CELEX: 31988R4041
Language: en
Date: 1988-12-23 00:00:00
Title: Commission Regulation (EEC) No 4041/88 of 22 December 1988 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

No L 355/52                             Official Journal of the European Communities                                 23 . 12. 88
                                    COMMISSION REGULATION (EEC) No 4041/88
                                                    of 22 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 1 62/67/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
of 29 October 1975 on the common organization of the              Whereas the refund must be fixed once a month ;
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
Whereas Article 16 of Regulation (EEC) No 2727/75                      tion to each other at any given moment within a band
provides that the difference between quotations or prices              of 2,25 % a rate of exchange based on their central
on the world market for the products listed in Article 1 of            rate, multiplied by the corrective factor provided for in
that Regulation and prices for those products in the                   the last paragraph of Article 3 ( 1 ) of Council Regula­
Community may be covered by an export refund ;                         tion (EEC) No 1676/85 (*), as last amended by Regula­
                                                                       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
market on the one hand, and prices for cereals and cereal          Whereas it follows from applying the detailed rules set
products on the world market on the other ; whereas the            out above to the present situation on the market in
same Article provides that it is also important to ensure          cereals, and in particular to quotations or prices for these
equilibrium and the natural development of prices and              products within the Community and on the world
trade on cereal markets and, furthermore, to take into             market, that the refunds should be as set out in the
                                                                   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,
                                                                   o   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.
0 OJ No L 197, 26. 7. 1988, p. 16.                                 (<) OJ  No  L 164, 24.  6. 1985,  p. 1 .
(3) OJ No L 281 , 1 . 11 . 1975, p. 78.                            0   OJ  No  L 153, 13 . 6. 1987,  p. 1 .
 ---pagebreak--- 23 . 12. 88                              Official Journal of the European Communities                        No L 355/53
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 23 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, 22 December 1988 .
                                                                           For the Commission
                                                                            Frans ANDRIESSEN
                                                                               Vice-President
 ---pagebreak--- No L 355/ 54                        Official Journal of the European Communities                          23 . 12. 88
                                                        ANNEX
             to the Commission Regulation of 22 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 f)
                                                            07                       22,00
                                                            02                       20,00 0
                     1001 90 91 000                         01                         0
                     1001 90 99 000                         05                       57,00
                                                            07                       22,00
                                                            06                       63,00
                                                            08                       67,50
                                                            02                       20,00
                     1002 00 00 000                         06                       63,00
                                                            02                       20,00
                     1003 00 10 000                          01                        0
                     1003 00 90 000                          05                       62,50
                                                             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                       90,00
                     1101 00 00 120                          01                      .90,00
                     1101 00 00 130                          01                       82,00
                     1101 00 00 150                          01                       72,00
                     1101 00 00 170                          01                       62,00
                      1101 00 00 180                         01                       52,00
                      1101 00 00 190
                      1101 00 00 900
                      110210 00 100                          01                       90,00
                      1102 10 00 200                         01                       90,00
                      110210 00 300                          01                       90,00
                      1102 10 00 500                         01                       90,00
                      1102 10 00 900
                      1103 1110 100                          04                     235,00
                                                             02                      198,00
                      1103 11 10 200                         04                     235,00
                                                             02                      187,00
                      1103 11 10 500                         01                      167,00
                      1103 11 10 900                         01                      158,00
                      1103 11 90 100                         01                       90,00
                      1103 11 90 900
 ---pagebreak--- 23 . 12. 88                              Official Journal of the European Communities                                            No L 355/55
            (') 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,
                08 People's Republic of China.
            (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).