CELEX: 31990R3238
Language: en
Date: 1990-11-09 00:00:00
Title: Commission Regulation (EEC) No 3238/90 of 8 November 1990 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

9 . 11 . 90                                Official Journal of the European Communities                               No L 310/ 19
                                        COMMISSION REGULATION (EEC) No 3238 /90
                                                         of 8 November 1990
                     fixing the export refunds on cereals and on wheat or rye flour, groats and meal
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           vary the refund for certain products according to destina­
                                                                       tion ;
 Having regard to the Treaty establishing the European
 Economic Community,                                                   Whereas the refund must be fixed once a month ;
                                                                       whereas it may be altered in the intervening period ;
 Having regard to the Act of Accession of Spain and
 Portugal,                                                             Whereas, if the refund system is to operate normally,
                                                                        refunds should be calculated on the following basis :
 Having regard to Council Regulation (EEC) No 2727/75                  — in the case of currencies which are maintained in rela­
 of 29 October 1975 on the common organization of the                       tion to each other at any given moment within a band
 market in cereals ('), as last amended by Regulation (EEC)                 of 2,25 % a rate of exchange based on their central
 No 1340/90 (2), and in particular the fourth subparagraph                  rate, multiplied by the corrective factor provided for in
 of Article 16 (2),                                                         the last paragraph of Article 3 (1 ) of Council Regula­
                                                                            tion (EEC) No 1676/85 (6), as last amended by Regula­
 Having regard to the opinion of the Monetary Committee,                    tion (EEC) No 2205/90 0,
 Whereas Article 16 of Regulation (EEC) No 2727/75                     — for the other currencies, an exchange rate based on an
 provides that the difference between quotations or prices                  average of the ecu rates published in the Official
 on the world market for the products listed in Article 1 of               Journal of the European Communities, C series, over
 that Regulation and prices for those products in the                       a period to be determined, multiplied by the coeffi­
 Community may be covered by an export refund ;                             cient referred to in the preceding indent ;
 Whereas Article 2 of Council Regulation (EEC) No                      Whereas it follows from applying the detailed rules set
 2746/75 of 29 October 1975 laying down general rules for              out above to the present situation on the market in
 granting export refunds on cereals and criteria for fixing            cereals, and in particular to quotations or prices for these
 the amount of such refunds (3), provides that when                    products within the Community and on ' the world
 refunds are being fixed, account must be taken of the                 market, that the refunds should be as set out in the
existing situation and the future trend with regard to                Annex hereto ;
 prices and availabilities of cereals on the Community
 market on the one hand, and prices for cereals and cereal            Whereas, pursuant to Article 275 of the Act of Accession,
 products on the world market on the other ; whereas the               refunds may be granted in the case of exports to Portugal ;
 same Article provides that it is also important to ensure            whereas, in the light of the situation and the level of
 equilibrium and the natural development of prices and                 prices no refund should be fixed in the case of exports to
 trade on cereal markets and, furthermore, to take into                Portugal ;
 account the economic aspect of the proposed exports and              Whereas the measures provided for in this Regulation are
the need to avoid disturbances on the Community
                                                                      in accordance with the opinion of the Management
market ;
                                                                       Committee for Cereals,
Whereas Article 3 of Regulation (EEC) No 2746/75
defines the specific criteria to be taken into account when
                                                                       HAS ADOPTED THIS REGULATION :
the refund on cereals is being calculated ;
Whereas these specific criteria are defined, as far as wheat                                      Article 1
and rye flour, groats and meal are concerned, in Article 4
of Regulation (EEC) No 2746/75 ; whereas furthermore,                  1 . The export refunds on the products listed in Article
when the refund on these products is being calculated,                 1 (a), (b) and (c) of Regulation (EEC) No 2727/75,
account must be taken of the quantities of cereals                    exported in the natural state, shall be as set out in the
required for their manufacture ; whereas these quantities             Annex hereto .
were fixed in Commission Regulation No 162/67/EEC (4),
as amended by Regulation (EEC) No 1607/71 (*);                        2.      The refund on export to Portugal has not been fixed.
Whereas the world market situation or the specific                                               Article 2
requirements of certain markets may make it necessary to
                                                                      This Regulation shall enter into force on 9 November
(')  OJ  No  L 281 , 1 . 11 . 1975, p. 1 .                            1990.
(2)  OJ  No  L 134, 28 . 5. 1990,   p. 1 .
0    OJ  No  L 281 , 1 . 11 . 1975, p. 78 .
0    OJ  No  128, 27. 6. 1967, p.   2574/67.                          (6) OJ No L 164, 24. 6. 1985, p. 1 .
0    OJ  No  L 168, 27. 7. 1971 ,   p. 16.                            0 OJ No L 201 , 31 . 7. 1990, p. 9 .
 ---pagebreak--- No L 310/20                    Official Journal of the European Communities                        9 . 11 . 90
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 8 November 1990 .
                                                                   For the Commission
                                                                    Ray MAC SHARRY
                                                               Member of the Commission
 ---pagebreak--- 9 . 11 . 90                        Official Journal of the European Communities                           No L 310/21
                                                       ANNEX
            to the Commission Regulation of 8 November 1990 fixing the export refunds on cereals
                                    and on wheat or rye flour, groats and meal
                                                                                            (ECU / tonne)
                      Product code                    Destination (')          Amount of refund
                    0709 90 60 000
                    0712 90 19 000                         —                         —
                    1001 10 10 000                         —                         —
                    1001 10 90 000                         01                         0
                    1001 90 91 000                         01                        —
                    1001 90 99 000                         04                      100,00
                                                           05                      100,00
                                                           02                       20,00
                    1002 00 00 000                         03                      100,00
                                                           05                      100,00
                                                           02                       20,00
                    1003 00 10 000                         —                         —
                    1003 00 90 000                         04                       87,00
                                                           02                       20,00
                    1004 00 10 000                         —                         —
                    1004 00 90 000                         —                         —
                    1005 10 90 000                         —                         —
                    1005 90 00 000                          03                      70,00
                                                            02                        0
                    1007 00 90 000                         —                         —
                    1008 20 00 000                         —                         —
                    1101 00 00 110                          01                     152,00
                    1101 00 00 120                          01                     152,00
                    1101 00 00 130                          01                     136,00
                    1101 00 00 150                          01                     127,00
                    1101 00 00 170                          01                     118,00
                    1101 00 00 180                          01                     108,00
                    1101 00 00 190                          —                        —
                    1101 00 00 900                          —                        —
                    110210 00 100                           01                     152,00
                    1102 10 00 200                          01                     152,00
                     1102 10 00 300                         01                     152,00
                    1102 10 00 500                          01                     152,00
                     1102 10 00 900                         —                        —
                     1103 11 10 100                         01                     230,00
                     1103 11 10 200                         01                     218,00
                     1103 11 10 500                         01                     195,00
                     1103 11 10 900                         01                     184,00
                     1103 11 90 100                         01                     152,00
                     1103 11 90 900                         —                        —
 ---pagebreak--- No L 310/22                            Official Journal of the European Communities                          9 . 11 . 90
            (') The destinations are identified as follows :
                01 All third countries,
                02 Other third countries.
                03 Switzerland, Austria and Liechtenstein,
                04 Switzerland, Austria, Liechtenstein, Ceuta and Melilla,
                05 Zone II (b).
            NB : The zones are those defined in Commission Regulation (EEC) No 1124/77 (OJ No L 134,
                   28.5. 1977, p. 53), as last amended by Regulation (EEC) No 3049/89 (OJ No L 292, 11 . 10.
                   1989, p. 10).