CELEX: 31987R3801
Language: en
Date: 1987-12-18 00:00:00
Title: Commission Regulation (EEC) No 3801/87 of 17 December 1987 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

No L 356/46                                  Official Journal of the European Communities                                 18 . 12. 87
                                        COMMISSION REGULATION (EEC) No 3801 /87
                                                         of 17 December 1987
                   fixing the export refunds on cereals and on wheat or rye flour, groats and meal
THE COMMISSION OF THE EUROPEAN                                          vary the refund for certain products according to destina­
COMMUNITIES,                                                            tion ;
Having regard to the Treaty establishing the European                   Whereas the refund must be fixed once a month ;
Economic Community,                                                     whereas it may be altered in the intervening period ;
Having regard to the Act of Accession of Spain and                      Whereas, if the refund system is to operate normally,
Portugal,                                                               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 1900/87 (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 (*), as last amended by Regula­
Having regard to the opinion of the Monetary Committee,                      tion (EEC) No 1636/87 0 ;
Whereas Article 16 of Regulation (EEC) No 2727/75
                                                                        — for other currencies, an exchange rate based on the
                                                                             arithmetic mean of the spot market rates of each of
provides that the difference between quotations or prices
                                                                             these currencies recorded over a given period in rela­
on the world market for the products listed in Article 1 of
                                                                             tion to the Community currencies referred to in the
that Regulation and prices for those products in the
Community may be covered by an export refund ;                               previous indent and the aforesaid coefficient ;
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
                                                                         market, that the refunds should be as set out in the
refunds are being fixed, account must be taken of the
                                                                         Annex hereto ;
existing situation and the future trend with regard to
 prices and availabilities of cereals on the Community                   Whereas, pursuant to Article 275 of the Act of Accession
 market on the one hand , and prices for cereals and cereal
                                                                         of Spain and Portugal, refunds may be granted in the case
 products on the world market on the other ; whereas the
                                                                         of exports to Portugal ; whereas, in the light of the situa­
same Article provides that it is also important to ensure                tion and the level of prices no refund should be fixed in
equilibrium and the natural development of prices and
 trade on cereal markets and, furthermore, to take into
                                                                         the case of exports to 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
 the refund on cereals is being calculated ;                             HAS ADOPTED THIS REGULATION :
 Whereas these specific criteria are defined, as far as wheat
 and rye flour, groats and meal are concerned, in Article 4                                         Article 1
 of Regulation (EEC) No 2746/75 ; whereas furthermore,
 when the refund on these products is being calculated,                  The export refunds on the products listed in Article 1 (a),
 account must be taken of the quantities of cereals                      (b) and (c) of Regulation (EEC) No 2727/75, exported in
 required for their manufacture ; whereas these quantities               the natural state, shall be as set out in the Annex hereto.
 were fixed in Commission Regulation No 162/67/EEC (4),
 as amended by Regulation (EEC) No 1607/71 (*) ;                         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 18 December
 (') OJ No  L 281 , 1 . 11 . 1975 . p 1 .                                 1987 .
 (2) OJ No  L 182, 3 . 7. 1987, p. 40 .
 (3) OJ No  L 281 , 1 . 11 . 1975 , p . 78 .
 (4) OJ No  128 , 27. 6 . 1967, p . 2574/ 67 .                           (6) OJ No L 164, 24. 6 . 1985, p. 1 .
 V) OJ No L 168, 27. 7. 1971 , p. 16.                                    0 OJ No L 153, 13 . 6 . 1987, p . 1 .
 ---pagebreak--- 18 . 12. 87                    Official Journal of the European Communities                        No L 356/47
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 17 December 1987 .
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President
 ---pagebreak--- No L 356/48                        Official Journal of the European Communities                              18 . .12. 87
                                                       ANNEX
               to the Commission Regulation of 17 December 1987 fixing the export refunds on cereals
                                     and on wheat or rye flour, groats and meal
                                                                                                (ECU / tonne)
               CCT
             heading                                     Description                              Refund
                No
           10.01 B I      Common wheat and meslin
                          for exports to :
                          — Switzerland, Austria and Liechtenstein                                 95,00
                          — Ceuta , Melilla, the Canary Islands and Tunisia                       122,00
                          — other third countries                                                  25,00
           10.01 B II     Durum wheat
                          foi exports to :
                          — zones II and III                                                       30,00 (3)
                          — Algeria                                                                25,00 (3)
                          — other third countries                                                  20,00 (3)
           10.02          Rye
                          for exports to :
                          — Switzerland, Austria and Liechtenstein                                 10,00
                          — Japan                                                                  20,00
                          — South Korea                                                            15,00
                          — other third countries                                                  25,00
           10.03          Barley
                          for exports to :
                          — Switzerland , Austria and Liechtenstein                                95,00
                          — other third countries                                                  25,00
           10.04          Oats
                          for exports to :
                          — Switzerland , Austria and Liechtenstein
                          — other third countries
           10.05 B        Maize , other than hybrid maize for sowing
                          for exports to :
                          — Switzerland , Austria and Liechtenstein                                95,00
                          — other third countries                                                    0
           10.07 B        Millet
           10.07 C II     Grain sorghum, other than hybrid sorghum for sowing
        ex 11.01 A        Wheat flour :
                          — of an ash content of 0 to 520                                         168,00
                          — of an ash content of 521 to 600                                       168,00
                          — of an ash content of 601 to 900                                       151,00
                          — of an ash content of 901 to 1 100                                     142,00
                          — of an ash content of 1 101 to 1 650                                   133,00
                          — of an ash content of 1 651 to 1 900                                   122,00
 ---pagebreak--- 18 . 12 . 87                                    Official Journal of the European Communities                                              No L 356/49
                                                                                                                                 (ECU / tonne)
                    CCT
                  heading                                               Description                                                Refund
                     No
           ex 11.01 B                Rye flour :
                                     — of an ash content of 0 to 700                                                               168,00
                                     — of an ash content of 701 to 1 150                                                           168,00
                                     — of an ash content of 1 151 to 1 600                                                         168,00
                                     •— of an ash content of 1 601 to 2 000                                                        168,00
                11.02 A I a)          Durum wheat groats and meal
                                     — of an ash content of 0 to 1 300 (')                                                         298,00
                                     — of an ash content of 0 to 1 300 (2)                                                         282,00
                                     — of an ash content of 0 to 1 300                                                             252,00
                                          of an ash content of more than 1 300                                                     238,00
           ex 11.02 A lb)             Common wheat groats and meal :
                                      — of an ash content of 0 to 520                                                              168,00
           (') Meal of which less than 10 % by weight is capable of passing through a sieve of 0,250 mm mesh.
           (2) Meal of which less than 10 % by weight is capable of passing through a sieve of 0,160 mm mesh.
           (3) 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 Regulation (EEC) No 1569/77 with the exception of impurities constituted by grain (other than mottled grains and
               grains affected with fusariosis) ; 7 % maximum of which 5 % of soft wheat or other cereals.
            N.B. The zones are those defined in Regulation (EEC) No 1 124/77 (OJ No L 134, 28. 5. 1977), as last amended by Regulation (EEC)
                  No 1548/87 (OJ No L 144, 4. 6 . 1987).