31989R3878

No L 374/76 Official Journal of the European Communities 22 . 12. 89

COMMISSION REGULATION (EEC) No 3878/89 of 21 December 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 3707/89 (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 Having regard to the opinion of the Monetary Committee, the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1 676/85 f), as last amended by Regula­ tion (EEC) No 1 636/87 (8), Whereas Article 16 (4) of Regulation (EEC) No 2727/75 provides that the export refund applicable to cereals on — for other currencies, an exchange rate based on the the day on which application for an export licence is arithmetic mean of the spot market rates of each of made, adjusted for the threshold price in force during the these currencies recorded over a given period in rela­ month of exportation, must be applied on request to tion to the Community currencies referred to in the exports to be effected during the period of validity of the preceding indent, and the aforesaid coefficient ; export licence ; whereas, in this case, a corrective amount must be applied to the refund ; Whereas it follows from applying the provisions set out 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 (*), 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 cereals ; Article 1

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 taken of the existing situation and the future trend with as set out in the Annex hereto. 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 . (2) OJ No L 363, 13. 12. 1989, p. 1 . This Regulation shall enter into force on 1 January 1990. (3) OJ No L 281 , 1 . 11 . 1975, p. 78 . («) OJ No L 281 , 1 . 11 . 1975, p. 65. 0 OJ No L 182, 3. 7. 1987, p. 49. f) OJ No L 164, 24. 6. 1985, p. 1 . V) OJ No L 131 , 22. 5. 1975, p. 15. ¥) OJ No L 153, 13. 6. 1987, p. 1 .

22. 12 . 89 Official Journal of the European Communities No L 374/77

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

Done at Brussels, 21 December 1989. For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 21 December 1989 fixing the corrective amount applicable to die refund on malt

(ECU/tonne) Current 1st period 2nd period 3rd period 4th period 5th period Product code 1 2 3 4 5 6

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 7 8 9 10 11 12

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