31988R0337

No L 33/24 5 . 2. 88 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 337/88 of 4 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 1676/85 (6), 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 these currencies recorded over a given period in rela­ Whereas Article 2 of Council Regulation (EEC) No tion to the Community currencies referred to in the 2746/75 of 29 October 1975 laying down general rules for previous indent and the aforesaid coefficient ; granting export refunds on cereals and criteria for fixing the amount of such refunds (3), provides that when refunds are being fixed, account must be taken of the Whereas, following the introduction of the "combined existing situation and the future trend with regard to nomenclature" by Council Regulation (EEC) No prices and availabilities of cereals on the Community 2658/ 87 (8), the nomenclature applicable from 1 January market on the one hand, and prices for cereals and cereal 1988 to export refunds on agricultural products was esta­ products on the world market on the other ; whereas the blished by Regulation (EEC) No 3846/87 (9) ; same Article provides that it is also important to ensure 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 of exports to Portugal ; whereas, in the light of the situa­ Whereas these specific criteria are defined, as far as wheat tion and the level of prices no refund should be fixed in and rye flour, groats and meal are concerned, in Article 4 the case of exports to Portugal ; of Regulation (EEC) No 2746/75 ; whereas furthermore, when the refund on these products is being calculated, account must be taken of the quantities of cereals (4) 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 . 0 OJ No L 377, 31 . 12. 1987, p. 1 . (8) OJ No L 256, 7. 9. 1987, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 78 . 0 OJ No L 366, 24. 12. 1987, p. 1 .

5. 2. 88 Official Journal of the European Communities No L 33/25

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 the natural state, shall be as set out in the Annex hereto. This Regulation shall enter into force on 5 February 1988.

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

Done at Brussels, 4 February 1988 . For the Commission Frans ANDRIESSEN Vice-President

No L 33/26 Official Journal of the European Communities 5 . 2. 88

ANNEX to the Commission Regulation of 4 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 (4) 05 25,00 0 02 20,00 (4) 1001 90 91 000 01 80,00 1001 90 99 000 03 90,00 02 0 08 105,00 10 110,00 11 116,00 1002 00 00 000 03 90,00 06 20,00 07 15,00 02 25,00 09 105,00 1003 00 10 000 01 80,00 1003 00 90 000 03 95,00 02 25,00 1004 00 10 000 01 50,00 1004 00 90 000 1005 10 90 000 1005 90 00 000 03 107,00 02 0 10 120,00 1007 00 90 000 1008 20 00 000 1101 00 00 110 01 160,00 1101 00 00 120 01 160,00 1101 00 00 130 01 141,00 1101 00 00 150 01 132,00 1101 00 00 170 01 123,00 1101 00 00 180 01 112,00 1101 00 00 190 1101 00 00 900 1102 10 00 100 01 160,00 1102 10 00 200 01 160,00 1102 10 00 300 01 160,00 1102 10 00 500 01 160,00 1102 10 00 900 1103 11 10 100 01 294,00 (2) 1103 11 10 200 01 278,00 (3) 1103 11 10 500 01 248,00 1103 11 10 900 01 234,00 1103 11 90 100 01 160,00 1103 11 90 900

5 . 2. 88 Official Journal of the European Communities No L 33/27

(') 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, 11 Poland . (2) Meal of which less than 10 % by weight is capable of passing through a sieve of 0,250 mm mesh. (3) Meal of which less than 10 % by weight is capable of passing through a sieve of 0,160 mm mesh. (*) 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).