CELEX: 31988R3769
Language: en
Date: 1988-12-02 00:00:00
Title: Commission Regulation (EEC) No 3769/88 of 1 December 1988 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

Official Journal of the European Communities                                    2. 12. 88
No L 330/22
                                     COMMISSION REGULATION (EEC) No 3769/88
                                                        of 1 December 1988
                   fixing the export refunds on cereals and on wheat or rye flour, groats and meal
THE COMMISSION OF THE EUROPEAN                                        account must be taken of the quantities of cereals
COMMUNITIES,                                                          required for their manufacture ; whereas these quantities
                                                                      were fixed in Commission Regulation No 162/67/EEC (4),
                                                                      as amended by Regulation (EEC) No 1607/71 (*);
Having regard to the Treaty establishing the European
Economic Community,
                                                                      Whereas the world market situation or the specific
                                                                      requirements of certain markets may make it necessary to
Having regard to the Act of Accession of Spain and                    vary the refund for certain products according to destina­
Portugal,                                                             tion ;
Having regard to Council Regulation (EEC) No 2727/75                  Whereas the refund must be fixed once a month ;
of 29 October 1975 on the common organization of the
market in cereals ('), as last amended by Regulation (EEC)            whereas it may be altered in the intervening period ;
 No 2221 /88 (2), and in particular the fourth subparagraph
of Article 16 (2),
                                                                       Whereas, if the refund system is to operate normally,
                                                                       refunds should be calculated on the following basis :
 Having regard to the opinion of the Monetary Committee,
                                                                       — in the case of currencies which are maintained in rela­
                                                                             tion to each other at any given moment within a band
 Whereas Article 16 of Regulation (EEC) No 2727/75                           of 2,25 % a rate of exchange based on their central
 provides that the difference between quotations or prices                   rate, multiplied by the corrective factor provided for in
 on the world market for the products listed in Article 1 of                 the last paragraph of Article 3 (1 ) of Council Regula­
 that Regulation and prices for those products in the                        tion (EEC) No 1676/85 (6), as last amended by Regula­
 Community may be covered by an export refund ;                              tion (EEC) No 1636/87 0 ;
                                                                       — for other currencies, an exchange rate based on the
 Whereas Article 2 of Council Regulation (EEC) No                            arithmetic mean of the spot market rates of each of
 2746/75 of 29 October 1975 laying down general rules for                     these currencies recorded over a given period in rela­
 granting export refunds on cereals and criteria for fixing                   tion to the Community currencies referred to in the
 the amount of such refunds (3), provides that when                           previous indent and the aforesaid coefficient ;
 refunds are being fixed, account must be taken of the
 existing situation and the future trend with regard to
  prices and availabilities of cereals on the Community                 Whereas it follows from applying the detailed rules set
  market on the one hand, and prices for cereals and cereal             out above to the present situation on the market in
  products on the world market on the other ; whereas the               cereals, and in particular to quotations or prices for these
  same Article provides that it is also important to ensure             products within the Community and on the world
  equilibrium and the natural development of prices and                 market, that the refunds should be as set out in the
  trade on cereal markets and, furthermore, to take into                Annex hereto :
  account the economic aspect of the proposed exports and
  the need to avoid disturbances on the Community
  market ;
                                                                        Whereas, pursuant to Article 275 of the Act of Accession
                                                                        of Spain and Portugal, refunds may be granted in the case
  Whereas Article 3 of Regulation (EEC) No 2746/75                      of exports to Portugal ; whereas, in the light of the situa­
  defines the specific criteria to be taken into account when           tion and the level of prices no refund should be fixed in
  the refund on cereals is being calculated ;                           the case of exports to Portugal ;
  Whereas these specific criteria are defined, as far as wheat          Whereas the measures provided for in this Regulation are
   and rye flour, groats and meal are concerned, in Article 4            in accordance with the opinion of the Management
   of Regulation (EEC) No 2746/75 ; whereas furthermore,                 Committee for Cereals,
   when the refund on these products is being calculated,
                                                                         (4) OJ No 128, 27. 6. 1967, p. 2574/67.
   (') OJ No L 281 , 1 . 11 . 1975, p. 1 .                               0 OJ No L 168, 27. 7. 1971 , p. 16.
   (2) OJ No L 197, 26. 7. 1988, p. 16.                                  (6) OJ No L 164, 24. 6. 1985, p. 1 .
   (3) OJ No L 281 , 1 . 11 . 1975, p. 78.                               n OJ No L 153, 13. 6. 1987, p. 1 .
 ---pagebreak--- 2. 12. 88                                Official journal of the European Communities                       No L 330/23
HAS ADOPTED THIS REGULATION :                                      The refund on export to Portugal has not been fixed.
                           Article 1
                                                                                          Article 2
The export refunds on the products listed in Article 1 (a),
(b) and (c) of Regulation (EEC) No 2727/75, exported in            This Regulation shall enter into force on 2 December
the natural state, shall be as set out in the Annex hereto.        1988 .
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.
                 Done at Brussels, 1 December 1988 .
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
 ---pagebreak---                                                                                                            2. 12. 88
No L 330/24                       Official Journal of the European Communities
                                                      ANNEX
            to the Commission Regulation of 1 December 1988 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                         01                         0
                    1001 10 90 000                         04                       21,00 (2)
                                                           07                       22,00
                                                           02                       20,00 (2)
                    1001 90 91 000                         01                          0
                    1001 90 99 000                         05                        58,00
                                                           07                        22,00
                                                           06                        65,00
                                                           02                        20,00
                     1002 00 00 000                        06                        65,00
                                                           02                        20,00
                     1003 00 10 000                         01                         0
                     1003 00 90 000                         05                       67,00
                                                            07                       22,00
                                                            02                       20,00
                     1004 00 10 000                         01                          0
                     1004 00 90 000                         01                          0
                     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                       97,00
                      1101 00 00 120                         01                       97,00
                      1101 00 00 130                         01                       89,00
                      1101 00 00 150                         01                       79,00
                      1101 00 00 170                         01                       69,00
                      1101 00 00 180                         01                        59,00
                      1101 00 00 190
                      1101 00 00 900
                      1102 10 00 100                         01                        97,00
                       1102 10 00 200                         01                       97,00
                       1102 10 00 300                         01                       97,00
                       1102 10 00 500                         01                       97,00
                       1102 10 00 900
                       1103 11 10 100                         04                     235,00
                                                              02                     203,00
                       1103 11 10 200                         04                     235,00
                                                              02                      192,00
                       1103 11 10 500                         01                      171,00
                       1103 11 10 900                          01                     161,00
                       1103 11 90 100                          01                       97,00
                        1103 11 90 900
 ---pagebreak--- 2. 12. 88                              Official Journal of the European Communities                                            No L 330/25
          (') The destinations are identified as follows :
              01 All third countries,
              02 Other third countries,
              03 Switzerland, Austria and Liechtenstein,
              04 Algeria,
              05 Switzerland, Austria, Liechtenstein, Ceuta and Melilla,
              06 Zone II b),
              07 Poland.
          (2) The refund cannot be granted if the quality of durum wheat exported corresponds to less than the quality
              defined in paragraph 2 of Article 2 of Commission Regulation (EEC) No 1 569/77 with the exception of impuri­
              ties constituted by grain (other than mottled grains and grains affected with fusariosis) ; 7 % maximum of which
              5 % of soft wheat or other cereals.
          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 296/88 (OJ No L 30, 2. 2. 1988, p. 9).