31988R0338

No L 33/28 Official Journal of the European Communities 5. 2. 88

COMMISSION REGULATION (EEC) No 338/88

of 4 February 1988 fixing the export refunds on malt

THE COMMISSION OF THE EUROPEAN Whereas the world market situation or the specific COMMUNITIES, requirements of certain markets may make it necessary to vary the refund for certain products according to destina­ Having regard to the Treaty establishing the European tion ; / Economic Community, Whereas, if the refund system is to operate normally, refunds should be calculated on the following , basis : Having regard to the Act of Accession of Spain and Portugal, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Having regard to Council Regulation (EEC) No 2727/75 of 2,25 % , a rate of exchange based on their central of 29 October 1975 on the common organization of the rate, multiplied by the corrective factor provided for in market in cereals ('), as last amended by Regulation (EEC) the last paragraph of Article 3 (1 ) of Council Regula­ No 3989/87 (2), and in particular the fourth subparagraph tion (EEC) No 1676/85 (% as last amended by Regula­ of Article 16 (2) thereof, tion (EEC) No 1636/87 0, — for other currencies, an exchange rate based on the Having regard to the opinion of the Monetary Committee, arithmetic mean of the spot market rates of each of these currencies recorded for a given period in rela­ Whereas Article 16 of Regulation (EEC) No 2727/75 tion to the Community currencies referred to in the provides that the difference between quotations or prices previous indent and the aforesaid coefficient ; oh the world market for the products listed in Article 1 of Whereas, following the introduction of the 'combined those Regulations and prices for those products within nomenclature' by Council Regulation (EEC) No the Community may be covered by an export refund ; 2658/87 (8), the nomenclature applicable from 1 January 1988 to export refunds on agricultural products was esta­ Whereas Article 2 of Council Regulation (EEC) No blished by Regulation (EEC) No 3846/87 (9) ; 2746/75 of 29 October 1975 laying down general rules for granting export refunds on cereals and criteria for fixing Whereas the refund must be fixed once a month ; the amount of such refunds (3), provides that when whereas it may be altered in the intervening period ; refunds are being fixed account must be taken of the existing situation and the future trend with regard to Whereas, pursuant to Article 275 of the Act of Accession prices and availabilities of cereals on the Community of Spain and Portugal, refunds may be granted in the case market on the one hand and prices for cereals and cereal of exports to Portugal ; whereas, in the light of the situa­ products on the world market on the other ; whereas the tion and the level of prices no refund should be fixed in same Article provides that it is also important to ensure the case of exports to Portugal ; equilibrium and the natural development of prices and trade on cereal markets and, furthermore, to take into Whereas the measures provided for in this Regulation are account the economic aspect of the proposed exports, and in accordance with the opinion of the Management the need to avoid disturbances on the Community Committee for Cereals, market ;

HAS ADOPTED THIS REGULATION : Whereas Council Regulation (EEC) No 2744/75 of 29 October 1975 on the import and export system for products processed from cereals and from rice (4), as last Article 1 amended by Regulation (EEC) No 1906/87 (*), defines the specific criteria to be taken into account when the refund The export refunds on malt listed in Article 1 (d) of Regu­ on these products is being calculated ; lation (EEC) No 2727/75 subject to Regulation (EEC) No 2744/75 shall be as set out in the Annex hereto. Whereas it follows from applying these detailed rules to The refund on export to Portugal has not been fixed. the present situation on the market in products processed from cereals and rice that the export refund should be fixed at an amount which will cover the difference Article 2 between Community prices and world market prices ; This Regulation shall enter into force on 5 February 1988 .

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . (2) OJ No L 377, 31 . 12. 1987, p. 1 . («) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78. f) OJ No L 153, 13. 6. 1987, p. 1 . (<) OJ No L 281 , 1 . 11 . 1975, p. 65. (■) OJ No L 256, 7. 9. 1987, p. 1 . V) OJ No L 182, 3. 7. 1987, p. 49. 0 OJ No L 366, 24. 12. 1987, p. 1 .

5 . 2 . 88 Official Journal of the European Communities No L 33/29

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

ANNEX

to the Commission Regulation of 4 February 1988 fixing the export refunds on malt

(ECU/ tonne) Product code Refund

1107 10 19 000 120,00 1107 10 99 000 175,00 1107 20 00 000 205,00