31990R1922

No L 173/42 Official Journal of the European Communities 6 . 7 . 90

COMMISSION REGULATION (EEC) No 1922/90 of 5 July 1990 fixing the export refunds on malt

THE COMMISSION OF THE EUROPEAN Whereas the world market situation or the specific COMMUNITIES, requirements of certain markets may make it necessary to vary the refund for certain products according to destin­ ation ; Having regard to the Treaty establishing the European Economic Community, Whereas, in view of the present circumstance in the German Democratic Republic and their effects on the Having regard to the Act of Accession of Spain and market situation, no refund should be fixed fo products to Portugal, be exported to that destination ;

Having regard to Council Regulation (EEC) No 2727/75 Whereas, if the refund system is to operate normally, of 29 October 1975 on the common organization of the refunds should be calculated on the following basis : market in cereals ('), as last amended by Regulation (EEC) — in the case of currencies which are maintained in rela­ No 1340/90 (2), and in particular the fourth subparagraph tion to each other at any given moment within a band of Article 16 (2) thereof, 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 1676/85 0, as last amended by Regula­ Whereas Article 16 of Regulation (EEC) No 2727/75 tion (EEC) No 1636/87 0, provides that the difference between quotations or prices — for other currencies, an exchange rate based on the on the world market for the products listed in Article1 1 of arithmetic mean of the spot market rates of each of those Regulations and prices for those products within these currencies recorded for a given period in rela­ the Community may be covered by an export refund ; tion to the Community currencies referred to in the previous indent and the aforesaid coefficient ; Whereas Article 2 of Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for Whereas the refund must be fixed once a month ; granting export refunds on cereals and criteria for fixing whereas it may be altered in the intervening period ; the amount of such refunds (3) provides that when refunds Whereas, pursuant to Article 275 of the Act of Accession, are being fixed account must be taken of the existing situation and the future trend with regard to prices and refunds may be granted in the case of exports to Portugal ; availabilities of , cereals on the Community market on the whereas, in the light of the situation and the level of one hand and prices for cereals and cereal products on prices no refund should be fixed in the case of exports to the world market on the other ; whereas the same Article Portugal ; provides that it is also important to ensure equilibrium Whereas the measures provided for in this Regulation are and the natural development of prices and trade on cereal markets and, furthermore, to take into account the in accordance with the opinion of the Management Committee for Cereals, economic aspect of the proposed exports, and the need to avoid disturbances on the Community market ;

HAS ADOPTED THIS REGULATION : Whereas Council Regulation (EEC) No 2744/75 of 29 October 1975 on the import and export system for products processed from cereals and from rice (4), as last Article 1 amended by Regulation (EEC) No 1906/87 (*), defines the specific criteria to be taken into account when the refund The export refunds on malt listed in Article 1 (d) of Regu­ on these products is being calculated ; lation (EEC) No 2727/75 subject to Regulation (EEC) No 2744/75 shall be as set out in the Annex hereto . Whereas it follows from applying these detailed rules to the present situation on the market in products processed The refund on export to Portugal and the German from cereals and rice that the export refund should be Democratic Republic has not been fixed. fixed at an amount which will cover the difference between Community prices and world market prices ; Article 2

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . This Regulation shall enter into force on 6 July 1990 . (2) OJ No L 134, 28 . 5 . 1990, p . 1 . O OJ No L 281 , 1 . 11 . 1975, p . 78 . (4) OJ No L 281 , 1 . 11 . 1975, p. 65. (6) OJ No L 164, 24. 6. 1985, p. 1 . (4 OJ No L 182, 3. 7. 1987, p. 49 . O OJ No L 153, 13 . 6. 1987, p. 1 .

6 . 7 . 90 Official Journal of the European Communities No L 173/43

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

Done at Brussels, 5 July 1990 .

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 5 July 1990 fixing the export refunds on malt

(ECU / tonne) Product code Refund

1107 10 19 000 50,00 1107 10 99 000 80,00 1107 20 00 000 90,00

NB : The product codes and the footnotes are defined in amended Commission Regulation (EEC) No 3846/87 (OJ No L 366, 24. 12. 1987, p. 1 ).