31982R1939

No L 211 / 12 Official Journal of the European Communities 20 . 7 . 82

COMMISSION REGULATION (EEC) No 1939/82 of 15 July 1982 fixing the export refunds on fishery products

THE COMMISSION OF THE EUROPEAN to vary the refund according to the destination of the COMMUNITIES, products in question ;

Having regard to the Treaty establishing the European Economic Community, Whereas products of Community origin which are landed, direct from the fishing grounds, in ports situated outside the customs territory of the Commu­ Having regard to Council Regulation (EEC) No nity do not qualify for refunds ; 3796/ 81 of 29 December 1981 on the common organization of the market in fishery products ('), and in particular the fourth subparagraph of Article 25 (2) Whereas economically important quantities of frozen thereof, whole mackerel, frozen fillets of mackerel, dried and salted coalfish and mackerel , dried, salted or in brine Having regard to the opinion of the Monetary can be exported at the present time ; Committee,

Whereas pursuant to Commission Regulation (EEC) Whereas Article 25 of Regulation (EEC) No 3796/81 No 686/78 of 6 April 1978 laying down additional provides that, to the extent necessary to enable econo­ provisions as regards the granting of export refunds on mically important exports of the products listed in fishery products (3), for the purposes of the export Article 1 (2) of that Regulation to be effected on the refund system, fishery products of Community origin basis of prices for these products on the world market, frozen and/or processed on board a vessel registered or the difference between these prices and prices within the Community may be covered by an export refund ; recorded in a third country and flying the flag of a third country shall be considered to be products which are not of Community origin ; Whereas Article 2 of Council Regulation (EEC) No 110/76 of 19 January 1976 laying down general rules for granting export refunds on fishery products and Whereas it follows from applying these detailed rules criteria for fixing the amount of such refunds (2), to the present market situation, and in particular to provides that when refunds are being fixed account prices for fishery products in the Community and on must be taken on the one hand of the existing situa­ the world market, that the refunds should be as set out tion and the future trend with regard to prices and in the Annex hereto : availabilities of fishery products on the Community market and prices on the world market on the other ; whereas account must also be taken of the costs Whereas, if the refund system is to operate normally, referred to in subparagraph (c) of that Article and of refunds should be calculated on the following basis : the economic significance of the proposed exports and of the aims of the common organization of the market — in the case of currencies which are maintained in in fishery products ; relation to each other at any given moment within a band of 2-25 % , a rate of exchange based on Whereas Article 3 of Regulation (EEC) No 110/76 their central rate, provides that, when prices on the Community market are being determined, account must be taken of the — for other currencies, an exchange rate based on the ruling prices which are most favourable from the arithmetic mean of the spot market rates of each of exportation point of view ; whereas, when prices on these currencies recorded for a given period in the world market are being determined, account must relation to the Community currencies referred to be taken of the prices indicated in paragraph 2 of that in the previous indent ; Article ;

Whereas the world market situation or the specific Whereas the Management Committee for Fishery Products has not delivered an opinion within the time requirements of certain markets may make it necessary limit set by its chairman ,

(') OJ No L 379, 31 . 12. 1981 , p. 1 . (2 OJ No L 20 , 28 . 1 . 1976, p. 48 . (3) OJ No L 93, 7. 4. 1978 , p. 12.

20 . 7 . 82 Official Journal of the European Communities No L 211 / 13

HAS ADOPTED THIS REGULATION : Article 2

Article1¶

The export refunds referred to in Article 1 (2) of Regu­ lation (EEC) No 3796/81 shall be as set out in the This Regulation shall enter into force on 1 August Annex hereto . 1982.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 15 July 1982.

For the Commission Giorgios CONTOGEORGIS Member of the Commission

No L 211 / 14 Official Journal of the European Communities 20 . 7. 82

ANNEX

to the Commission Regulation of 15 July 1982 fixing the export refunds on fishery products

(ECU/100 kg net) CCT heading Description Refund No

03.01 Fish, fresh (live or dead), chilled or frozen : B. Saltwater fish : I. Whole, headless or in pieces : m) Mackerel : 1 . bb) Frozen : For exports to all destinations with the excep­ tion of Sweden, Norway, Faroe Islands, Finland, Iceland and the USSR 4-28 2, bb) Frozen : For exports to all destinations with the excep­ tion of Sweden, Norway, Faroe Islands, Finland, Iceland and the USSR 4-28 II . Fillets : b) Frozen : 6 . Of mackerel : For exports to all destinations with the exception of Sweden, Norway, Faroe Islands, Finland, Iceland and the USSR 310

03.02 Fish, dried, salted or in brine, smoked fish, whether or not cooked before or during the smoking process : ex A. I. f) — Coalfish, dried and salted, whole, headless or in pieces : For exports to Puerto Rico, the People's Republic of the Congo, Zaire, Gabon, Cameroon, Angola, Jamaica, Trinidad, Barbados, Windward and Leeward Islands, Panama, Surinam and the Domi­ nican Republic 16-50 — Mackerel, dried, salted or in brine, whole, headless or in pieces : For exports to Jamaica, Trinidad and Windward and Leeward Islands 400