CELEX: 31990R3440
Language: en
Date: 1990-11-30 00:00:00
Title: Commission Regulation (EEC) No 3440/90 of 29 November 1990 fixing the export refunds on olive oil

30 . 11 . 90                               Official Journal of the European Communities                              No L 333/ 15
                                       COMMISSION REGULATION (EEC) No 3440/90
                                                       of 29 November 1990
                                              fixing the export refunds on olive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           the difference recorded between that price and the price
                                                                      of olive oil during a representative period ;
Having regard to the Treaty establishing the European
Economic Community,                                                   Whereas the amount of the refund may not exceed the
                                                                      difference between the price of olive oil in the Commu­
Having regard to the Act of Accession of Spain and                    nity and that on the world market, adjusted, where appro­
Portugal,                                                             priate, to take account of export costs for the products on
                                                                      the world market ;
Having regard to Council Regulation No 136/66/EEC of
22 September 1966 on the establishment of a common                    Whereas, in accordance with Article 5 of Regulation
organization of the market in oils and fats ('), as last              (EEC) No 1650/86, it may be decided that the refund
amended by Regulation (EEC) No 2902/89 (2),                           shall be fixed by tender ;
Having regard to Council Regulation (EEC) No 1650/86                  Whereas the tendering procedure should cover the
of 26 May 1986 on export refunds and levies on olive                  amount of the refund and may be limited to certain coun­
oil (3), and in particular the first sentence of Article 3 ( 1 )      tries of destination, quantities, qualities and presenta­
thereof,                                                               tions ;
 Having regard to the opinion of the Monetary Committee,              Whereas the second indent of Article 2 of Regulation
                                                                      (EEC) No 1650/86 provides that the refund on olive oil
Whereas Article 20 of Regulation No 136/66/EEC                        may be varied according to destination where the world
provides that, where prices within the Community are                   market situation or the specific requirements of certain
higher than world market prices, the difference between               markets make this necessary ;
these prices may be covered by a refund when olive oil is
exported to third countries ;
                                                                      Whereas Article 3 ( 1 ) of Regulation (EEC) No 1650/86
                                                                       provides that the refund must be fixed at least once every
Whereas the detailed rules for fixing and granting export              month ; whereas it may, if necessary, be altered in the
refunds on olive oil are contained in Regulation (EEC) No              intervening period ;
 1650/86 and Commission Regulation (EEC) No
 616/72 (% as last amended by Regulation (EEC) No
2962/77 Is) ;                                                         Whereas it follows from applying these detailed rules to
                                                                      the present situation on the market in olive oil and in
                                                                       particular to olive oil prices within the Community and
Whereas the first indent of Article 2 of Regulation (EEC)              on the markets of third countries that the refund should
 No 1650/86 provides that the refund must be the same                 be as set out in the Annex hereto ;
 for the whole Community ;
                                                                      Whereas, if the refund system is to operate normally,
Whereas, in accordance with Article 4 of Regulation                    refunds should be calculated on the following basis :
(EEC) No 1650/86, the refund for olive oil must be fixed
in the light of the existing situation and outlook in rela­           — in the case of currencies which are maintained in rela­
tion to olive oil prices and availability on the Community
                                                                           tion to each other at any given moment within a band
market and olive oil prices on the world market ;                          of 2,25 %, a rate of exchange based on their central
                                                                           rate, multiplied by the corrective factor provided for in
Whereas, however, where the world market situation is                      the last paragraph of Article 3 (1 ) of Council Regula­
such that the most favourable olive oil prices cannot be                   tion (EEC) No 1676/85 (6), as last amended by Regula­
 determined, account may be taken of the price of the                      tion (EEC) No 2205/90 0,
 main competing vegetable oils on the world market and                — for the other currencies, an exchange rate based on an
                                                                           average of the ecu rates published in the Official
 (') OJ  No  172, 30 . 9. 1966, p. 3025/66.                                Journal of the European Communities, C series, over
 (2) OJ  No  L 280, 29 . 9. 1989, p. 2.
 O   OJ  No  L 145, 30. 5. 1986, p. 8 .
 (4) OJ  No  L 78, 31 . 3 . 1972, p. 1 .                              («) OJ No L 164, 24. 6. 1985, p. 1 .
 O   OJ  No  L 348 , 30 . 12. 1977, p. 53.                            O OJ No L 201 , 31 . 7. 1990, p. 9 .
 ---pagebreak--- No L 333/ 16                                 Official Journal of the European Communities                                      30 . 11 . 90
                                                                               HAS ADOPTED THIS REGULATION
    a period to be determined, multiplied by the coeffi­
    cient referred to in the preceding indent ;
                                                                                                         Article 1
Whereas, pursuant to Article 275 of the Act of Accesion,
refunds may be granted in the case of exports to Portugal ;                    The export refunds on the products listed in Article 1 (2)
whereas, in the light of the situation and the level of                        (c) of Regulation No 136/66/EEC shall be as set out in
prices no refund should be fixed in the case of exports to                     the Annex hereto .
Portugal ;
                                                                                                         Article 2
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management                               This Regulation shall enter into force on 1 December
Committee for Oils and Fats,                                                    1990.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                  States.
                  Done at Brussels, 29 November 1990.
                                                                                        For the Commission
                                                                                         Ray MAC SHARRY
                                                                                      Member of the Commission
                                                                       ANNEX
                 to the Commission Regulation of 29 November 1990 fixing the export refunds on
                                                                       olive oil
                                                                                                                 (ECU/100 kg)
                                         Product code                                     Amount of refund (')
                                      1509 10 90 100                                              63,50
                                      1509 10 90 900                                              99,50
                                      1509 90 00 100                                              70,67
                                      1509 90 00 900                                             105,09
                                      1510 00 90 100                                              15,50
                                      1510 00 90 900                                              46,90
                 (') For destinations mentioned in Article 34 of amended Commission Regulation (EEC) No 3665/87 (OJ No L 351 ,
                     14. 12. 1987, p. 1 ), as well as for exports to third countries.
                 NB : The product codes and the footnotes are defined in amended Commission Regulation (EEC)
                         No 3846/87 (OJ No L 366, 24. 12. 1987, p. 1 ).