extracted from wheat, maize, or potatoes, or certain derived products, in the manufacture of the goods listed in Annex I to this Regulation.\nFor Finland and Sweden, a refund may also be granted for the use of barley and oat starch limited to a total quantity of 50 000 tonnes in Finland and 10 000 tonnes in Sweden.\n2. It is decided to grant a refund taking into account, in particular:\n(a) the level of competition with third countries, and the degree of protection against such competition afforded by the mechanisms of the common agricultural policy and the Common Customs Tariff;\n(b) the progress made in the technology of starch manufacture and utilization;\n(c) the degree to which starch is incorporated in the final product and/or the relative value of starch in the final product and/or the importance of the product as an outlet for starch, in the light of competition with other products.\n3. The grant of a refund for a product may not cause distortion in the conditions of competition with other products which are not eligible for such refunds.\n4. Should it be established that distortion has occurred following the grant of a refund, that refund shall:\n(a) be abolished; or\n(b) adjusted, in so far as is necessary to eliminate the distortion in the conditions of competition.\n5. Starches imported into the Community under an import scheme which gives rise to a reduction in import duty may not benefit from a production refund.\n6. The decisions provided for in this Article shall be adopted by the Commission in accordance with the procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2008/491/article/1",
    "retrieved_at": "2026-11-01T14:52:15.594076+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}