31988R2101

15 . 7 . 88 Official Journal of the European Communities No L 184/47

COMMISSION REGULATION (EEC) No 2101/88 of 14 July 1988 fixing the export refunds on malt

THE COMMISSION OF THE EUROPEAN COMMUNITIES, products processed from cereals and from rice (4), as last 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 Having regard to the Act of Accession of Spain and from cereals and rice that the export refund should be 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 on the world market for the products listed in Article 1 of tion to each other at any given moment within a band those Regulations and prices for those products within of 2,25 % , a rate of exchange based on their central the Community may be covered by an export refund ; rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 (*), 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 existing situation and the future trend with regard to previous indent and the aforesaid coefficient ; prices and availabilities of cereals 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 inf 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 the1 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, p. 7. (*) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 78. 0 OJ No L 153, 13. 6. 1987, p. 1 .

No L 184/48 Official Journal of the European Communities 15 . 7. 88

HAS ADOPTED THIS REGULATION : Whereas the Council has not to date adopted the prices for the 1988/89 marketing year, which commences on 1 July 1988 ; whereas the price factors determined Article 1 by Commission Regulation (EEC) No 1914/88 (') should The export refunds on malt listed in Article 1 (d) of Regu accordingly be taken into account for the calculation of the refunds in order to ensure that the export arrange­ lation (EEC) No 2727/75 subject to Regulation (EEC) N< 2744/75 shall be as set out in the Annex hereto. ments continue to operate in the sector concerned ; The refund on export to Portugal has not been fixed.

Whereas the measures provided for in this Regulation are Article 2 in accordance with the opinion of the Management Committee for Cereals, This Regulation shall enter into force on 15 July 1988 .

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

Done at Brussels, 14 July 1988 . For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 14 July 1988 fixing the export refunds on malt

(ECU/ tonne) Product code Refund

1107 10 19 000 30,00 1107 10 99 000 40,00 1107 20 00 000 60,00

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

(') OJ No L 168, 1 . 7. 1988 , p. 119 .