31989R0129

No L 16/48 Official Journal of the European Communities 20 . 1 . 89

COMMISSION REGULATION (EEC) No 129/89 of 19 January 1989 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN account must be taken of the quantities of cereals COMMUNITIES, required for their manufacture ; whereas these quantities were fixed in Commission Regulation No 162/67/EEC (4), as amended by Regulation (EEC) No 1607/71 (5); Having regard to the Treaty establishing the European Economic Community, Whereas the world market situation or the specific requirements of certain markets may make it necessary to Having regard to the Act of Accession of Spain and vary the refund for certain products according to destina­ Portugal, tion ;

Having regard to Council Regulation (EEC) No 2727/75 Whereas the refund must be fixed once a month ; of 29 October 1975 on the common organization of the whereas it may be altered in the intervening period ; market in cereals ('), as last amended by Regulation (EEC) No 2221 /88 (2), and in particular the fourth subparagraph of Article 16 (2), Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis : Having regard to the opinion of the Monetary Committee, — in the case of currencies which are maintained in rela­ tion to each other at any given moment within a band Whereas Article 16 of Regulation (EEC) No 2727/75 of 2,25 % a rate of exchange based on their central provides that the difference between quotations or prices rate, multiplied by the corrective factor provided for in on the world market for the products listed in Article 1 of the last paragraph of Article 3 (1 ) of Council Regula­ that Regulation and prices for those products in the tion (EEC) No 1676/85 (*), as last amended by Regula­ Community may be covered by an export refund ; tion (EEC) No 1636/87 0 ;

— for other currencies, an exchange rate based on the Whereas Article 2 of Council Regulation (EEC) No arithmetic mean of the spot market rates of each of 2746/75 of 29 October 1975 laying down general rules for these currencies recorded over a given period in rela­ granting export refunds on cereals and criteria for fixing tion to the Community currencies referred to in the the amount of such refunds (3), provides that when previous indent and the aforesaid coefficient ; refunds are being fixed, account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals on the Community Whereas it follows from applying the detailed rules set market on the one hand, and prices for cereals and cereal out above to the present situation on the market in products on the world market on the other ; whereas the cereals, and in particular to quotations or prices for these same Article provides that it is also important to ensure products within the Community and on the world equilibrium and the natural development of prices and market, that the refunds should be as set out in the trade on cereal markets and, furthermore, to take into Annex hereto ; 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 Whereas Article 3 of Regulation (EEC) No 2746/75 of exports to Portugal ; whereas, in the light of the situa­ defines the specific criteria to be taken into account when tion and the level of prices no refund should be fixed in the refund on cereals is being calculated ; the case of exports to Portugal ;

Whereas these specific criteria are defined, as far as wheat Whereas the measures provided for in this Regulation are and rye flour, groats and meal are concerned, in Article 4 in accordance with the opinion of the Management of Regulation (EEC) No 2746/75 ; whereas furthermore, Committee for Cereals, when the refund on these products is being calculated,

(*) OJ No 128, 27. 6. 1967, p. 2574/67. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 168, 27. 7. 1971 , p. 16. I1) OJ No L 197, 26. 7. 1988, p. 16. O OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 78. O OJ No L 153, 13. 6. 1987, p. 1 .

20 . 1 . 89 Official Journal of the European Communities No L 16/49

HAS ADOPTED THIS REGULATION : The refund on export to Portugal has not been fixed.

Article 1 Article 2 The export refunds on the products listed in Article 1 (a), (b) and (c) of Regulation (EEC) No 2727/75, exported in This Regulation shall enter into force on 20 January the natural state, shall be as set out in the Annex hereto. 1989 .

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

Done at Brussels, 19 January 1989. For the Commission Ray MAC SHARRY Member of the Commission

No L 16/ 50 Official Journal of the European Communities 20 . 1 . 89

ANNEX

to the Commission Regulation of 19 January 1989 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

(ECU / tonne) Product code Destination (') Amount of refund

0709 90 60 000 _ 0712 90 19 000 — — 1001 10 10 000 01 0 1001 10 90 000 04 21,00 (2) 02 20,00 0 1001 90 91 000 01 0 1001 90 99 000 05 49,00 \ 07 22,00 06 54,00 02 20,00 1002 00 00 000 06 54,00 02 20,00 1003 00 10 000 01 0 1003 00 90 000 05 57,00 07 22,00 02 20,00 1004 00 10 000 01 0 1004 00 90 000 01 0 1005 10 90 000 — — 1005 90 00 000 03 67,00 02 0 — — < .1007 00 90 000 1008 20 00 000 — — • 1101 00 00 110 01 83,00 1101 00 00 120 01 83,00 1101 00 00 130 01 75,00 1101 00 00 150 01 65,00 1101 00 00 170 01 55,00 1101 00 00 180 01 45,00 1101 00 00 190 — — 1101 00 00 900 — — 1102 10 00 100 01 83,00 1102 10 00 200 01 83,00 1102 10 00 300 01 83,00 1102 10 00 500 01 83,00 1102 10 00 900 — — 1103 1110 100 01 189,00 1103 11 10 200 01 179,00 1103 11 10 500 01 160,00 1103 11 10 900 01 151,00 1103 11 90 100 01 83,00 1103 11 90 900 1 i

20 . 1 . 89 Official Journal of the European Communities No L 16/51

(') The destinations are identified as follows : 01 All third countries, 02 Other third countries, , * 03 Switzerland, Austria and Liechtenstein. 04 Algeria, 05 Switzerland, Austria, Liechtenstein, Ceuta and Melilla, 06 Zone II b), 07 Poland. 0 The refund cannot be granted if the quality of durum wheat exported corresponds to less than the quality defined in paragraph 2' of Article 2 of Commission Regulation (EEC) No 1 569/77 with the exception of impuri­ ties constituted by grain (other than mottled grains and grains affected with fusariosis) ; 7 % maximum of which 5 % of soft wheat or other cereals. NB : The zones are those defined in Commission Regulation (EEC) No 1124/77 (OJ No L 134, 28 . 5. 1977, p. 53), as last amended by Regulation (EEC) No 296/88 (OJ No L 30, 2. 2. 1988, p. 9).