31990R3845

No L 367/ 13 29 . 12. 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3845/90 of 28 December 1990 fixing the premiums to be added to the import levies on cereals, flour and malt

THE COMMISSION OF THE EUROPEAN COMMUNITIES, for which the import licence is valid, this price must be the cif price for shipment during the month preceding the month in which importation is expected to take Having regard to the Treaty establishing the European place ; Economic Community,

Having regard to Regulation (EEC) No 2727/75 of the Whereas this price must be the cif price for shipment Council of 29 October 1975 on the common organization during the month preceding the month in which impor­ of the market in cereals ('), as last amended by Regulation tation is expected to take place in the case of imports to (EEC) No 3577/90 (2), and in particular Article 1 5 (6) be effected during the last two months for which the thereof, import licence is valid ;

Having regard to Council Regulation (EEC) No 1676/85 Whereas the premium shall be ECU 0 if the cif price of 1 1 June 1985 on the value of the unit of account and determined on the day on which the premiums are fixed the exchange rates to be applied for the purposes of the is equal to the cif forward delivery price or exceeds that common agricultural policy (3), as last amended by Regu­ price by not more than ECU 0,151 per tonne ; lation (EEC) No 2205/90 (4), and in particular Article 3 thereof, Whereas the premium may, however, be fixed at a higher level in exceptional circumstances and within certain Having regard to the opinion of the Monetary Committee, specific limits ;

Whereas the scale of premiums to be added to the import Whereas Article 3 of CN code Regulation (EEC) No levies fixed in advance for cereals must include a 1579/74 of the Commission of 24 June 1974 on the premium for the current month and a premium for each procedure for calculating the import levy on products of the three following months ; whereas the amount of processed from cereals and rice and for the advance fixing each premium must be the same throughout the Commu­ of this levy for these products and for compound feeding­ nity ; stuffs manufactured from cereals (*), as last amended by Regulation (EEC) No 1740/78 Q, provides for the addi­ Whereas Regulation (EEC) No 2745/75 of the Council (*) tion of a premium to the levy fixed in advance for laid down rules for the advance fixing of levies on products falling within CN code 1107 ; whereas this cereals ; premium is, per 100 kilograms of processed product, equal to the premium applicable on the day of applica­ Whereas, under the terms of that Regulation, where the tion for an import licence to the quantity of basic product taken as a basis for the calculation of the variable compo­ cif price for a cereal determined on the day on which the nent of the levy ; scale of premiums is fixed is higher than the cif forward delivery price for that cereal, the scale of the premium should, as a general rule, be equal to the difference Whereas, pursuant to Regulation (EEC) No 971 /73 of the between these two prices ; whereas the cif price is that Commission of 9 April 1973 on the advance fixing of the determined in accordance with Article 13 of Regulation levy on wheat and meslin flour (8), a premium is added to (EEC) No 2727/75 on the day on which the scale of the levy fixed in advance for the products falling within premiums is fixed ; whereas the cif forward delivery price CN code 1101 00 00 referred to in Article 1 (c) of Regula­ is also determined in accordance with Article 13 of Regu­ tion (EEC) No 2727/75 ; whereas this premium is, per lation (EEC) No 2727/75 but on the basis of offers at tonne of processed product, equal to the premium appli­ North Sea ports ; whereas this price must be the cif price cable on the date of application for an import licence for for shipment during the month in which the import the basic product, account being taken of the quantity of licence is issued in the case of imports to be effected the basic cereal required for the production of one tonne during that month ; whereas, in the case of imports to be of flour ; effected during the month following the month in which the import licence is issued, this price must be the cif Whereas, in accordance with Article 18(1 ) of Regulation price for shipment during that month ; whereas, in the (EEC) No 2727/75, the nomenclature provided for in this case of imports to be effected during the last two months Regulation is incorporated in the combined nomencla­ ture ; (•) OJ No L 281 , 1 . 11 . 1975, p. 1 . 0 OJ No L 353, 17. 12. 1990, p. 23. 0 OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 168, 25. 6. 1974, p. 7. (4) OJ No L 201 , 31 . 7. 1990, p. 9. o OJ No L 202, 26. 7. 1978, p. 8 . h OJ No L 281 , 1 . 11 . 1975, p. 76. 0 OJ No L 95, 11 . 4. 1973, p. 10.

No L 367/ 14 Official Journal of the European Communities 29 . 12. 90

Whereas, if the levy system is to operate normally, levies whereas the amount of the premiums should be altered should be calculated on the following basis : only if application of the abovementioned provisions — in the case of currencies which are maintained in rela­ entails a change of more than 0,151 ECU, tion to each other at any given moment within a band of 2,25 % , a rate of exchange based on their central rate, multiplied by the coefficient provided for in the HAS ADOPTED THIS REGULATION : last indent of Article 3 (1 ) of Regulation (EEC) No 1676/85, Article 1 — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official The premiums referred to in Article 15 of Regulation Journal of the European Communities, C series, over (EEC) No 2727/75 to be added to the import levies fixed a period to be determined, multiplied by the coeffi­ in advance in respect of cereals and malt shall be as set cient referred to in the preceding indent ; out in the Annex hereto. Whereas these exchange rates being those recorded on 27 December 1990 ; Article 2 Whereas it follows from applying all these provisions that the premiums should be as set out in the Annex hereto ; This Regulation shall enter into force on 1 January 1991 .

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

Done at Brussels, 28 December 1990 .

For the Commission Ray MAC SHARRY Member of the Commission

29 . 12. 90 Official Journal of the European Communities No L 367/ 15

ANNEX

to the Commission Regulation of 28 December 1990 fixing the premiums to be added to the import levies on cereals, flour and malt

A. Cereals and flour (ECU/tonne) Current 1st period 2nd period 3rd period CN code 1 2 3 4

0709 90 60 0 0 0 0 0712 90 19 0 0 0 0 1001 10 10 0 0 0 0 1001 10 90 0 0 0 0 1001 90 91 0 0 0 0 1001 90 99 0 0 0 0 1002 00 00 0 0 0 0 1003 00 10 0 0 0 0 1003 00 90 0 0 0 0 1004 00 10 0 0 0 0 1004 00 90 0 0 0 0 1005 10 90 0 0 0 0 1005 90 00 0 0 0 0 1007 00 90 0 0 0 0 1008 10 00 0 0 0 0 1008 20 00 0 3,27 3,20 3,27 1008 30 00 0 0 0 0 1008 90 90 0 0 0 0 1101 00 00 0 0,18 0,18 0

B. Malt (ECU/tonne) Current 1st period 2nd period 3rd period 4th period CN code 1 2 3 4 5

1107 10 11 0 0 0 0 0 110710 19 0 0 0 0 0 1107 10 91 0 0 0 0 0 1107 10 99 0 0 0 0 0 1107 20 00 0 0 0 0 0