31990R2796

No L 265/38 Official Journal of the European Communities 28 . 9 . 90

COMMISSION REGULATION (EEC) No 2796/90 of 27 September 1990 fixing the export refunds on malt

THE COMMISSION OF THE EUROPEAN vary the refund for certain products according to destin­ COMMUNITIES, ation ;

Having regard to the Treaty establishing the European Whereas, in view of the present circumstance in the Economic Community, German Democratic Republic and their effects on the market situation, no refund should be fixed to products to Having regard to the Act of Accession of Spain and be exported to that destination ; Portugal, Whereas, if the refund system is to operate normally, Having regard to Council Regulation (EEC) No 2727/75 refunds should be calculated on the following basis : of 29 October 1975 on the common organization of the — in the case of currencies which are maintained in rela­ market in cereals ('), as last amended by Regulation (EEC) No 1 340/90 (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 1 676/85 (6), as last amended by Regula­ Whereas Article 16 of Regulation (EEC) No 2727/75 tion (EEC) No 2205/90 0, provides that the difference between quotations or prices — for the other currencies, an exchange rate based on an on the world market for the products listed in Article 1 of average of the ecu rates published in the Official those Regulations and prices for those products within Journal of the European Communities, C series, over the Community may be covered by an export refund ; a period to be determined, multiplied by the coeffi­ Whereas Article 2 of Council Regulation (EEC) No cient referred to in the preceding indent ; 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 are being fixed account must be taken of the existing Whereas, pursuant to Article 275 of the Act of Accession, 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 the world market on the other ; whereas the same Article prices no refund should be fixed in the case of exports to Portugal ; provides that it is also important to ensure equilibrium and the natural development of prices and trade on cereal Whereas the measures provided for in this Regulation are markets and, furthermore, to take into account the in accordance with the opinion of the Management economic aspect of the proposed exports, and the need to Committee for Cereals, avoid disturbances on the Community market ;

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

Whereas the world market situation or the specific requirements of certain markets may make it necessary to Article 2

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . This Regulation shall enter into force on 1 October 1990. (2) OJ No L 134, 28. 5. 1990, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . (*) OJ No L 281 , 1 . 11 . 1975, p. 65. («) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 182, 3 . 7. 1987, p. 49. o OJ No L 201 , 31 . 7. 1990, p. 9 .

28 . 9 . 90 Official Journal of the European Communities No L 265/39

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

Done at Brussels, 27 September 1990.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 27 September 1990 fixing the export refunds on malt

(ECU / tonne)

Product code Refund

1107 10 19 000 126,00 110710 99 000 144,00 1107 20 00 000 167,00

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 ).