CELEX: 31985R2463
Language: en
Date: 1985-08-31 00:00:00
Title: Commission Regulation (EEC) No 2463/85 of 30 August 1985 fixing the export refunds on oil seeds

31 . 8 . 85                          Official Journal of the European Communities                         No L 234/27
                                 COMMISSION REGULATION (EEC) No 2463/85
                                                   of 30 August 1985
                                         fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN                                 of Regulation No 136/66/EEC provides that, at
COMMUNITIES,                                                   present, Article 28 of that Regulation applies only to
                                                               colza, rape and sunflower seeds ;
Having regard to the Treaty establishing the European
Economic Community,
                                                               Whereas Article 3 of Regulation No 142/67/EEC
Having regard to Council Regulation No 136/66/EEC              provides that when the refund is being calculated
of 22 September 1966 on the establishment of a                 account must be taken of prices ruling on the various
common organization of the market in oils and fats ('),        Community markets which are representative from the
as last amended by Regulation (EEC) No 231 /85 (2),            point of view of processing and exportation ; the most
                                                               favourable quotations recorded on the various markets
Having regard to Council Regulation No 142/67/EEC              of importing third countries and costs incurred in
of 21 June 1967 on export refunds on colza, rape and           placing the goods on the world market ; whereas,
sunflower seeds (3), as last amended by Regulation             when the amount of the refund is being fixed, account
(EEC) No 2429/72 (4), and in particular the first              must also be taken of the level of market prices within
sentence of Article 2 (3) thereof,                             the Community for the oil seeds referred to in Article
                                                                21 of Regulation No 136/66/EEC and the future trend
                                                               of these prices ; whereas, furthermore, account should
Having regard to Council Regulation (EEC) No                   be taken of the economic aspect of the proposed
 1223/83 of 20 May 1983 on the exchange rates to be             exports and the situation in the Community regarding
applied in agriculture (*), as last amended by Regula­          the supply of and demand for these seeds ;
tion (EEC) No 1297/85 (6),
Having regard to Council Regulation (EEC) No
 1569/72 of 20 July 1972 laying down special measures          Whereas, in the absence of the target price for the
for colza, rape and sunflower seed f), as last amended          1985/86 marketing year for colza and rape seed and in
by Regulation (EEC) No 1474/84 (8), and in particular           the absence of the amount of the monthly increase for
Article 2 (3) thereof,                                          October, November, December 1985, January and
                                                                February 1986 for colza and rape seed, the amount of
                                                                the refunds in the case of advance fixing for
Having regard to the opinion of the Monetary                    September, October, November, December 1985,
Committee,                                                      January and February 1986 for colza and rape seed has
                                                                been obtainable only provisionally on the basis of the
Whereas the target price and the monthly increases in           target price and the monthly increase proposed by the
the target price for sunflower seed for the 1985/86             Commission to the Council for the marketing year
marketing year were fixed by Regulations (EEC) No               1985/86 ; whereas this amount may, therefore, be
 1489/85 (9) and (EEC) No 1490/85 (10) ;                        applied on a temporary basis and should be confirmed
                                                                or replaced when the indicative price of the 1985/86
Whereas Article 28 of Regulation No 136/66/EEC                  marketing year is known ;
 provides that a refund may be granted on exports to
 third countries of oil seeds harvested within the
 Community ; whereas the amount of this refund may              Whereas Article 1 of Commission Regulation (EEC)
 not exceed the difference between prices within the            No 651 /71 of 29 March 1971 on certain detailed rules
 Community and prices on the world market where the             for the application of export refunds on oil seeds ("), as
 former are higher than the latter ; whereas Article 21         last amended by Regulation (EEC) No 1815/84 (12),
                                                                provides that the amount of the refund must be calcu­
(') OJ No 172, 30. 9. 1966, p. 3025/66.                         lated on the basis of the weight of exported seeds ;
I1) OJ No L 26, 31 . 1 . 1985, p. 12.                           whereas this weight must be adjusted to take account
(3) OJ No 125, 26. 6. 1967, p. 2461 /67.                        of any differences between the percentages of moisture
(«) OJ No L 264, 23. 11 . 1972, p. 1 .
 0 OJ No L 132, 21 . 5. 1983, p. 33.                            and impurities found to exist and those used to define
 (j OJ No L 137, 27. 5. 1985, p. 1 .                             the standard quality for which the target price is fixed ;
f) OJ No L 167, 25. 7. 1972, p. 9.
 (8) OJ No L 143, 30. 5. 1984, p. 4.
 0 OJ No L 151 , 10. 6. 1985, p. 13.                            (") OJ No L 75, 30. 3. 1971 , p. 16.
 (10) OJ No L 151 , 10 . 6. 1985, p. 14.                        (,2) OJ No L 170, 29 . 6. 1984, p. 46.
 ---pagebreak---   No L 234/28                         Official Journal of the European Communities                               31 . 8 . 85
  whereas, when this adjustment is being made, the                       the currencies of the Member States referred to
  weight of the exported seeds must be increased by the                  in (a), as recorded over a period to be deter­
  amount of the difference between the actual moisture                   mined ;
  and impurities content and that used to define the
  standard quality if the former is lower than the latter ;
  whereas, if the opposite applies, the weight of the           Whereas, however, pursuant to Article 2a of Regula­
  exported seeds must be reduced by the same amount ;            tion (EEC) No 1569/72, the monetary disparity for the
                                                                marketing years 1984/85 to 1986/87 will be calculated
                                                                by a method which takes into account a coefficient
  Whereas the standard quality referred to above was            applied to the conversion rate resulting from the
  defined in Article 2 of Council Regulation (EEC) No           central rate ; whereas the said Article 2a fixed the coef­
  1102/84 0);                                                   ficient for the beginning of the 1984/85 marketing
                                                                year ; whereas account should be taken thereof in
                                                                respect of colza and rape seed with effect from 1 July
  Whereas Article 2 of Regulation No 142/67/EEC                  1984, and in respect of sunflower seed with effect from
                                                                 1 August 1984 ;
  provides that the refund may be varied according to
  destination where the world market situation or the
  specific requirements of certain markets make this
  necessary ;
                                                                Whereas pursuant to Article 2 (2) of Regulation (EEC)
                                                                No 1569/72 forward differential amounts are to be
                                                                determined where the forward exchange rate for one
                                                                or more currencies differs from the spot rate by at least
 Whereas Article 4 of Regulation (EEC) No 651 /71               a given percentage ; whereas this percentage has been
 provides for the publication of the amount of the final        fixed at 0,5 by Regulation (EEC) No 1813/84 ;
 refund obtained from the conversion into each of the
 national currencies of the amount of the refund in
 ECU plus or minus the differential amount ; whereas            Whereas where, for one or more months, forward
 Article 1 of Regulation (EEC) No 1813/84 (2) defined           exchange rates are not available, the rate adopted for
 the    elements     which   determine    the   differential
                                                                the previous month or the following month, as the
 amounts ; whereas these elements are equal to the              case may be, is to be used ;
 incidence on the target price or the refund of the coef­
 ficient derived from the percentage referred to in
 Article 2 (1 ) of Regulation (EEC) No 1569/72 ;                Whereas, for the period 21 to 27 August 1985, for
 whereas, according to these provisions, this percentage        certain currencies :
 represents :
                                                               — for the current month, the difference referred to in
 (a) for those Member States whose currencies are                   Article 2 ( 1 ) of Regulation (EEC) No 1569/72
     maintained as between themselves within a spread               differs by more than one point from the percen­
     at any given moment of 2,25 % , the difference                 tage adopted for the previous fixing,
     between :
                                                               — for certain following months the difference
     — the conversion rate used under the common
                                                                    referred to in Article 2 (2) of Regulation (EEC) No
                                                                     1569/72 exceeds 0,5 % ; whereas this difference in
          agricultural policy, and                                  the case of certain forward differential amounts
     — the conversion rate resulting from the central               differs by more than one point from the percen­
          rate,                                                     tage adopted for the previous fixing ;
(b) for Italy, the United Kingdom and Greece, the              Whereas it follows from applying these provisions to
     difference between :                                      the current situation of the oil-seeds market and to the
                                                               rates or prices of these products that, pursuant to
     — the relationship between the conversion rate            Article 4 of Regulation (EEC) No 651 /71 , the amount
          used under the common agricultural policy for        of the refund in ECU and the amount of the final
          the currency of the Member State concerned           refund in each of the national currencies must, in the
         and the central rate of each of the currencies of     case of colza and rape seed, be fixed in accordance
         the Member States referred to in (a), and             with the Annex to this Regulation ; whereas it is not
                                                               necessary to fix a refund for sunflower seed ;
     — the spot market rate for the currency of the
         Member State in question in relation to each of
                                                               Whereas the measures provided for in this Regulation
(■) OJ No L 113, 28 . 4. 1984, p. 8 .                          are in accordance with the opinion of the Management
0 OJ No L 170, 29. 6. 1984, p. 41 .                            Committee for Oils and Fats,
 ---pagebreak---         31 . 8 . 85                          Official Journal of the European Communities                                   No L 234/29
        HAS ADOPTED THIS REGULATION :                                          seed will, however, be confirmed or replaced as from 1
                                                                               September 1985 to take into account the indicative
                                Article 1
                                                                               price which is fixed for these products for the 1 985/86
                                                                               marketing year, and the amount of the monthly
                                                                               increase for October, November, December 1985,
        In the case of colza and rape seed, the amounts of the                January and February 1986 for colza and rape seed.
        refund referred to in Article 4 (1 ) of Regulation (EEC)               No refund is fixed for sunflower seed.
        No 651 /71 shall be as set out in the Annex hereto.
                                                                                                        Article 2
        The amount of the refunds in the case of advance
        fixing for September, October, November, December                     This Regulation shall enter into force on 1 September
        1985, January and February 1986 for colza and rape                     1985.
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States.
                       Done at Brussels, 30 August 1985.
                                                                                         For the Commission
                                                                                          Frans ANDRIESSEN
                                                                                             Vice-President
                                                                     ANNEX
                        to the Commission Regulation of 30 August 1985 fixing the export refunds on colza
                                                                and rape seed
                                                                                                                       (amounts per 100 kilograms)
I                                                  Current
                                                   month
                                                                  1st month         2nd month       3rd month       4th month        5th month
1 . Gross refunds (ECU)                             19,000 (')       19,520 (')        20,040 (')      20,560 (')      21,080 (')       21,600 (')
2. Final refunds
    Seeds harvested and exported from :
    — Federal Republic of Germany (DM)              47,21 (')        48,45 (')         49,72 (')       51,13 (')       52,37 (')        54,15 (')
    —  Netherlands (Fl)                             53,20 (')        54,60 (')         55,99 (')       57,58 (>)       58,98 (')        60,92 (')
    —  BLEU (Bfrs/Lfrs)                           881,82 (')       905,96 (')         930,09 (')      953,13 (')      977,27 (')      993,22 (»)
    —  France (FF)                                130,08 (■)       133,72 (')         136,94 (*)      139,78 (')      143,42 0)        147,07 (')
    —  Denmark (Dkr)                              159,88 (')       164,26 (')         168,64 (')      173,01 (')      177,39 (')       181,18 (')
    —  Ireland (£ Irl)                              14,252 (')       14,642 (')        15,028 (')      15,367 (■)      15,757 (')       16,025 (')
    —  United Kingdom (£)                           12,343 (■)       12,665 (')        12,987 0        13,308 (')      13,630 (')       13,763 0
    —  Italy (Lit)                             26 025      (') 26 792       (')    27 344     (') 27 905      (') 28 675      (')  29 199      (')
    —  Greece (Dr)                              1 728,07 (')     1 781,29 (')       1 834,51 (')    1 887,73 (*)   1 940,95 (')     1 994,17 (■)
(') On the basis of the Commission's last proposal concerning the indicative price and subject to confirmation by the Council s decision.