31988R3726

30 . 11 . 88 Official Journal of the European Communities No L 326/ 15

COMMISSION REGULATION (EEC) No 3726/88 of 29 November 1988 fixing the export refunds on olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the amount of the refund may not exceed the difference between the price of olive oil in the Commu­ nity and that on the world market, adjusted, where appro­ Having regard to the Treaty establishing the European priate, to take account of export costs for the products on Economic Community, the world market :

Having regard to the Act of Accession of Spain and Portugal, Whereas, in accordance with Article 5 of Regulation (EEC) No 1650/86, it may be decided that the refund Having regard to Council Regulation No 136/66/EEC of shall be fixed by tender ; 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 2210/88 (2), Whereas the tendering procedure should cover the amount of the refund and may be limited to certain coun­ tries of destination, quantities, qualities and presenta­ Having regard to Council Regulation (EEC) No 1650/86 tions : of 26 May 1986 on export refunds and levies on olive oil (3), and in particular the first sentence of Article 3 (1 ) thereof, Whereas the second indent of Article 2 of Regulation (EEC) No 1650/86 provides that the refund on olive oil Having regard to the opinion of the Monetary Committee, may be varied according to destination where the world market situation or the specific requirements of certain markets make this necessary ; Whereas Article 20 of Regulation No 136/66/EEC provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is Whereas Article 3 (1 ) of Regulation (EEC) No 1650/86 exported to third countries ; provides that the refund must be fixed at least once-every month ; whereas it may, if necessary, be altered in the intervening period ; Whereas the detailed rules for fixing and granting export refunds on olive oil are contained in Regulation (EEC) No 1650/86 and Commission Regulation (EEC) No Whereas it follows from applying these detailed rules to 616/72 (4), as last amended by Regulation (EEC) No the present situation on the market in olive oil and in 2962/77 0 ; particular to olive oil prices within the Community and on the markets of third countries that the refund should Whereas the first indent of Article 2 of Regulation (EEC) be as set out in the Annex hereto : No 1650/86 provides that the refund must be the same for the whole Community ; Whereas, if the refund system is to operate normally, Whereas, in accordance with Article 4 of Regulation refunds should be calculated on the following basis : (EEC) No 1650/86, the refund for olive oil must be fixed in the light of the existing situation and outlook in rela­ — in the case of currencies which are maintained in rela­ tion to olive oil prices and availability on the Community tion to each other at any given moment within a band market and olive oil prices on the world market ; of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Whereas, however, where the world market situation is the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 (*), as last amended by Regula­ such that the most favourable olive oil prices cannot be tion (EEC) No 1636/87 0 ; determined, account may be taken of the price of the main competing vegetable oils on the world market and — for other currencies, an exchange rate based on the the difference recorded between that price and the price arithmetic mean of the spot market rates of each of of olive oil during a representative period ; these currencies recorded over a given period in rela­ tion to the Community currencies referred to in the (') OJ No 172, 30. 9. 1966, p. 3025/66. previous indent, and the aforesaid coefficient ; 0 OJ No L 197, 26. 7. 1988, p. 1 . (3) OJ No L 145, 30. 5. 1986, p. 8 . (4) OJ No L 78 , 31 . 3. 1972, p. 1 . (*) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 348 , 30. 12. 1977, p. 53. 0 OJ No L 153, 13 . 6. 1987, p. 1 .

30, 11 . 88 No L 326/ 16 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : Whereas pursuant to Article 275 of the Act of Accession of Spain and Portugal, refunds may be granted in the case Article 1 of exports to Portugal ; whereas, in the light of the situa­ tion and the level of prices no refund should be fixed in The export refunds on the products listed in Article 1 (2) the case of exports to Portugal ; (c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto .

Article 2 Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management This Regulation shall enter into force on 1 December ' 1988 . Committee for Oils and Fats,

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

Done at Brussels, 29 November 1988 . For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 29 November 1988 fixing the export refunds on olive oil

(ECU/100 kg)

Product code Amount of refund (')

1509 10 90 100 56,00 1509 10 90 900 100,00 1509 90 00 100 59,70 1509 90 00 900 105,00 1510 00 90 100 15,50 1510 00 90 900 52,00

(') For destinations mentioned in Article 5 of Commission Regulation (EEC) No 2730/79 (OJ No L 317, 12. 12. 1979, p. 1 ), as well as for exports to third countries. NB : The product codes and the footnotes are defined in Commission Regulation (EEC) No 3846/87 as amended (OJ No L 366, 24. 12. 1987, p. 1 ).