31993R0804

2. 4. 93 No L 80/22 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 804/93 of 1 April 1993 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 468/92 (J) ; Having regard to the Treaty establishing the European Whereas the world market situation or the specific Economic Community, 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 1738/92 (2), and in particular the fourth subparagraph whereas it may be altered in the intervening period ; of Article 16 (2) thereof, Whereas the representative market rates defined in Article Whereas Article 16 of Regulation (EEC) No 2727/75 1 of Council Regulation (EEC) No 3813/92 (8) are used to provides that the difference between quotations or prices convert amounts expressed in third country currencies on the world market for the products listed in Article 1 of and are used as the basis for determining the agricultural conversion rates of the Member States' currencies whereas that Regulation and prices for those products in the Community may be covered by an export refund ; detailed rules on the application and determination of these conversions were set by Commission Regulation Whereas Article 2 of Council Regulation (EEC) No (EEC) No 3819/92 (9); 2746/75 of 29 October 1975 laying down general rules for Whereas it follows from applying the detailed rules set granting export refunds on cereals and criteria for fixing out above to the present situation on the market in the amount of such refunds (3) provides that when refunds cereals, and in particular to quotations or prices for these are being fixed, account must be taken of the existing products within the Community and on the world situation and the future trend with regard to prices and market, that the refunds should be as set out in the availabilities of cereals on the Community market on the Annex hereto ; one hand, and prices for cereals and cereal products on the world market on the other ; whereas the same Article Whereas Council Regulation (EEC) No 1432/92 (10) as last provides that it is also important to ensure equilibrium amended by Regulation (EEC) No 3534/92 ("), prohibits and the natural development of prices and trade on cereal trade between the Community and the Republics of markets and, furthermore, to take into account the Serbia and Montenegro ; whereas this prohibition does economic aspect of the proposed exports and the need to not apply to certain situations as given in the limitative avoid disturbances on the Community market ; enumeration laid down in Articles 2 and 3 ; whereas this should be taken into account when refunds are fixed ; Whereas export possibilities exist for a quantity of 50 000 tonnes of rye flour and 100 000 tonnes of wheat flour and Whereas the measures provided for in this Regulation are soft wheat flour to certain destinations ; whereas the in accordance with the opinion of the Management procedure laid down in Article 9 (4) of Commission Committee for Cereals, Regulation (EEC) No 891 /89 (4), as last amended by Regu­ lation (EEC) No 3570/92 (*), should be used ; whereas account should be taken of this when the refunds are HAS ADOPTED THIS REGULATION : fixed ;

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 the natural state, shall be as set out in the Annex hereto. 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, 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 2 April 1993. required for their manufacture ; whereas these quantities

6) 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. (2) OJ No L 180, 1 . 7. 1992, p. 1 . (8) OJ No L 387, 31 . 12. 1992, p. 1 . (3) OJ No L 281 , 1 . 11 . 1975, p. 78. 0 OJ No L 387, 31 . 12. 1992, p. 17. 0 OJ No L 94, 7. 4. 1989, p. 13 . H OJ No L 151 , 3 . 6. 1992, p. 4. 0 OJ No L 362, 11 . 12. 1992, p. 51 (") OJ No L 358, 8 . 12. 1992, p. 16.

2 . 4. 93 Official Journal of the European Communities No L 80/23

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

Done at Brussels, 1 April 1993.

For the Commission Rene STEICHEN Member of the Commission

No L 80/24 Official Journal of the European Communities 2. 4. 93

ANNEX

to the Commission Regulation of 1 April 1993 fixing export refunds on cereals and on wheat or rye flour, groats and meal

(ECU/ tonne) (ECU / tonne)

Product code Destination (') Amount of refund (2) Product code Destination (') Amount of refund (2)

0709 90 60 000 — — 1005 90 00 000 04 84,00 02 0 0712 90 19 000 — — 1007 00 90 000 — — 1001 10 00 200 — — 1008 20 00 000 — — 1001 10 00 400 04 50,00 1101 0000 100 01 93,00 (4) 02 20,00 1101 00 00 130 01 87,00 1001 90 91 000 01 0 1101 00 00 150 01 80,00 1101 00 00 170 01 74,00 1001 90 99 000 04 52,00 1101 00 00 180 01 70,00 02 20,00 1101 00 00 190 — — 1002 00 00 000 03 21,00 1101 00 00 900 — — 02 20,00 110210 00 500 01 125,00 (3) 1003 00 10 000 01 0 1102 10 00 700 — —

1003 00 20 000 04 72,00 110210 00 900 — — 02 20,00 1103 11 30200 01 140,00 1103 11 30 900 01 0 1003 00 80 000 04 72,00 1103 11 50 200 01 140,00 02 20,00 1103 11 50 400 01 120,00 1004 00 00 200 — — 1103 11 50 900 01 0 1004 00 00 400 — — 1103 11 90200 01 93,00 (4) 1005 10 90 000 — — 1103 11 90 800 — —

(') 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 . (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 amended 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 rye . flour destined for all third countries. (4) Refund fixed under the procedure laid down in Article 9 (4) of amended Regulation (EEC) No 891 /89 in respect of a quantity of 100 000 tonnes of wheat flour and groats destined to third countries. NB : The zones are those defined in Commission Regulation (EEC) No 2145/92 (OJ No L 214, 30. 7. 1992, p. 20).