CELEX: 31987R0295
Language: en
Date: 1987-01-31 00:00:00
Title: Commission Regulation (EEC) No 295/87 of 30 January 1987 fixing the export refunds on oil seeds

No L 30/ 16                              Official Journal of the European Communities                               31 . 1 . 87
                                    COMMISSION REGULATION (EEC) No 295/87
                                                       of 30 January 1987
                                           fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        difference between prices within the Community and
                                                                   prices on the world market where the former are higher
                                                                   than the latter ; whereas Article 21 of Regulation No'
Having regard to the Treaty establishing the European              136/66/EEC provides that, at present, Article 28 of that
Economic Community,                                                Regulation applies only to colza, rape and sunflower
                                                                   seeds ;
Having regard to the Act of Accession of Spain and
Portugal,
                                                                   Whereas the refund for colza and rape seeds produced in
                                                                   Spain or Portugal is adjusted in accordance with Council
Having regard to Council Regulation No 136/66/EEC of               Regulation (EEC) No 478/86 (");
22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 1454/86 (2),
                                                                   Whereas Article 3 of Regulation No 142/67/EEC provides
                                                                   that when the refund is being calculated account must be
Having regard to Council Regulation No 142/67/EEC of               taken of prices ruling on the various Community markets
21 June 1967 on export refunds on colza, rape and                  which are representative from the point of view of proces­
sunflower seeds (3), as last amended by Regulation (EEC)           sing and exportation ; the most favourable quotations
No 2429/72 (4), and in particular the first sentence of            recorded on the various markets of importing third coun­
Article 2 (3) thereof,                                             tries and costs incurred in placing the goods on the world
                                                                   market ; whereas, when the amount of the refund is being
                                                                   fixed, account must also be taken of the level of market
Having regard to Council Regulation (EEC) No 1678/85
of 11 June 1985 fixing the conversion rates to be applied          prices within the Community for the oil seeds referred to
in agriculture (*), as last amended by Regulation (EEC) No         in Article 21 of Regulation No 136/66/EEC and the
3923/86 (*),                                                       future trend of these prices ; whereas, furthermore,
                                                                   account should be taken of the economic aspect of the
                                                                   proposed exports and the situation in the Community
Having regard to Council Regulation (EEC) No 1569/72               regarding the supply of and demand for these seeds ;
of 20 July 1972 laying down special measures for colza,
rape and sunflower seed f7), as last amended by Regulation
(EEC) No 1474/84 (8), and in particular Article 2 (3)
thereof,                                                           Whereas, in the absence of a target price for colza and
                                                                   rape seed for the 1987/88 marketing year, in cases of
                                                                   advance fixing for the month of July 1987 of the refund
Having regard to the opinion of the Monetary Committee,            on these products it has been possible only to make a
                                                                   provisional calculation using the target price for the
                                                                   1986/87 marketing year ; whereas therefore such refund
Whereas the target price and the monthly increases in the          amounts must be applied only provisionally and
target price for colza, rape and sunflower seed for the            confirmed or altered when the target price for the
 1986/87 marketing year were fixed by Council Regula­              1987/88 marketing year is known ;
tions (EEC) No 1457/86 (9) and (EEC) No 1458/86 (10) ;
Whereas Article 28 of Regulation No 136/66/EEC                     Whereas the estimated production of colza and rape seed
provides that a refund may be granted on exports to third          for the 1987/ 88 marketing year has not been fixed ;
countries of oil seeds harvested within the Community ;            whereas the amount to be deducted where appropriate,
whereas the amount of this refund may not exceed the               from the subsidy in compliance with the system of
                                                                   maximum guaranteed quantities referred to in Article 27a
(>) OJ No 172, 30 . 9 . 1966, p. 3025/ 66.                         of Regulation No 136/66/ EEC and its effect on the
(2) OJ No L 133, 21 . 5. 1986, p. 8 .                              amount of the refund could therefore not be determined ;
(3) OJ No 125, 26. 6. 1967, p. 2461 /67.                           whereas the amounts of the refund should therefore only
(4) OJ No L 264, 23. 11 . 1972, p. 1 .                             be applied on a temporary basis and should be confirmed
0 OJ No L 164, 24. 6. 1985, p. 11 .
(«) OJ No L 367, 27. 12. 1986, p. 1 .                              or replaced once the effects of the system of maximum
0 OJ No L 167, 25. 7. 1972, p. 9 .                                 guaranteed quantities for rape seed are known ;
(8) OJ No L 143, 30. 5. 1984, p. 4.
0 OJ No L 133, 21 . 5. 1986, p. 12.
(10) OJ No L 133, 21 . 5. 1986, p. 14.                             (") OJ No L 53 , 1 . 3 . 1986, p. 55 .
 ---pagebreak---  31 . 1 . 87                                 Official Journal of the European Communities                               No L 30/ 17
Whereas Article 1 of Commission Regulation (EEC) No                             currency of the Member State concerned and the
651 /71 of 29 March 1971 on certain detailed rules for the                      central rate of each of the currencies of the
application of export refunds on oil seeds (') as last                          Member States referred to in (a), and
amended by Regulation (EEC) No 1815/84 (2), provides
that the amount of the refund must be calculated on the                     — the spot market rate for the currency of the
basis of the weight of exported seeds ; whereas this weight                    Member State in question in relation to each of
                                                                                the currencies of the Member States referred to in
must be adjusted to take account of any differences
between the percentages of moisture and impurities found                       (a), as recorded over a period to be determined ;
to exist and those used to define the standard quality for
which the target price is fixed ; whereas, when this adjust­           Whereas, however, pursuant to Article 2a of Regulation
ment is being made, the weight of the exported seeds                   (EEC) No 1569/72, the monetary disparity for the marke­
must be increased by the amount of the difference                      ting years 1984/85 to 1986/87 will be calculated by a
between the actual moisture and impurities content and                 method which takes into account a coefficient applied to
that used to define the standard quality if the former is              the conversion rate resulting from the central rate ;
lower than the latter ; whereas, if the opposite applies, the          whereas Commission Regulation (EEC) No 91 /87 (*) fixed
weight of the exported seeds must be reduced by the                    the coefficient ;
same amount ;
                                                                       Whereas pursuant to Article 2 (2) of Regulation (EEC) No
                                                                       1569/72 forward differential amounts are to be deter­
Whereas the standard quality referred to above was                     mined where the forward exchange rate for one or more
defined in Article 2 of Council Regulation (EEC) No                    currencies differs from the spot rate by at least a given
1 102/84 (14);                                                         percentage ; whereas this percentage has been fixed at 0,5
                                                                       by Regulation (EEC) No 1813/84 ;
Whereas Article 2 of Regulation No 142/67/EEC provides
that the refund may be varied according to destination                 Whereas Regulation (EEC) No 1813/84 specifies the spot
where the world market situation or the specific require­              and forward exchange rates and the period to be used for
ments of certain markets make this necessary ;                         calculating the differential amounts ; whereas in cases
                                                                       where, for one or more months, quotations of forward
                                                                       exchange rates are not available, the rates adopted for the
                                                                       previous months or the following months, as the case may
Whereas Article 4 of Regulation (EEC) No 651 /71                       be, must be used ;
provides for the publication of the amount of the final
refund obtained from the conversion into each of the
national currencies of the amount of the refund in ECU                 Whereas it follows from applying these provisions to the
plus or minus the differential amount ; whereas Article 1              current situation of the oil-seeds market and to the rates
of Commission Regulation (EEC) No 1813/84 (4), as last                 or prices of these products that, pursuant to Article 4 of
amended by Regulation (EEC) No 3891 /86 (*), defined the               Regulation (EEC) No 651 /71 , the amount of the refund in
elements which determine the differential amounts ;                    ECU and the amount of the final refund in each of the
whereas these elements are equal to the incidence on the               national currencies must, in the case of colza and rape
target price or the refund of the coefficient derived from             seed, be fixed in accordance with the Annex to this Regu­
the percentage referred to in Article 2 (1 ) of Regulation             lation ; whereas it is not necessary to fix a refund for
(EEC) No 1 569/72 ; whereas, according to these provi­                 sunflower seed ;
sions, this percentage represents :
                                                                       Whereas the measures provided for in this Regulation are
(a) for those Member States whose currencies are main­                 in accordance with the opinion of the Management
      tained as between themselves within a spread at any              Committee for Oils and Fats,
      given moment of 2,25 % , the difference between :
      — the conversion rate used under the common agri­
          cultural policy, and
                                                                       HAS ADOPTED THIS REGULATION :
      — the conversion rate resulting from the central rate,
(b) for the other Member States, the difference between :                                         Article 1
      — the relationship between the conversion rate used
          under the common agricultural policy for the
                                                                       1 . In the case of colza and rape seed, the amounts of
(>)  OJ   No  L 75, 30 . 3 . 1971 , p. 16.                             the refund referred to in Article 4 ( 1 ) of Regulation (EEC)
(2)  OJ   No  L 170, 29 . 6. 1984, p. 46.                              No 651 /71 shall be as set out in the Annex hereto.
(3)  OJ   No  L 113, 28 . 4. 1984, p. 8 .
(<)  OJ   No  L 170, 29 . 6. 1984, p. 41 .
/ S\ OT       T             19 1 QS£   r, 17                           i6) OJ No L 13, 15. 1 . 1987, p. 13.
 ---pagebreak---        No L 30/ 18                                  Official Journal of the European Communities                                               31 . 1 . 87
       2. In cases of advance fixing of the refund on colza and                      the application of the system of maximum guaranteed
       rape seed for the month of July 1987 the amount will                          quantities for colza and rape seed.
       however be confirmed or altered with effect from 1 July
       1987 on the basis of the target price and connected                           4.    There shall be no refund on sunflower seed.
       measures set for these products for the 1987/88 marketing
       year for colza and rape seed.
       3. In cases of advance fixing of the refund on colza and
                                                                                                                 Article 2
       rape seed for the month of July, the amount shall
       however be confirmed or altered with effect from 1 July
       1987 to take account, where appropriate, of the effects of                    This Regulation shall enter into force on 1 February 1987.
                           This Regulation shall be binding in its entirety and directly applicable in all Member
                           States.
                           Done at Brussels, 30 January 1987.
                                                                                               For the Commission
                                                                                                Frans ANDRIESSEN
                                                                                                   Vice-President
                                                                           ANNEX
                          to the Commission Regulation of 30 January 1987 fixing the export refunds on colza
                                                                       and rape seed
                                                                                                                                (amounts per 100 kilograms)
                                                        Current
                                                                        2nd month        3rd month        4th month        5th month         6th month (')
                                                         month
1 . Gross refunds (ECU) :
    — Spain                                               26,480            26,976           27,472           27,472             27,472           23,504
    — Portugal                                            32,000            32,496           32,992           32,992             32,992           29,024
    — other Member States                                 32,000            32,496           32,992           32,992             32,992           29,024
2. Final refunds :
                                                  I                 \                I                \                 \
    Seeds harvested and exported from :
    —   Federal Republic of Germany (DM)                  77,51             78,69            79,89            80,00              80,00            70,87
    —   Netherlands (Fl)                                  87,33             88,66            90,00            90,11              90,11            79,79
    —   BLEU (Bfrs/Lfrs)                               1 491,89          1 515,14         1 538,39         1 537,70         1 537,70           1 346,57
    —   France (FF)                                      215,50            219,02           222,28           221,77            221,77            194,34
    —   Denmark (Dkr)                                    268,1 1           272,35           276,58           276,58           276,58             242,33
    —   Ireland (£ Irl)                                   23,605            23,993           24,378           24,202             24,202           20,996
    —   United Kingdom (£)                                16,604            16,915           17,226           17,226             17,226            14,604
    —   Italy (Lit)                                  47 382            48 144           48 766           48 909           48 909             42 535
    —   Greece (Dr)                                   2 845,22           2 877,25         2 904,51         2 888,90         2 888,90           2 331,50
    —   Spain (Pta)                                   3 578,83           3 651,15         3 723,46         3 690,51         3 690,51           3 106,52
    —   Portugal (Esc)                                4 382,23           4 451,77         4 489,46         4 477,59         4 477,59           3 826,07
(') Subject to the amount to be deducted in accordance with the system of guaranteed maximum quantities and the Council Decision regarding prices and related
    measures for the 1987/88 marketing year.