CELEX: 31990R2812
Language: en
Date: 1990-09-29
Title: Commission Regulation (EEC) No 2812/90 of 28 September 1990 fixing the export refunds on oil seeds

29 . 9 . 90                               Official Journal of the European Communities                            No L 268 /31
                                     COMMISSION REGULATION (EEC) No 2812/90
                                                      of 28 September 1990
                                            fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          1990/91 marketing year were fixed by Regulations (EEC)
                                                                     No 1317/90 (l0) and (EEC) No 1318 /90 (11);
Having regard to the Treaty establishing the European
Economic Community,                                                 Whereas the prices fixed by the Council are to be reduced
                                                                     in accordance with Article 2 of Commission Regulation
                                                                     (EEC) No 784/90 of 29 March 1990 fixing the reducing
Having regard to the Act of Accession of Spain and                   coefficient for agricultural prices in the 1990/91 marke­
Portugal,
                                                                     ting year as a result of the monetary realignment of 5
                                                                     January 1990 and amending the prices and amounts fixed
Having regard to Council Regulation No 136/66/EEC of                 in ecus for that marketing year (12) ;
22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 2902/89 (2),                          Whereas Article 28 of Regulation No 136/66/EEC
                                                                     provides that a refund may be granted on exports to third
                                                                     countries of oil seeds harvested within the Community ;
Having regard to Council Regulation No 142/67/EEC of                 whereas the amount of this refund may not exceed the
21 June 1967 on export refunds on colza, rape and                    difference between prices within the Community and
sunflower seeds (3), as last amended by the Act of Acces­            prices on the world market where the former are higher
sion of Greece, and in particular the first sentence of              than the latter ; whereas Article 21 of Regulation No
Article 2 (3) thereof,                                               136/66/EEC provides that, at present, Article 28 of that
                                                                     Regulation applies only to colza, rape and sunflower
                                                                     seeds ;
Having regard to Council Regulation (EEC) No 1678/85
of 11 June 1985 fixing the conversion rates to be applied
in agriculture (4), as last amended by Regulation (EEC) No           Whereas the refund for colza and rape seeds produced in
2496/90 0,                                                           Spain or Portugal is adjusted in accordance with Council
                                                                     Regulation (EEC) No 478/86 (» 3) ;
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,
rape and sunflower seed (6), as last amended by Regulation           Whereas Article 3 of Regulation No 142/67/EEC provides
(EEC) No 2206/90 Q, and in particular Article 2 (3)                  that when the refund is being calculated account must be
thereof,                                                             taken of prices ruling on the various Community markets
                                                                     which are representative from the point of view of proces­
                                                                     sing and exportation ; the most favourable quotations
Having regard to Commission Regulation (EEC) No                      recorded on the various markets of importing third coun­
2041 /75 of 25 July 1975 on special detailed rules for the           tries and costs incurred in placing the goods on the world
application of the system of import and export licences              market ; whereas, when the amount of the refund is being
and advance fixing certificates for oils and fats (8), as last       fixed, account must also be taken of the level of market
amended by Regulation (EEC) No 2662/87 (9), and in                   prices within the Community for the oil seeds referred to
particular Article 13 thereof,                                       in Article 21 of Regulation No 136/66/EEC and the
                                                                     future trend of these prices ; whereas, furthermore,
                                                                     account should be taken of the economic aspect of the
Having regard to the opinion of the Monetary Committee,              proposed exports and the situation in the Community
                                                                     regarding the supply of and demand for these seeds ;
Whereas, the target price and the monthly increases in
the target price for colza, rape and sunflower seed for the          Whereas the abatement of the subsidy for colza and tape
                                                                     seed wich arises from the system of maximum guaranteed
(') OJ   No 172, 30. 9 . 1966, p. 3025/66.                           quantities for the 1990/91 marketing year has been fixed
(2) OJ   No L 280, 29 . 9. 1989, p. 2.                               by Commission Regulation (EEC) No 2509/90 (14) ;
(3) OJ   No 125, 26. 6. 1967, p. 2461 /67.
(4) OJ   No L 164, 24. 6. 1985, p. 11 .
0   OJ   No L 236', 31 . 8. 1990, p. 8.                              (10) OJ No L 132, 23. 5. 1990, p. 9.
(*) OJ   No L 167, 25. 7. 1972, p. 9.                                 ") OJ No L 132, 23 . 5. 1990, p. 11 .
0   OJ   No L 201 , 31 . 7. 1990, p. 11 .                            (12) OJ No L 83, 30. 3. 1990, p. 102.
(8) OJ   No L 213, 11 . 8 . 1975, p. 1 .                             O OJ No L 53, 1 . 3 . 1986, p. 55.
O   OJ   No L 252, 3. 9. 1987, p. 6.                                 H OJ No L 237, 1 . 9. 1990, p. 52.
 ---pagebreak--- No L 268 /32                                Official Journal of the European Communities                                 29 . 9 . 90
Whereas Article 1 of Commission Regulation (EEC) No                        — the conversion rate resulting from the central rate
651 /71 of 29 March 1971 on certain detailed rules for the                     of the correcting factor referred to in Article 6 (1 )
application of export refunds on oil seeds ('), as last                        of Regulation (EEC) No 1677/85 (16) as last
amended by Regulation (EEC) No 1815/84 (2), provides                           amended by Regulation (EEC) No 2205/90 (17).
that the amount of the refund must be calculated on the
basis of the weight of exported seeds ; whereas this weight
must be adjusted to take account of any differences                   (b) In the case of Member States other than those referred
between the percentages of moisture and impurities found                   to in (a), the difference between :
to exist and those used to define the standard quality for
which the target price is fixed ; whereas, when this adjust­               — the agricultural conversion rate, and
ment is being made, the weight of the exported seeds
must be increased by the amount of the difference                          — the average rate of the ecu as published in the C
between the actual moisture and impurities content and                         Series of the Official Journal of the European
that used to define the standard quality if the former is                      Communities during a period to be determined,
lower than the latter ; whereas, if the opposite applies, the                  multiplied by the factor referred to in the second
weight of the exported seeds must be reduced by the                            indent of (a).
same amount ;
                                                                       Whereas pursuant to Article 2 (2) of Regulation (EEC) No
                                                                       1569/72 forward differential amounts are to be deter­
                                                                       mined where the forward exchange rate for one or more
Whereas the standard quality referred to above was                     currencies differs from the spot rate by at least a given
defined in Article 2 of Council Regulation (EEC) No                    percentage ; whereas this percentage has been fixed at 0,5
 1 102/84 (3) ;                                                        by Regulation (EEC) No 1813/84 ;
                                                                       Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                       and forward exchange rates and the period to be used for
Whereas Article 2 of Regulation No 142/67/EEC provides                 calculating the differential amounts ; whereas in cases
that the refund may be varied according to destination                 where, for one or more months, quotations of forward
where the world market situation or the specific require­              exchange rates are not available, the rates adopted for the
ments of certain markets make this necessary ;                         previous months or the following months, as the case may
                                                                       be, must be used :
                                                                       Whereas it follows from applying these provisions to the
Whereas Article 4 of Regulation (EEC) No 651 /71                       current situation of the oil seeds market and to the rates
provides for the publication of the amount of the final                or prices of these products that, pursuant to Article 4 of
refund obtained from the conversion into each of the                   Regulation (EEC) No 651 /71 , the amount of the refund in
national currencies of the amount of the refund in ecus                ecus and the amount of the final refund in each of the
plus or minus the differential amount ; whereas Article 1              national currencies must, in the case of colza and rape
of Commission Regulation (EEC) No 1813/84 (4), as last                 seed, be fixed in accordance with the Annex to this Regu­
amended by Regulation (EEC) No 1539/90 (*), defined the                lation ; whereas it is not necessary to fix a refund for
elements which determine the differential amounts ;                    sunflower seed ;
whereas these elements are equal to the incidence on the
target price reduced by 7,5 % or the refund of the coeffi­
cient derived from the percentage referred to in Article 2             Whereas, in view of the present circumstences in the
( 1 ) of Regulation (EEC) No 1569/72 ; whereas, according              German Democratic Republic and their effects on the
to these provisions, this percentage represents :                      market situation, no refund should be fixed for products
                                                                       to be exported to that destination ;
(a) for those Member States whose currencies are main­                 Whereas Article 13 of Regulation (EEC) No 2041 /75
       tained as between themselves within a spread at any             makes provision for the period of validity of certificates
      given moment of 2,25 % , the difference between :                fixing refunds in advance to be reduced if the market
                                                                       situation warrants ; whereas in the interests of sound
                                                                       market management a reduction should be made ;
      — the conversion rate used under the common agri­
           cultural policy, and                                        Whereas the measures provided for in this Regulation are
                                                                       in accordance with the opinion of the Management
(')  OJ   No   L 75, 30. 3. 1971 , p. 16.                              Committee for Oils and Fats,
0     OJ  No   L 170, 29. 6. 1984, p. 46.
0     OJ  No   L 113, 28 . 4. 1984, p. 8 .
(4)  OJ   No   L 170, 29 . 6. 1984, p. 41 .                            (6) OJ No L 164, 24. 6. 1985, p. 6.
V) OJ No L 145, 8. 6. 1990, p. 20.                                     O OJ No L . 201 , 31 . 7. 1990, p. 9.
 ---pagebreak--- 29 . 9 . 90                             Official Journal of the European Communities                                   No L 268 /33
HAS ADOPTED THIS REGULATION :                                         3.    There shall be no refund on sunflower seed.
                            Article 1                                 4.       Certificates fixing the export refund in advance
                                                                      shall be valid from their date of issue until the end of the
1 . In the case of colza and rape seed, the amounts of                following month.
the refund referred to in Article 4 (1 ) of Regulation (EEC)
No 651 /71 shall be as set out in the Annex hereto.                                               Article 2
2. No refund shall be fixed for such products exported
to the German Democratic Republic.                                    This Regulation shall enter into force on 1 October 1990.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 28 September 1990.
                                                                                For the Commission
                                                                                 Ray MAC SHARRY
                                                                            Member of the Commission
                                                            ANNEX
                    to the Commission Regulation of 28 September 1990 fixing the export refunds on oil
                                                               seeds
                                                                                                            (amounts per 100 kilograms)
                                                Current     1st period      2nd period     3rd period     4th period      5th period
                                                  10            11              12              1              2               3
1 . Gross refunds (ECU) :
    — Spain                                         0,000        0,278
    — Portugal                                    23,470        23,748
    — other Member States                         16,500        16,778
2. Final refunds :
    Seeds harvested and exported from :
    —   Federal Republic of Germany (DM)          38,63         39,28                                         —
    —   Netherlands (Fl)                          43,52         44,26           —              —
    —   BLEU (Bfrs/Lfrs)                         796,74        810,16
    —   France (FF)                              129,56        131,74
    —   Denmark (Dkr)                            147,35        149,83
    —   Ireland (£ Irl)                           14,419        14,662
    —   United Kingdom (£)                        12,491        12,708
    —   Italy (Lit)                           28 903       29 390
    —   Greece (Dr)                            3 344,37     3 396,97
    —   Spain (Pta)                               68,63        111,13
    —   Portugal (Esc)                      >  4 812,31     4 869,83