CELEX: 31993R1438
Language: en
Date: 1993-06-11 00:00:00
Title: Commission Regulation (EEC) No 1438/93 of 10 June 1993 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

11 . 6. 93                                 Official Journal of the European Communities                             No L 140/47
                                         COMMISSION REGULATION (EEC) No 1438/93
                                                           of 10 June 1993
                      fixing the export refunds on cereals and on wheat or rye flour, groats and meal
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           were fixed in Commission Regulation No 162/67/EEC (%
                                                                      as last amended by Regulation (EEC) No 468/92 (7);
 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
                                                                      vary the refund for certain products according to destina­
 Having regard to Council Regulation (EEC) No 2727/75                 tion ;
 of 29 October 1975 on the common organization of the
 market in cereals ('), as last amended by Regulation (EEC)           Whereas the refund must be fixed once a month ;
 No 1738/92 (2), and in particular the fourth subparagraph            whereas it may be altered in the intervening period ;
 of Article 16 (2) thereof,
                                                                      Whereas the representative market rates defined in Article
 Whereas Article 16 of Regulation (EEC) No 2727/75                     1 of Council Regulation (EEC) No 3813/92 (8) are used to
 provides that the difference between quotations or prices            convert amounts expressed in third country currencies
 on the world market for the products listed in Article 1 of          and are used as'the basis for determining the agricultural
 that Regulation and prices for those products in the                 conversion rates of the Member States' currencies ;
 Community may be covered by an export refund ;                       whereas detailed rules on the application and determina­
                                                                      tion of these conversions were set by Commission Regu­
                                                                      lation (EEC) No 1068/93 (9) ;
Whereas Article 2 of Council Regulation (EEC) No
 2746/75 of 29 October 1975 laying down general rules for             Whereas it follows from applying the detailed rules set
granting export refunds on cereals and criteria for fixing            out above to the present situation on the market in
 the amount of such refunds (3) provides that when refunds            cereals, and in particular to quotations or prices for these
 are being fixed, account must be taken of the existing               products within the Community and on the world
 situation and the future trend with regard to prices and             market, that the refunds should be as set out in the
 availabilities of cereals on the Community market on the             Annex hereto ;
 one hand, and prices for cereals and cereal products on
 the world market on the other ; whereas the same Article             Whereas Council Regulation (EEC) No 990/93 (10) prohi­
 provides that it is also important to ensure equilibrium             bits trade between the European Economic Community
 and the natural development of prices and trade on cereal            and the Federal Republic of Yugoslavia (Serbia and
 markets and, furthermore, to take into account the                   Montenegro) ; whereas this prohibition does not apply in
economic aspect of the proposed exports and the need to               certain situations as comprehensively listed in Articles 2,
avoid disturbances on the Community market ;                          4, 5 and 7 thereof ; whereas account should be taken of
                                                                      this fact when fixing the refunds ; ,
Whereas export possibilities exist for a quantity of 2 000
tonnes of wheat flour to certain destinations ; whereas the           Whereas the measures provided for in this Regulation are
procedure laid down in Article 9 (4) of Commission                    in accordance with the opinion of the Management
Regulation (EEC) No 891 /89 (4), as last amended by Regu­             Committee for Cereals,
lation (EEC) No 3570/92 (5), should be used ; whereas
account should be taken of this when the refunds are
fixed ;                                                               HAS ADOPTED THIS REGULATION :
Whereas Article 3 of Regulation (EEC) No 2746/75
defines the specific criteria to be taken into account when                                      Article 1
the refund on cereals is being calculated ;
                                                                      The export refunds on the products listed in Article 1 (a),
                                                                      (b) and (c) of Regulation (EEC) No 2727/75, exported in
Whereas these specific criteria are defined, as far as wheat          the natural state, shall be as set out in the Annex hereto.
and rye flour, groats and meal are concerned, in Article 4
of Regulation (EEC) No 2746/75 ; whereas, furthermore,
when the refund on these products is being calculated,                                           Article 2
account must be taken of the quantities of cereals
required for their manufacture ; whereas these quantities             This Regulation shall enter into force on 11 June 1993 .
(') OJ   No  L  281 , 1 . 11 . 1975, p. 1 .                           (*) OJ  No 128, 27. 6. 1967, p. 2574/67.
0   OJ   No  L  180, 1 . 7. 1992, p. 1 .                              O OJ    No L 53, 28 . 2. 1992, p. 15.
(J) OJ   No  L  281 , 1 . 11 . 1975, p. 78.                           (") OJ  No L 387, 31 . 12. 1992, p. 1 .
(4) OJ   No  L  94, 7. 4. 1989, p. 13 .                               O OJ    No L 108, 1 . 5. 1993, p. 106.
O   OJ   No  L  362, 11 . 12. 1992, p. 51                             (IB) OJ No L 102, 28. 4. 1993, p. 14.
 ---pagebreak--- No L 140/48                    Official Journal of the European Communities                        11 . 6. 93
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 10 June 1993 .
                                                                   For the Commission
                                                                     Rene STEICHEN
                                                               Member of the Commission
 ---pagebreak---  11 . 6. 93                                      Official Journal of the European Communities                                           No L 140/49
                                                                         ANNEX
                  to the Commission Regulation of 10 June 1993 fixing export refunds on cereals and on wheat or
                                                            rye flour, groats and meal
                                                            (ECU/ tonne)                                                                     (ECU / tonne)
       Product code            Destination (')      Amount of refund (2)              Product code            Destination (')      Amount of refund (2)
     0709 90 60 000                 —                       —                       1007 00 90 000                 —                         —
     0712 90 19 000                  —                      —                       1008 20 00 000                 —                         —
      1001 10 00 200                 —                      —
                                                                                    1101 0000 100                  07                       90,00 (3)
      1001 10 00 400                 —                      —
                                                                                                                   02                       48,00
      1001 90 91 000                 —                      —
                                                                                    1101 00 00 130                 01                       45,00
      1001 90 99 000                 04                    25,00
                                                                                    1101 00 00 150                 01                       42,00
                                     08                    18,00
                                     09                    20,00                    1101 00 00 170                 01                       39,00
                                     02                    15,00                    1101 00 00 180                 01                       36,00
      1002 00 00 000                 03                    25,00                    1101 00 00 190                 —                         —
                                     02                    15,00
                                                                                    1101 00 00 900                 —                         —
      1003 00 10 000                 —                      —
                                                                                    1102 10 00 500                 01                       48,00
      1003 00 20 000                 04                    25,00
                                                                                    1102 10 00 700                 —                         —
                                     02                    15,00
      1003 00 80 000                 04                    25,00                    1102 10 00 900                 —                         —
                                     02                    15,00                    1103 11 30 200                 01                        0
      1004 00 00 200                 —                      —                       1103 11 30 900                 —                         —
      1004 00 00 400                 —                      —                       1103 11 50 200                 01                        0
      1005 10 90 000                 —                      —
                                                                                    1103 11 50 400                 01                        0
      1005 90 00 000                 04                    87,00
                                                                                    1103 11 50 900                 —                         —
                                     06                    10,00
                                     05                    15,00                    1103 11 90 200                 01                       48,00
                                     02                      0                      1103 11 90 800                 —                         —
(') 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 Meiilla,
    05  Bulgaria,
    06  Zones I, VIII a), Albania, Romania and Cuba,
    07  Croatia and Bosnia-Herzegovina,
    08  Zone I (a), Malta, Senegal and Ivory Coast,
    09 Ukraine .
(2) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where the conditions laid down in Regulation
    (EEC) No 990/93 are observed.
(3) Refund fixed under the procedure laid down in Article 9 (4) of amended Regulation (EEC) No 891 /89, in respect of a quantity of 2 000 tonnes of wheat
    flour destined for Croatia and Bosnia-Herzegovina.
 2VB : The zones are those defined in Commission Regulation (EEC) No 2145/92 (OJ No L 214, 30. 7. 1992, p. 20).