31992R3289

No L 327/30 Official Journal of the European Communities 13 . 11 . 92

COMMISSION REGULATION (EEC) No 3289/92 of 12 November 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, when the refund on these products is being calculated, Having regard to the Treaty establishing the European account must be taken of the quantities of cereals Economic Community, required for their manufacture ; whereas these quantities were fixed in Commission Regulation No 1 62/67/EEC (*), 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) Whereas the world market situation or the specific No 1738/92 (2), and in particular the fourth subparagraph requirements of certain markets may make it necessary to of Article 16 (2) thereof, vary the refund for certain products according to destina­ tion ;

Whereas Article 16 of Regulation (EEC) No 2727/75 provides that the difference between quotations or prices Whereas the refund must be fixed once a month ; on the world market for the products listed in Article 1 of whereas it may be altered in the intervening period ; 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 the amount of such refunds (3) provides that when refunds tion to each other at any given moment within a band are being fixed, account must be taken of the existing of 2,25 % a rate of exchange based on their central situation and the future trend with regard to prices and rate, multiplied by the corrective factor provided for in availabilities of cereals on the Community market on the the last paragraph of Article 3 (1 ) of Council Regula­ one hand, and prices for cereals and cereal products on tion (EEC) No 1676/85 (8), as last amended by Regula­ the world market on the other ; whereas the same Article tion (EEC) No 2205/90 (9), provides that it is also important to ensure equilibrium and the natural development of prices and trade on cereal — for the other currencies, an exchange rate based on an 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 850 000 tonnes of soft wheat to certain destinations ; Whereas it follows from applying the detailed rules set whereas the procedure laid down in Article 9 (4) of out above to the present situation on the market in Commission Regulation (EEC) No 891 /89 (4), as last cereals, and in particular to quotations or prices for these amended by Regulation (EEC) No 2804/92 Q, should be products within the Community and on the world used ; whereas account should be taken of this when the market, that the refunds should be as set out in the refunds are 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 . 0 OJ No L 53, 28 . 2. 1992, p. 15. 0 OJ No L 171 , 26. 6. 1992, p. 47. («) OJ No L 164, 24. 6. 1985, p. 1 . (J) 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. (I0) OJ No L 151 , 3. 6. 1992, p. 4. 0 OJ No L 282, 26. 9. 1992, p. 40. (") OJ No L 205, 22. 7. 1992, p. 2.

13 . 11 . 92 Official Journal of the European Communities No L 327/31

trade between the Community and the Republics of HAS ADOPTED THIS REGULATION : 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.

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 13 November Committee for Cereals, 1992.

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

Done at Brussels, 12 November 1992.

For the Commission Ray MAC SHARRY Member of the Commission

No L 327/32 Official Journal of the European Communities 13 . 11 . 92

ANNEX

to the Commission Regulation of 12 November 1992 fixing 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 — — 1001 10 90 000 04 50,00 02 20,00 1001 90 91 000 01 0 1001 90 99 000 04 67,00 05 21,00 06 82,00 (3) 07 82,00 (4) 02 20,00 1002 00 00 000 03 21,00 02 20,00 1003 00 10 000 08 65,00 02 0 1003 00 90 000 04 65,00 02 20,00 1004 00 10 000 — — 1004 00 90 000 — — 1005 10 90 000 — — 1005 90 00 000 04 80,00 02 0 1007 00 90 000 — — 1008 20 00 000 — — 1101 00 00 100 * 01 100,00 1101 00 00 130 01 94,00 1101 00 00 150 01 87,00 1101 00 00 170 01 80,00 1101 0000 180 01 75,00 1101 00 00 190 — — 1101 00 00 900 — — 1102 10 00 500 01 100,00 1102 10 00 700 — — 1102 10 00 900 — — 1103 11 10 200 01 140,00 1103 11 10 400 01 120,00 1103 11 10 900 01 0 1103 11 90 200 01 100,00 1103 11 90 800 — —

13 . 11 . 92 Official Journal of the European Communities No L 327/33

(') 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 Poland, 06 Algeria, 07 Egypt, 08 zone II c). (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 lown 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. (4) Refund fixed under the procedure laid lown in Article 9 (4) of amended Regulation (EEC) No 891 /89 in respect of a quantity of 600 000 tonnes of soft wheat flour destined for Egypt

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