27. 6. 90 Official Journal of the European Communities No L 161/25 COMMISSION REGULATION' (EEC) No 1737/90 of 26 June 1990 amending Regulation (EEC) No 109/80 on the application of the lowest rate of export refund for certain products in the eggs and poultrymeat sectors THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organization -of -the market in eggs ('), as- last amended by Regulation (EEC) No 1235/89 (3, and in -particular Article 9 (3) thereof, Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organization of the market in poultrymeat (*), as last-amended by Regulation (EEC) No 1235/89, and in particular Article 9 (3) thereof, Having regard to Council Regulation (EEC) No 2774/75 of 29 October 1975 laying down general rules for granting export refunds on eggs and the criteria fixing the amount for such refunds (*), and in particular Article 7 (2) thereof, Having regard to Council Regulation (EEC) No 2779/75 of 29 October 1975 laying down general rules for granting export refunds on poultrymeat and criteria for fixing the amount for such refunds (%), and in particular Article 7 (2) thereof, Whereas Commission - Regulation (EEC) No. 105/80 (5) indicates the headings or subheadings of products .for which the fact that no refund on exports to the United States of America is fixed is not to be taken into conside- ration in certain cases; Whereas, to take account of present circumstances in the German :Democratic Republic and their effects .on the market situation, no- refund should be fixed on eggs and ™ poultrymeat products exported to that country ; whereas the fact that the refund is not fixed should not be taken into account for the purposes: of determining the lowest rate of the refund granted ; Whereas - products falling within CN code 160239 11 and for which a refund on export to the United States of () OJ No L 282, 1. 11. 1975, p. 49. () OJ No L 128, 11. 5. 1989, p. 29. () OJ No L 282, 1. 11. 1975, p. 77. () OJ No L 282, 1. 11. 1975, p. €8. () OJ No L 282, 1. 11. 1975, p. 90. (9 OJ No L 14, 19. 1. 1980, p. 30. America or to the German Democratic Republic is not fixed should be added to the products referred to in Regu- lation (EEC) No 109/80; Whereas Article 11 (2) of Commission. Regulation (EEC) No 192/75 (7) was replaced by Atticle 20 (2) of Commis- sion Regulation (EEC) No 3665/87 (%) Whereas the measures provided for in this Regulation are in accordance with  the opinion. of the Management Committee for Poultrymeat and Eggs, HAS ADOPTED THIS REGULATION : Article 1 Article 1 of Regulation (EEC) No 109/80 is hereby replaced by the following: Article: 1 . The fact that no refund is fixed for products falling within CN codes 0105 11, 0105 19, 0207 (excluding 0207 31, 0207 3990 and 0207 50), 0407, 0408 and 160239 11 and- which are exported to the United States ‘of America or the German Democratic Repu- blic shall not-be taken into consideration : — for determining the lowest rate of refund for the purposes of Article 20 (2) of Commission Regula- tion (EEC) No 3665/87 (), — for applying Articles 4 (7) and 5 (3) of Council Regulation (EEC) No 565/80 (). () OJ No L 351, 14. 12. 1987, p. 1. (*) OJ No L 62, 7. 3. 1980, p. 5. Article 2 This- Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply with effect from 2 June 1990. () OJ No L 25, 31. 1. 1975, p. 1. () OJ No L 351, 14. 12. 1987, p. 1.