31988R1439

27. 5 . 88 Official Journal of the European Communities No L 131 /69

COMMISSION* REGULATION (EEC) No 1439/88 of 26 May 1988 fixing the export refunds on malt

THE COMMISSION OF THE EUROPEAN products processed from cereals and from rice (4), as last COMMUNITIES, amended by Regulation (EEC) No 1906/87 0, defines the specific criteria to be taken into account when the refund on these products is being calculated ;

Having regard to the Treaty establishing the European Economic Community,

Whereas it follows from applying these detailed rules to the present situation on the market in products processed from cereals and rice that the export refund should be Having regard to the Act of Accession of Spain and Portugal, fixed at an amount which will cover the difference between Community prices and world market prices ;

Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the Whereas the world market situation or the specific market in cereals ('), as last amended by Regulation (EEC) requirements of certain markets may make it necessary to No 1097/88 (2), and in particular the fourth subparagraph vary the refund for certain products according to destin­ of Article 16 (2) thereof, ation ;

Having regard to the opinion of the Monetary Committee, whereas, if the refund system is to operate normally, refunds should be calculated on the following basis :

Whereas Article 16 of Regulation (EEC) No 2727/75 — in the case of currencies which are maintained in rela­ provides that the difference between quotations or prices tion to each other at any given moment within a band on the world market for the products listed in Article 1 of of 2,25 % , a rate of exchange based on their central those Regulations and prices for those products within rate, multiplied by the corrective factor provided for in the Community may be covered by an export refund ; the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 (6), as last amended by Regula­ tion (EEC) No 1636/87 0, Whereas Article 2 of Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for — for other currencies, an exchange rate based on the granting export refunds on cereals and criteria for fixing arithmetic mean of the spot market rates of each of the amount of such refunds (3), provides that when these currencies recorded for a given period in rela­ refunds are being fixed account must be taken of the tion to the Community currencies referred to in the previous indent and the aforesaid coefficient : existing situation and the future trend with regard to prices and availabilities of cereal^ on the Community market on the one hand and prices for cereals and cereal products on the world market on the other ; whereas the same Article provides that it is also important to ensure Whereas the refund must be fixed once a month ; equilibrium and the natural development of prices and whereas it may be altered in the intervening period ; trade on cereal markets and, furthermore, to take into account the economic aspect of the ^proposed exports, and the need to avoid disturbances on the Community market : 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 tion and the level of prices no refund should be fixed in Whereas Council Regulation (EEC) No 2744/75 of 29 the case of exports to Portugal ; October 1975 on the import and export system for

(4) OJ No L 281 , 1 . 11 . 1975, p. 65. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 182, 3. 7. 1987, p. 49. (2) OJ No L 110, 29. 4. 1988 . (6) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . 0 OJ No L 153, 13. 6. 1987, p. 1 .

No L 131 /70 27 . 5 . 88 Official Journal of the European Communities

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 :

Article2¶

The export refunds on malt listed in Article 1 (d) of Regu­ lation (EEC) No 2727/75 subject to Regulation (EEC) No 2744/75 shall be as set out in the Annex hereto . This Regulation shall enter into force on 27 May 1988 .

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

Done at Brussels, 26 May 1988 . For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 26 May 1988 fixing the export refunds on malt

(ECU / tonne) Product code Refund

1107 10 19 000 117,00 1107 10 99 000 170,00 1107 20 00 00*0 200,00

NB : The product codes and the footnotes are defined in Regulation (EEC) No 3846/ 87 as amended.