31990R2746

No L 264/28 Official Journal of the European Communities 27. 9 . 90

COMMISSION REGULATION (EEC) No 2746/90 of 26 September 1990 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 shall be fixed by tender ; Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the. market in oils and fats ('), as last amended by Regulation (EEC) No 2902/89 (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 (3), 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 Whereas, in view of the present circumstances in the these prices may be covered by a refund when olive oil is German Democratic Republic and their effects on the exported to third countries ; market situation, no refund should be fixed for products to be exported to that destination ; Whereas the detailed rules for fixing and granting export refunds on olive oil are contained in Regulation (EEC) No 1650/86 and Commission Regulation (EEC) No Whereas Article 3 (1 ) of Regulation (EEC) No 1650/86 616/72 (4), as last amended by Regulation (EEC) No provides that the refund must be fixed at least once every 2962/77 O ; month ; whereas it may, if necessary, be altered in the intervening period ; Whereas the first indent of Article 2 of Regulation (EEC) No 1650/86 provides that the refund must be the same for the whole Community ; Whereas it follows from applying these detailed rules to the present situation on the market in olive oil and in particular to olive oil prices within the Community and Whereas, in accordance with Article 4 of Regulation on the markets of third countries that the refund should (EEC) No 1650/86, the refund for olive oil must be fixed be as set out in the Annex hereto ; in the light of the existing situation and outlook in rela­ tion to olive oil prices and availability on the Community market and olive oil prices on the world market ; Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis : Whereas, however, where the world market situation is such that the most favourable olive oil prices cannot be — in the case of currencies which are maintained in rela­ determined, account may be taken of the price of the tion to each other at any given moment within a band main competing vegetable oils on the world market and of 2,25 % , a rate of exchange based on their central the difference recorded between that price and the price rate, multiplied by the corrective factor provided for in of olive oil during a representative period ; the last paragraph of Article 3 ( 1 ) of Council Regula­ tion (EEC) No 1676/85 (6), as last amended by Regula­ (') OJ No 172, 30 . 9 . 1966, p. 3025/66. tion (EEC) No 2205/90 j7), (2) OJ No L 280, 29 . 9 . 1989, p. 2. O OJ No L 145, 30 . 5. 1986, p. 8 . 0 OJ No L 78 , 31 . 3. 1972, p. 1 . («) OJ No L 164, 24. 6. 1985, p. 1 . 4 OJ No L 348, 30. 12. 1977, p. 53. O OJ No L 201 , 31 . 7. 1990, p. 9 .

27 . 9 . 90 No L 264/29 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION : — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official Journal of the European Communities, C series, over Article 1 a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent ; 1 . The export refunds on the products listed in Article 1 (2) (c) of Regulation No 136/66/EEC shall be as set out Whereas, pursuant to Article 275 of the Act of Accesion, in the Annex hereto . refunds may be granted in the case of exports to Portugal ; whereas, in the light of the situation and the level of 2. No refund shall be fixed for such products exported prices no refund should be fixed in the case of exports to to the German Democratic Republic. Portugal ;

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 1990.

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

Done at Brussels, 26 September 1990.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 26 September 1990 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 73,00 1509 90 00 900 105,09 1510 00 90 100 15,50 1510 00 90 900 46,90

(') For destinations mentioned in Article 5 of amended Commission Regulation (EEC) No 3665/87 (OJ No L 351 , 14. 12. 1987, p. 1 ), as well as for exports to third countries.

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 ).