31990R3440

No L 333/ 15 30 . 11 . 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3440/90 of 29 November 1990 fixing the export refunds on olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES, the difference recorded between that price and the price of olive oil during a representative period ;

Having regard to the Treaty establishing the European Economic Community, 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 Act of Accession of Spain and priate, to take account of export costs for the products on Portugal, the world market ;

Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common Whereas, in accordance with Article 5 of Regulation organization of the market in oils and fats ('), as last (EEC) No 1650/86, it may be decided that the refund amended by Regulation (EEC) No 2902/89 (2), shall be fixed by tender ;

Having regard to Council Regulation (EEC) No 1650/86 Whereas the tendering procedure should cover the of 26 May 1986 on export refunds and levies on olive amount of the refund and may be limited to certain coun­ oil (3), and in particular the first sentence of Article 3 ( 1 ) tries of destination, quantities, qualities and presenta­ thereof, tions ;

Having regard to the opinion of the Monetary Committee, Whereas the second indent of Article 2 of Regulation (EEC) No 1650/86 provides that the refund on olive oil may be varied according to destination where the world Whereas Article 20 of Regulation No 136/66/EEC market situation or the specific requirements of certain provides that, where prices within the Community are markets make this necessary ; higher than world market prices, the difference between these prices may be covered by a refund when olive oil is exported to third countries ; Whereas Article 3 ( 1 ) of Regulation (EEC) No 1650/86 provides that the refund must be fixed at least once every month ; whereas it may, if necessary, be altered in the Whereas the detailed rules for fixing and granting export refunds on olive oil are contained in Regulation (EEC) No intervening period ; 1650/86 and Commission Regulation (EEC) No 616/72 (% as last amended by Regulation (EEC) No Whereas it follows from applying these detailed rules to 2962/77 Is) ; the present situation on the market in olive oil and in particular to olive oil prices within the Community and Whereas the first indent of Article 2 of Regulation (EEC) on the markets of third countries that the refund should No 1650/86 provides that the refund must be the same be as set out in the Annex hereto ; for the whole Community ;

Whereas, if the refund system is to operate normally, Whereas, in accordance with Article 4 of Regulation refunds should be calculated on the following basis : (EEC) No 1650/86, the refund for olive oil must be fixed in the light of the existing situation and outlook in rela­ — in the case of currencies which are maintained in rela­ tion to olive oil prices and availability on the Community tion to each other at any given moment within a band market and olive oil prices on the world market ; of 2,25 % , a rate of exchange based on their central rate, multiplied by the corrective factor provided for in Whereas, however, where the world market situation is the last paragraph of Article 3 (1 ) of Council Regula­ such that the most favourable olive oil prices cannot be tion (EEC) No 1676/85 (6), as last amended by Regula­ determined, account may be taken of the price of the tion (EEC) No 2205/90 0, main competing vegetable oils on the world market and — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official (') OJ No 172, 30 . 9. 1966, p. 3025/66. Journal of the European Communities, C series, over (2) OJ No L 280, 29 . 9. 1989, p. 2. O OJ No L 145, 30. 5. 1986, p. 8 . (4) OJ No L 78, 31 . 3 . 1972, p. 1 . («) OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 348 , 30 . 12. 1977, p. 53. O OJ No L 201 , 31 . 7. 1990, p. 9 .

No L 333/ 16 30 . 11 . 90 Official Journal of the European Communities

HAS ADOPTED THIS REGULATION a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent ; Article 1 Whereas, pursuant to Article 275 of the Act of Accesion, refunds may be granted in the case of exports to Portugal ; The export refunds on the products listed in Article 1 (2) whereas, in the light of the situation and the level of (c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto . prices no refund should be fixed in the case of exports to Portugal ; Article 2 Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management This Regulation shall enter into force on 1 December Committee for Oils and Fats, 1990 .

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

Done at Brussels, 29 November 1990 .

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 29 November 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 70,67 1509 90 00 900 105,09 1510 00 90 100 15,50 1510 00 90 900 46,90

(') For destinations mentioned in Article 34 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 ).