31991R3462

No L 327 /26 Official Journal of the European Communities 29 . 11 . 91

COMMISSION REGULATION (EEC) No 3462/91 of 28 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 1 62/67/EEC (6), 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 Having regard to Council Regulation (EEC) No 2727/75 vary the refund for certain products according to destina­ of 29 October 1975 on the common organization of the tion ; 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 of Article 16 (2) thereof, whereas it may be altered in the intervening period ;

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 : Whereas Article 16 of Regulation (EEC) No 2727/75 — in the case of currencies which are maintained in rela­ 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 Whereas export possibilities exist for a quantity of tion (EEC) No 2205/90 0, 250 000 tonnes of soft wheat flour to certain destinations ; whereas the procedure laid down in Article 9 (4) of — for the other currencies, an exchange rate based on an Commission Regulation (EEC) No 891 /89 (3), as last average of the ecu rates published in the Official amended by Regulation (EEC) No 675/91 (4), should be Journal of the European Communities, C series, over used ; whereas account should be taken of this when the a period to be determined, multiplied by the coeffi­ refunds are fixed ; cient referred to in the preceding indent ;

Whereas it follows from applying the detailed rules set Whereas Article 2 of Council Regulation (EEC) No out above to the present situation on the market in 2746/75 of 29 October 1975 laying down general rules for cereals, and in particular to quotations or prices for these granting export refunds on cereals and criteria for fixing products within the Community and on the world the amount of such refunds (*) provides that when refunds market, that the refunds should be as set out in the are being fixed, account must be taken of the existing Annex hereto ; situation and the future trend with regard to prices and availabilities of cereals on the Community market on the Whereas the Management Committee for Cereals has not one hand, and prices for cereals and cereal products on the world market on the other ; whereas the same Article delivered an opinion within the time limit set by its chairman, provides that it is also important to ensure equilibrium 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 29 November required for their manufacture ; whereas these quantities 1991 .

(') OJ No L 281 , 1 . 11 . 1975, p. 1 . O OJ No L 353, 17. 12. 1990, p. 23. (6) OJ No 128 , 27. 6. 1967, p. 2574/67. 0 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. (■) OJ No L 164, 24. 6. 1985, p. 1 . 0 OJ No L 281 , 1 . 11 . 1975, p. 78 . (') OJ No L 201 , 31 . 7. 1990, p. 9 .

29 . 11 . 91 Official Journal of the European Communities No L 327/27

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

Done at Brussels, 28 November 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

No L 327/ 28 Official Journal of the European Communities 29 . 11 . 91

ANNEX

to the Commission Regulation of 28 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 06 96,00 (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 01 114,00 1101 00 00 130 01 106,00 1101 00 00 150 01 97,00 1101 00 00 170 01 89,00 1101 00 00 180 01 83,00 1101 00 00 190 — I

1101 00 00 900 — 1102 10 00 600 01 114,00 1102 10 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 01 114,00 1103 11 90 900 — —

29 . 11 . 91 Official Journal of the European Communities No L 327/29

(') 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 The People's Republic of China, 08 Zone II b). (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 250 000 tonnes of soft wheat flour destined for Algeria.

A® .• 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).