31989R3238

No L 314/28 Official Journal of the European Communities 28 . 10 . 89

COMMISSION REGULATION (EEC) No 3238/89 of 27 October 1989 fixing the corrective amount applicable to the refund on malt

THE COMMISSION OF THE EUROPEAN COMMUNITIES, must be taken of the quantity of cereals needed for making malt, the economic aspect of exports and the need to avoid disturbances on the Community market ; Having regard to the Treaty establishing the European Economic Community, Whereas the world market situation or the specific requi­ rements of certain markets may make it necessary to vary Having regard to the Act of Accession of Spain and the corrective amount according to destination • Portugal, Whereas the corrective amount must be fixed at the same Having regard to Council Regulation (EEC) No 2727/75 time as the refund and according to the same procedure ; of 29 October 1975 on the common organization of the whereas it may be altered in the period between fixings ; market in cereals ('), as last amended by Council Regula­ tion (EEC) No 2860/89 (2), Whereas, if the system of corrective amounts is to operate normally, corrective amounts should be calculated on the following basis : Having regard to Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for granting — in the case of currencies which are maintained in rela­ export refunds on cereals and criteria for fixing the tion to each other at any given moment within a band amount of such refunds (3), of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in the last paragraph of Article 3 (1 ) of Council Regula­ Having regard to the opinion of the Monetary Committee, tion (EEC) No 1676/85 Q, as last amended by Regula­ tion (EEC) No 1636/87 (8), Whereas Article 16 (4) of Regulation (EEC) No 2727/75 — for other currencies, an exchange rate based on the provides that the export refund applicable to cereals on arithmetic mean of the spot market rates of each of the day on which application for an export licence is these currencies recorded over a given period in rela­ made, adjusted for the threshold price in force during the tion to the Community currencies referred to in the month of exportation, must be applied on request to preceding indent, and the aforesaid coefficient ; exports to be effected during the period of validity of the export licence ; whereas, in this case, a corrective amount Whereas it follows from applying the provisions set out must be applied to the refund ; above that the corrective amount must be as set out in the Annex hereto ; Whereas Council Regulation (EEC) No 2744/75 of 29 October 1975 on the import and export system for Whereas the measures provided for in this Regulation are products processed from cereals and from rice (4), as last in accordance with the opinion of the Management amended by Regulation (EEC) No 1906/87 0, made Committee for Cereals, possible the fixing of a corrective amount for certain products listed in Article 1 (d) of Regulation (EEC) No 2727/75 ; HAS ADOPTED THIS REGULATION : Whereas Commission Regulation (EEC) No 1281 /75 (*) laid down detailed rules for the advance fixing of export refunds for cereals and certain products processed from Article 1 cereals ; The corrective amount referred to in Article 16 (4) of Whereas, pursuant to that Regulation, when the corrective Regulation (EEC) No 2727/75 which is applicable to amount is being fixed in respect of malt, account must be export refunds fixed in advance in respect of malt shall be as set out in the Annex hereto . taken of the existing situation and the future trend with regard to the possibilities and conditions for the sale of the cereals concerned and of malt on the world market ; whereas the same Regulation also provides that account Article 2

(>) OJ No L 281 , 1 . 11 . 1975, p. 1 . This Regulation shall enter into force on 1 November (2) OJ No L 274, 23. 9. 1989, p. 41 . 1989 . V) OJ No L 281 , 1 . 11 . 1975, p. 78. (4) OJ No L 281 , 1 . 11 . 1975, p. 65. (Ó OJ No L 182, 3. 7. 1987, p. 49. o OJ No L 164, 24. 6. 1985, p. 1 . (*) OJ No L 131 , 22. 5. 1975, p. 15. (8) OJ No L 153, 13. 6. 1987, p. 1 .

28 . 10 . 89 Official Journal of the European Communities No L 314/29

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

Done at Brussels, 27 October 1989 . For the Commission Ray MAG SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 27 October 1989 fixing the corrective amount applicable to the refund on malt

(ECU/tonne) Current 1st period 2nd period 3rd period 4th period 5th period Product code 11 12 1 2 3 4

1107 10 11 000 0 0 0 0 0 0 1107 10 19 000 0 0 0 0 0 0 1107 10 91 000 0 0 0 0 0 0 1107 10 99 000 0 0 0 0 0 0 1107 20 00 000 0 0 0 0 0 0

(ECU/tonne) 6th period 7th period 8th period 9th period 10th period 11th period Product code 5 6 7 8 9 10

1107 10 11 000 0 0 0 0 0 0 1107 10 19 000 0 0 0 0 0 0 1107 10 91 000 0 0 0 0 0 0 1107 1099 000 0 0 0 0 0 0 1107 20 00 000 0 , 0 0 0 0 0