31989R0330

No L 38 /26 Official Journal of the European Communities 10 . 2. 89

COMMISSION REGULATION (EEC) No 330/89 of 9 February 1989 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, account must be taken of the quantities of cereals required for their manufacture ; whereas these quantities were fixed in Regulation No 162/67/EEC of the Commis­ Having regard to the Treaty establishing the European sion (4), as amended by Regulation (EEC) No 1607/71 0 ; Economic Comiuunityj

Whereas the world market situation or the specific Having regard to the Act of Accession of Spain and requirements of certain markets may make it necessary to Portugal, vary the refund for certain products according to destina­ tion ;

Having regard to Regulation (EEC) No 2727/75 of the Council of 29 October 1975 on the common organization Whereas the refund must be fixed once a month ; of the market in cereals ('), as last amended by Regulation whereas it may be altered in the intervening period ; (EEC) No 1 66/89 (2), and in particular the fourth subpara­ graph 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 Whereas Article 16 of Regulation (EEC) No 2727/75 tion to each other at any given moment within a band provides that the difference between quotations or prices of 2,25 % a rate of exchange based on their central on the world market for the products listed in Article 1 of rate, multiplied by the corrective factor provided for in that Regulation and prices for those products in the the last paragraph of Article 3 (1 ) of Council Regula­ Community may be covered by an export refund ; tion (EEC) No 1676/85 (% as last amended by Regula­ tion (EEC) No 1636/87 0»

Whereas Article 2 of Regulation (EEC) No 2746/75 of the — for other currencies, an exchange rate based on the Council of 29 October 1975 laying down general rules for arithmetic mean of the spot market rates of each of granting export refunds on cereals and criteria for fixing these currencies recorded over a given period in rela­ tion to the Community currencies (referred to in the the amount of such refunds (3), provides that when refunds are being fixed, account must be taken of the previous indent and the aforesaid coefficient ; existing situation and the future trend with regard to prices and availabilities of cereals on the Community market on the one hand, and prices for cereals and cereal Whereas it follows from applying the detailed rules set products on the world market on the other ; whereas the out above to the present situation on the market in same Article provides that it is also important to ensure cereals, and in particular to quotations or prices for these equilibrium and the natural development of prices and products within the Community and on the world . trade on cereal markets and, furthermore, to take into market, that the refunds should be as set out in the account the economic aspect of the proposed exports and Annex hereto ; 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, (4) OJ No 128, 27. 6. 1 967, p. 2574/67. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 168, 27. 7. 1971 , p. 16. 0 OJ No L 20, 25. 1 . 1989, p. 16. (j OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 78. f) OJ No L 153, 13. 6. 1987, p. 1 .

10 . 2. 89 Official Journal of the European Communities No L 38/27

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 10 February 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, 9 February 1989. For the Commission Ray MAC SHARRY Member of the Commission

10. 2. 89 No L 38/28 Official Journal of the European Communities

ANNEX

to the Commission Regulation of 9 February 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 0 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 110210 00 100 01 83,00 1102 10 00 200 01 83,00 1102 10 00 300 01 83,00 110210 00 500 01 83,00 110210 00 900 1103 11 10 100 01 189,00 04 230,00 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

10 . 2. 89 Official Journal of the European Communities No L 38 /29

(') 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. (2) 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 1569/77 (OJ No L 174, 14. 7. 1977, p. 15), with the exception of impurities 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).