31989R2937

30 . 9 . 89 Official Journal of the European Communities No L 281 /39

COMMISSION REGULATION (EEC) No 2937/89 of 29 September 1989 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 Regulation No 136/66/EEC of the shall be fixed by tender ; Council of 22 September 1966 on the establishment of a common organization of the market in oils and fate ('), as last amended by Regulation (EEC) No 1225/89 (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 (J), 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 Regulation (EEC) No 616/72 (4) of the Whereas it follows from applying these detailed rules to Commission, 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, refunds should be calculated on the following basis : Whereas, in accordance with Article 4 of Regulation (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 such that the most favourable olive oil prices cannot be tion (EEC) No 1676/85 (®), as last amended by Regula­ tion (EEC) No 1 636/87 f), 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 ; (2) OJ No L 128, 11 . 5. 1989, p. 15. (J) 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 .

No L 281 /40 Official Journal of the European Communities 30 . 9 . 89

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

Whereas the measures provided for in this Regulation are Article 2 in accordance with the opinion of the Management Committee for Oils and Fats, This Regulation shall enter into force on 1 October 1989.

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

Done at Brussels, 29 September 1989.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 29 September 1989 fixing the export refunds on olive oil

(ECU/100 kg) Product code Amount of refund (')

1509 10 90 100 63,50 1509 10 90 900 99,50 1509 90 00 100 72,00 1509 90 00 900 105,09 1510 00 90 100 16,50 1510 00 90 900 50,50

(') 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 ).