31991R3401

No L 320 / 22 Official Journal of the European Communities 22. 11 . 91

COMMISSION REGULATION (EEC) No 3401/91 of 21 November 1991 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, were fixed in Commission Regulation No 162/67/EEC (% as last amended by Regulation (EEC) No 2849/91 Q ; Having regard to the Treaty establishing the European Economic Community, Whereas the world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destina­ Having regard to Council Regulation (EEC) No 2727/75 tion ; of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) Whereas the refund must be fixed once a month ; No 3577/90 (2), and in particular the fourth subparagraph whereas it may be altered in the intervening period ; of Article 16 (2) thereof, Whereas, if the refund system is to operate normally, Having regard to the opinion of the Monetary Committee, refunds should be calculated on the following basis :

— in the case of currencies which are maintained in rela­ Whereas Article 16 of Regulation (EEC) No 2727/75 provides that the difference between quotations or prices tion to each other at any given moment within a band on the world market for the products listed in Article 1 of of 2,25 % a rate of exchange based on their central that Regulation and prices for those products in the rate, multiplied by the corrective factor provided for in Community may be covered by an export refund ; the last paragraph of Article 3 (1 ) of Council Regula­ tion (EEC) No 1676/85 (8), as last amended by Regula­ tion (EEC) No 2205/90 (9) ; Whereas export possibilities exist for a quantity of 750 000 tonnes of soft wheat flour to certain destinations ; — for the other currencies, an exchange rate based on an whereas the procedure laid down in Article 9 (4) of Regu­ average of the ecu rates published in the Official lation (EEC) No 891 /89 (3), as last amended by Regulation Journal of the European Communities, C series, over (EEC) No 675/91 (4), should be used ; whereas account a period to be determined, multiplied by the coeffi­ should be taken of this when the refunds are fixed ; cient referred to in the preceding indent ;

Whereas Article 2 of Council Regulation (EEC) No Whereas it follows from applying the detailed rules set 2746/75 of 29 October 1975 laying down general rules for out above to the present situation on the market in granting export refunds on cereals and criteria for fixing cereals, and in particular to quotations or prices for these the amount of such refunds (*) provides that when refunds products within the Community and on the world are being fixed, account must be taken of the existing market, that the refunds should be as set out in the situation and the future trend with regard to prices and Annex hereto ; availabilities of cereals on the Community market on the one hand, and prices for cereals and cereal products on Whereas the Management Committee for Cereals has not the world market on the other ; whereas the same Article delivered an opinion within the time limit set by its provides that it is also important to ensure equilibrium chairman, and the natural development of prices and trade on cereal markets and, furthermore, to take into account the economic aspect of the proposed exports and the need to HAS ADOPTED THIS REGULATION : avoid disturbances on the Community market ;

Whereas Article 3 of Regulation (EEC) No 2746/75 Article 1 defines the specific criteria to be taken into account when the refund on cereals is being calculated ; The export refunds on the products listed in Article 1 (a), (b) and (c) of Regulation (EEC) No 2727/75, exported in Whereas these specific criteria are defined, as far as wheat the natural state, shall be as set out in the Annex hereto. and rye flour, groats and meal are concerned, in Article 4 of Regulation (EEC) No 2746/75 ; whereas furthermore, Article 2 when the refund on these products is being calculated, account must be taken of the quantities of cereals This Regulation shall enter into force on 22 November required for their manufacture ; whereas these quantities 1991 .

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . 2) OJ No L 353, 17. 12. 1990, p. 23. p) OJ No 128, 27. 6. 1967, p. 2574/67. (3) OJ No L 94, 7. 4. 1989, p. 13. 0 OJ No L 272, 28. 9. 1991 , p. 62. (4) OJ No L 75, 21 . 3 . 1991 , p. 30. (8) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . 0 OJ No L 201 , 31 . 7. 1990, p. 9.

22. 11 . 91 Official Journal of the European Communities No L 320/23

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

Done at Brussels, 21 November 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

No L 320/24 Official Journal of the European Communities 22 . 11 . 91

ANNEX

to the Commission Regulation of 21 November 1991 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

(ECU / tonne)

Product code Destination (') Amount of refund

0709 90 60 000 — — 0712 90 19 000 — — 1001 10 10 000 — — 1001 10 90 000 04 120,00 05 40,00 06 35,00 02 0 1001 90 91 000 — — 1001 90 99 000 04 77,00 05 32,00 09 99,00 (2) 02 20,00 1002 00 00 000 03 31,00 07 85,00 02 30,00 1003 00 10 000 08 80,00 02 0 1003 00 90 000 04 31,00 05 32,00 02 30,00 1004 00 10 000 — — 1004 00 90 000 — — 1005 10 90 000 — — 1005 90 00 000 04 60,00 02 0 1007 00 90 000 — — 1008 20 00 000 — — 1101 00 00 100 01 122,00 1101 00 00 130 01 114,00 1101 00 00 150 01 105,00 1101 00 00 170 01 97,00 1101 00 00 180 01 91,00 1101 00 00 190 — — 1101 00 00 900 — — 110210 00 600 01 122,00 110210 00 900 — ' — 1103 11 10 100 01 200,00 1103 11 10 200 01 200,00 1103 11 10 500 01 0 1103 11 10 900 01 0 1103 11 90 100 01 122,00 1103 11 90 900 — —

22. 11 . 91 Official Journal of the European Communities No L 320/25

(') The destinations are identified as follows : 01 All third countries, 02 Other third countries, 03 Switzerland, Austria and Liechtenstein, 04 Switzerland, Austria, Liechtenstein, Ceuta and Melilla, 05 The Soviet Union, 06 Algeria, 07 Zone II b), 08 Turkey, 09 People's Republic of China. (2) Refund fixed under the procedure laid down in Article 9 (4) of amended Regulation (EEC) No 891 /89 in respect of a quantity of 750 000 tonnes of soft wheat flour destined for the People's Republic of China.

NB : The zones are those defined in Commission Regulation (EEC) No 1124/77 (OJ No L 134, 28.5. 1977, p. 53), as last amended by Regulation (EEC) No 3049/89 (OJ No L 292, 11 . 10 . 1989, p. 10).