CELEX: 31988R0398
Language: en
Date: 1988-02-12 00:00:00
Title: Commission Regulation (EEC) No 398/88 of 11 February 1988 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

12. 2. 88                                Official Journal of the European Communities                               No L 39/25
                                        COMMISSION REGULATION (EEC) No 398/88
                                                       of 11 February 1988
                   fixing the export refunds on cereals and on wheat or rye flour, groats and meal
 THE COMMISSION OF THE EUROPEAN                                     required for their manufacture ; whereas these quantities
 COMMUNITIES,                                                       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
                                                                    vary the refund for certain products according to destina­
 Having regard to the Act of Accession of Spain and                 tion ;
 Portugal,
                                                                    Whereas the refund must be fixed once a month ;
 Having regard to Council Regulation (EEC) No 2727/75               whereas it may be altered in the intervening period ;
of 29 October 1975 on the common organization of the
 market in cereals ('), as last amended by Regulation (EEC)
 No 3989/87 (2), and in particular the fourth subparagraph          Whereas, if the refund system is to operate normally,
of Article 16 (2),                                                  refunds should be calculated on the following basis :
                                                                         in the case of currencies which are maintained in rela­
 Having regard to the opinion of the Monetary Committee,
                                                                         tion to each other at any given moment within a band
                                                                         of 2,25 % a rate of exchange based on their central
Whereas Article 16 of Regulation (EEC) No 2727/75                        rate, multiplied by the corrective factor provided for in
provides that the difference between quotations or prices                the last paragraph of Article 3 (1 ) of Council Regula­
on the world market for the products listed in Article 1 of              tion (EEC) No 1 676/85 (*), as last amended by Regula­
that Regulation and prices for those products in the                     tion (EEC) No 1636/87 0 ;
Community may be covered by an export refund ;
                                                                         for other currencies, an exchange rate based on the
                                                                         arithmetic mean of the spot market rates of each of
Whereas Article 2 of Council Regulation (EEC) No                         these currencies recorded over a given period in rela­
2746/75 of 29 October 1975 laying down general rules for                 tion to the Community currencies referred to in the
granting export refunds on cereals and criteria for fixing               previous indent and the aforesaid coefficient ;
the amount of such refunds (3), provides that when
refunds are being fixed, account must be taken of the
existing situation and the future trend with regard to              Whereas, following the introduction of the combined
prices and availabilities of cereals on the Community               nomenclature" by Council Regulation (EEC) No
market on the one hand, and prices for cereals and cereal           2658/87 (8), the nomenclature applicable from 1 January
products on the world market on the other ; whereas the              1988 to export refunds on agricultural products was esta­
same Article provides that it is also important to ensure           blished by Regulation (EEC) No 3846/87 (9) ;
equilibrium and the natural development of prices and
trade on cereal markets and, furthermore, to take into              Whereas it follows from applying the detailed rules set
account the economic aspect of the proposed exports and             out above to the present situation on the market in
the need to avoid disturbances on the Community                     cereals, and in particular to quotations or prices for these
market ;                                                            products within the Community and on the world
                                                                    market, that the refunds should be as set out in the
                                                                    Annex hereto ;
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 ;                         Whereas, pursuant to Article 275 of the Act of Accession
                                                                    of Spain and Portugal, refunds may be granted in the case
Whereas these specific criteria are defined, as far as wheat        of exports to Portugal ; whereas, in the light of the situa­
and rye flour, groats and meal are concerned, in Article 4          tion and the level of prices no refund should be fixed in
of Regulation (EEC) No 2746/75 ; whereas furthermore,               the case of exports to Portugal ;
when the refund on these products is being calculated,
account must be taken of the quantities of cereals                  I4) OJ  No  128, 27. 6. 1967, p. 2574/67.
                                                                    0   OJ  No  L 168, 27. 7. 1971 , p. 16.
                                                                    (*) OJ   No L 164, 24. 6. 1985, p. 1 .
(') OJ No L 281 , 1 . 11 . 1975, p. 1 .                             0   OJ   No L 153, 13. 6. 1987, p. 1 .
Ó OJ No L 377, 31 . 12. 1987, p. 1 .                                («) OJ  No  L 256, 7. 9. 1987, p. 1 .
0 OJ No L 281 , 1 . 11 . 1975, p. 78 .                              0   OJ  No  L 366, 24. 12. 1987, p. 1 .
 ---pagebreak--- No L 39 26                              Official Journal of the European Communities                           12. 2. 88
Whereas the measures provided for in this Regulation are          The refund on export to Portugal has not been fixed.
in accordance with the opinion of the Management
Committee for Cereals,
HAS ADOPTED THIS REGULATION :
                                                                                         Article 2
                           Article 1
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 12 February
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, 11 February 1988.
                                                                          For the Commission
                                                                           Frans ANDRIESSEN
                                                                              Vice-President
 ---pagebreak--- 2. 2 . 88                          Official Journal of the European Communities                            No L 39/27
                                                       ANNEX
            to the Commission Regulation of 1 1 February 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                         80,00
                    1001 10 90 000                         04                         30,00 (2)
                                                           05                         25,00 (2)
          I                                                02                         20,00 0
                    1001 90 91 000                         01                         80,00
                    1001 90 99 000                         03      1                  90,00
          l                                                02                          0
                                                           08                       105,00
                                                            10                      107,00
                    1002 00 00 000                         03                         90,00
                                                           06                         20,00
          \                                                07                         15,00
          I                                                02                         25,00
                                                           09                       100,00
                    1003 00 10 000                         01                         80,00
                    1003 00 90 000                         03                         95,00
          I                                                02                         25,00
                    1004 00 10 000                         01                         50,00
                    1004 00 90 000                         —                           —
                    1005 10 90 000                         —                           —
                    1005 90 00 000                         03                       1 07,00
                                                           02                          0
          I                                                10                       117,00
                    1007 00 90 000                         —                           —
                    1008 20 00 000                         —                           —
                    1101 00 00 110                         01                       150,00
                    1101 00 00 120                         01                       150,00
                    1101 00 00 130                         01                       131,00
                    1101 00 00 150                         01                       122,00
                    1101 00 00 170                         01                       113,00
                    1101 00 00 180                         01                       102,00
                    1101 00 00 190                         —                           —
                    1101 00,00 900                         —                           —
                    1102 10 00 100                         01                       150,00
                    1102 10 00 200                         01                       150,00
                    1102 10 00 300                         01                       150,00
                    1102 10 00 500                         01                       150,00
                    1102 10 00 900                         —                          —
                    1103 1110 100                          01                       292,00
                    1103 11 10 200                         01                       276,00
                    1103 11 10 500                         01                       246,00
                    1103 11 10 900                         01                       232,00
                    1103 11 90 100                         01                       150,00
                    1103 11 90 900                         —                          —
 ---pagebreak--- No L 39/28                             Official Journal of the European Communities                                            12. 2. 88
           (') The destinations are identified as follows :
               01 All third countries,
               02 Other third countries,
               03 Switzerland, Austria and Liechtenstein,
               04 Zones II and III,
               05 Algeria,
               06 Japan,
               07 South Korea,
               08 Ceuta and Melilla,
               09 Zone II (b),
               10 Zone VIII.
           0 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 1124/77 (OJ No L 134, 28. 5. 1977), as last amended by
                  Regulation (EEC) No 296/88 (OJ No L 30, 2. 2. 1988).