31992R2317

7. 8 . 92 No L 222/57 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2317/92 of 6 August 1992 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas these specific criteria are defined, as far as wheat and rye flour, groats and meal are concerned, in Article 4 of Regulation (EEC) No 2746/75 ; whereas furthermore, Having regard to the Treaty establishing the European when the refund on these products is being calculated, Economic Community, account must be taken of the quantities of cereals required for their manufacture ; whereas these quantities were fixed in Commission Regulation No 1 62/67/EEC (6), as last amended by Regulation (EEC) No 468/92 Q ; Having regard to Council Regulation (EEC) No 2727/75 of 29 October 1975 on the common organization of the market in cereals ('), as last amended by Regulation (EEC) No 1 738/92 (2), and in particular the fourth subparagraph Whereas the world market situation or the specific of Article 16 (2) thereof, requirements of certain markets may make it necessary to vary the refund for certain products according to destina­ tion ;

Whereas Article 16 of Regulation (EEC) No 2727/75 Whereas the refund must be fixed once a month ; provides that the difference between quotations or prices whereas it may be altered in the intervening period ; on the world market for the products listed in Article 1 of that Regulation and prices for those products in the Community may be covered by an export refund ; Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis : Whereas Article 2 of Council Regulation (EEC) No 2746/75 of 29 October 1975 laying down general rules for — in the case of currencies which are maintained in rela­ granting export refunds on cereals and criteria for fixing tion to each other at any given moment within a band the amount of such refunds (3) provides that when refunds of 2,25 % a rate of exchange based on their central are being fixed, account must be taken of the existing rate, multiplied by the corrective factor provided for in situation and the future trend with regard to prices and the last paragraph of Article 3 (1 ) of Council Regula­ availabilities of cereals on the Community market on the tion (EEC) No 1676/85 (8), as last amended by Regula­ one hand, and prices for cereals and cereal products on tion (EEC) No 2205/90 O, the world market on the other ; whereas the same Article provides that it is also important to ensure equilibrium — for the other currencies, an exchange rate based on an and the natural development of prices and trade on cereal markets and, furthermore, to take into account the average of the ecu rates published in the Official economic aspect of the proposed exports and the need to Journal of the European Communities, C series, over avoid disturbances on the Community market ; a period to be determined, multiplied by the coeffi­ cient referred to in the preceding indent ;

Whereas export possibilities exist for a quantity of 50 000 tonnes of soft wheat flour to certain destinations ; whereas Whereas it follows from applying the detailed rules set the procedure laid down in Article 9 (4) of Commission out above to the present situation on the market in Regulation (EEC) No 891 /89 (4), as last amended by Regu­ cereals, and in particular to quotations or prices for these lation (EEC) No 337/92 (5), should be used ; whereas products within the Community and on the world account should be taken of this when the refunds are market, that the refunds should be as set out in the fixed ; Annex hereto ;

Whereas Article 3 of Regulation (EEC) No 2746/75 Whereas Council Regulation (EEC) No 1432/92 (10), as defines the specific criteria to be taken into account when amended by Regulation (EEC) No 2015/92 ("), prohibits the refund on cereals is being calculated ; (<) OJ No 128, 27. 6. 1967, p. 2574/67. (') OJ No L 281 , 1 . 11 . 1975, p. 1 . f) OJ No L 53, 28 . 2. 1992, p. 15. (2) OJ No L 171 , 26. 6. 1992, p. 47 . (8) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 78 . O OJ No L 201 , 31 . 7. 1990, p. 9 . 0 OJ No L 94, 7. 4. 1989, p. 13. (10) OJ No L 151 , 3. 6. 1992, p. 4. 0 OJ No L 36, 13. 2. 1992, p. 15. (") OJ No L 205, 22. 7. 1992, p. 2.

No L 222/58 Official Journal of the European Communities 7. 8. 92

HAS ADOPTED THIS REGULATION : trade between the Community and the Republics of Serbia and Montenegro ; whereas this prohibition does not apply to certain situations as given in the limitative Article 1 enumeration laid down in Articles 2 and 3 ; whereas this should be taken into account when refunds are fixed ; The export refunds on the products listed in Article 1 (a), (b) and (c) of Regulation (EEC) No 2727/75, exported in the natural state, shall be as set out in the Annex hereto .

Whereas the measures provided for in this Regulation are Article 2 in accordance with the opinion of the Management Committee for Cereals, This Regulation shall enter into force on 7 August 1992.

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

Done at Brussels, 6 August 1992.

For the Commission Ray MAC SHARRY Member of the Commission

7. 8 . 92 Official Journal of the European Communities No L 222/59

ANNEX

to the Commission Regulation of 6 August 1992 fixing the export refunds on cereals and on wheat or rye flour, groats and meal

(ECU / tonne) Product code Destination (') Amount of refund (2)

0709 90 60 000 0712 90 19 000 — — 1001 10 10 000 06 122,00 02 0 1001 10 90 000 04 50,00 02 20,00 1001 90 91 000 06 71,00 02 0 1001 90 99 000 04 60,00 05 80,00 0 02 20,00 1002 00 00 000 03 21,00 02 20,00 1003 00 10 000 — — 1003 00 90 000 04 40,00 02 20,00 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 96,00 1101 00 00 130 01 90,00 1101 00 00 150 01 83,00 1101 00 00 170 01 76,00 1101 00 00 180 01 71,00 1101 00 00 190 — — 1101 00 00 900 — — 1102 10 00 500 01 96,00 1102 10 00 700 — — 1102 10 00 900 — — 1103 11 10 200 01 166,50 1103 11 10 400 01 148,00 1103 11 10 900 01 0 1103 11 90 200 01 96,00 1103 11 90 800 — —

No L 222/60 Official Journal of the European Communities 7. 8 . 92

(') 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 Tunisia, 06 Algeria. (2) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council Regulation (EEC) No 1432/92. (3) Refund fixed under the procedure laid down in Article 9 (4) of amended Regulation (EEC) No 891 /89 in respect of a quantity of 50 000 tonnes of soft wheat flour destined for Tunisia.

NB : The zones are those defined in Commission Regulation (EEC) No 2145/92 (OJ No L 214, 30. 7. 1992, p. 20).