31989R0023

6 . 1 . 89 Official Journal of the European Communities No L 4/31

COMMISSION REGULATION (EEC) No 23/89

of 5 January 1989

fixing the export refunds on malt

THE COMMISSION OF THE EUROPEAN from cereals and rice that the export refund should be COMMUNITIES, fixed at an amount which will cover the difference between Community prices and world market prices ;

Having regard to the Treaty establishing the European Whereas the world market situation or the specific Economic Community, requirements of certain markets may make it necessary to vary the refund for certain products according to destin­ ation ; Having regard to the Act of Accession of Spain and Portugal, Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis : Having regard to Council Regulation (EEC) No 2727/75 — in the case of currencies which are maintained in rela­ of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) tion to each other at any given moment within a band No 2221 /88 (2), and in particular the fourth subparagraph of 2,25 %, a rate of exchange based on their central of Article 16 (2) thereof, 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 Having regard to the opinion of the Monetary Committee, tion (EEC) No 1 636/87 0, — for other currencies, an exchange rate based on the Whereas Article 16 of Regulation (EEC) No 2727/75 arithmetic mean of the spot market rates of each of provides that the difference between quotations or prices these currencies recorded for a given period in rela­ on the world market for the products listed in Article 1 of tion to the Community currencies referred to in the those Regulations and prices for those products within previous indent and the aforesaid coefficient ; the Community may be covered by an export refund ; Whereas the refund must be fixed once a month ; whereas it may be altered in the intervening period ; Whereas Article 2 of Council Regulation (EEC) No 2746/75,(3), laying down general rules for granting export Whereas, pursuant to Article 275 of the Act of Accession refunds on cereals and criteria for fixing the amount of of Spain and Portugal, refunds may be granted in the case such refunds, provides that when refunds are being fixed of exports to Portugal ; whereas, in the light of the situa­ account must be taken of the existing situation and the tion and the level of prices no refund should be fixed in future trend with regard to prices and availabilities of the case of exports to Portugal ; cereals on the Community market on the one hand and prices for cereals and cereal products on the world market Whereas the measures provided for in this Regulation are on the other ; whereas the same Article provides that it is in accordance with the opinion of the Management also important to ensure equilibrium and the natural Committee for Cereals, development of prices and trade on cereal markets and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances HAS ADOPTED THIS REGULATION : on the Community market ;

Whereas Council Regulation (EEC) No 2744/75 of 29 Article 1 October 1975 on the import and export system for products processed from cereals and from rice (4), as last The export refunds on malt listed in Article 1 (d) of Regu­ amended by Regulation (EEC) No 1906/87 (*), defines the lation (EEC) No 2727/75 subject to Regulation (EEC) No specific criteria to be taken into account when the refund 2744/75 shall be as set out in the Annex hereto. on these products is being calculated ; The refund on export to Portugal has not been fixed. Whereas it follows from applying these detailed rules to the present situation on the market in products processed Article 2

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . This Regulation shall enter into force on 6 January 1989. (2) OJ No L 197, 26. 7. 1988, p. 16. (3) OJ No L 281 , 1 . 11 . 1975, p. 78 . (4) OJ No L 281 , 1 . 11 . 1975, p. 65. («) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 182, 3 . 7. 1987, p. 49. f) OJ No L 153, 13. 6. 1987, p. 1 .

No L 4/32 Official Journal of the European Communities 6. 1 . 89

This Regulation shall be binding in its entirety ar>d directly applicable in all Member States .

Done at - Brussels, 5 January 1989. For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 5 January 1989 fixing the export refunds on malt

(ECU/ tonne)

Product code Refund

1107 10 19 000 73,15 1107 10 99 000 83,00 1107 20 00 000 95,30

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 ).