CELEX: 31989R0842
Language: en
Date: 1989-04-01 00:00:00
Title: Commission Regulation (EEC) No 842/89 of 31 March 1989 fixing the export refunds on oil seeds

No L 89/38                              Official Journal of the European Communities                                 1 . 4. 89
                                    COMMISSION REGULATION (EEC) No 842/89
                                                      of 31 March 1989
                                           fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        1988/89 marketing year were fixed by Council Regula­
                                                                  tions (EEC) No 2213/88 (,0) and (EEC) No 2214/88 (") ;
Having regard to the Treaty establishing the European             Whereas, in order to determine the amount of the aid,
Economic Community,                                               account should be taken among the calculation factors of
                                                                  the latest Commission proposals to the Council on prices
                                                                  and related measures ;
Having regard to the Act of Accession of Spain and
Portugal,
                                                                  Whereas Article 28 of Regulation No 136/66/EEC
                                                                  provides that a refund may be granted on exports to third
Having regard to Regulation No 136/66/EEC of the                  countries of oil seeds harvested within the Community ;
Council of 22 September 1966 on the establishment of a            whereas the amount of this refund may not exceed the
common organization of the market in-oils and fats ('), as        difference between prices within the Community and
last amended by Regulation (EEC) No 2210/88 (2),                   prices on the world market where the. former are higher
                                                                  than the latter ; whereas Article 21 of Regulation No
                                                                   136/66/EEC provides that, at present, Article 28 of that
Having regard to Regulation No 142/67/EEC of the                   Regulation applies only to colza, rape and sunflower
Council of 21 June 1967 on export refunds on colza, rape          seeds ;
and sunflower seeds (3), as last amended by the Act of
Accession of Greece, and in particular the first sentence         Whereas the refund for colza and rape seeds produced in
of Article 2 (3) thereof,                                          Spain or Portugal is adjusted in accordance with Council
                                                                   Regulation (EEC) No 478/86 H ;
Having regard to Council Regulation (EEC) No 1678/85
of 11 June 1985 fixing the conversion rates to be applied         Whereas Article 3 of Regulation No 142/67/EEC provides
                                                                   that when the refund is being calculated account must be
in agriculture (4), as last amended by Regulation (EEC) No         taken of prices ruling on the various Community markets
798/89 0,
                                                                   which are representative from the point of view of proces­
                                                                   sing and exportation ; the most favourable quotations
Having regard to Regulation (EEC) No 1569/72 of the                recorded on the various markets of importing third coun­
Council of 20 July 1972 laying down special measures for           tries and costs incurred in placing the goods on the world
colza, rape and sunflower seed(*), as last amended by              market ; whereas, when the amount of the refund is being
                                                                   fixed, account niust also be taken of the level of market
Regulation (EEC) No 2216/88 Q, and in particular Article
2 (3) thereof,                                                     prices within 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,
Having regard to Regulation (EEC) No 2041 /75 of the               account should be taken of the economic aspect of the
Commission of 25 July 1975 on special detailed rules for           proposed exports and the situation in the . Community
the application of the system of import and export                 regarding the supply of and demand for these seeds ;
licences and advance fixing certificates for oils and fats (8),
as last amended by Regulation (EEC) No 2662/87 (9), and            Whereas the abatement of the subsidy for colza and rape
in particular Article 13 thereof,                                  seed which arises from the system of maximum guaran­
                                                                   teed quantities for the 1988/89 marketing year has been
                                                                   fixed by Commission Regulation (EEC) No 2761 /88 (")■;
Having regard to the opinion of the Monetary Committee,
                                                                   Whereas Article 1 of Regulation (EEC) No 651 /71 of the     -
                                                                   Commission of 29 March 1971 on certain detailed rules
Whereas the target price and the monthly increases in the          for the application of export refunds on oil seeds (14), as
target price for colza, rape and sunflower seed for the            last amended by Regulation (EEC) No 181 5/84 (1S),
                                                                   provides that the amount of the refund must be calculated
(') OJ  No 172, 30. 9. 1966, p. 3025/66.                           on the basis of the weight of exported seeds ; whereas this
0   OJ  No L 197, 26. 7. 1988, p. 1 .
0   OJ  No  125, 26. 6. 1967, p. 2461 /67.
(4) OJ  No L 164, 24. 6. 1985, p. 11 .                             O    OJ No  L  197, 26. 7. 1988, p. 6.
0   OJ  No L 85, 30. 3 . 1989, p. 24.                              (")  OJ No  L  197, 26. 7. 1988, p. 8 .
(6) OJ  No L 167, 25. 7. 1972, p. 9.                               (I2) OJ No  L  53, 1 . 3. 1986, p. 55.
0   OJ  No L 197, 26. 7. 1988, p. 10.                              H    OJ No  L  247, 6. 9. 1988, p. 7.
(8) OJ  No L 213, 11 . 8. 1975, p. 1 .                             O    OJ No  L  75, 30. 3. 1971 , p. 16.
0   OJ  No L 252, 3. 9. 1987, p. 6.                                H    OJ No  L  170, 29. 6. 1984, p. 46.
 ---pagebreak--- 1 . 4. 89                              Official Journal of the European Communities                               No L 89/39
weight must be adjusted to take account of any diffe­                     the currencies of the Member States referred to in
rences between the percentages of moisture and impur­                     (a), as recorded over a period to be determined ;
ities found to exist and those used to define the standard
quality for which the target price is fixed ; whereas, when      Whereas pursuant to Article 2 (2) of Regulation (EEC) No
this adjustment is being made, the weight of the exported         1569/72 forward differential amounts are to be deter­
seeds must be increased by the amount of the difference          mined where the forward exchange rate for one or more
between the actual moisture and impurities content and           currencies differs from the spot rate by at least a given
that used to define the standard quality if the former is        percentage ; whereas this percentage has been fixed at 0,5
lower than the latter ; whereas, if the opposite applies, the    by Regulation (EEC) No 1813/84 ;
weight of the exported seeds must be reduced by the
same amount ;
                                                                 Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                 and forward exchange rates and the period to be used for
                                                                 calculating the differential amounts ; whereas in cases
Whereas the standard quality referred to above was               where, for one or more months, quotations of forward
defined in Article 2 of Council Regulation (EEC) No              exchange rates are not available, the rates adopted for the
1102/84 (*) ;                                                    previous months or the following months, as the case may
                                                                 be, must be used ;
Whereas Article 2 of Regulation No 142/67/EEC provides           Whereas it follows from applying these provisions , to the
that the refund may be varied according to destination           current situation of the oil seeds market and to the rates
where the world market situation or the specific require­        or prices of these products that, pursuant to Article 4 of
ments of certain markets make this necessary ;                   Regulation (EEC) No 651 /71 , the amount of the refund in
                                                                 ecus and the amount of the final refund in each of the
                                                                 national currencies must, in the case of colza and rape
Whereas Article 4 of Regulation (EEC) No 651 /71                 seed, be fixed in accordance with the Annex to this Regu­
provides for the publication of the amount of the final
                                                                  lation ; whereas it is not necessary to fix a refund for
refund obtained from the conversion into each of the
                                                                 sunflower seed ;
national currencies of the amount of the refund in ecus
plus or minus the differential amount ; whereas Article 1        Whereas Article 13 of Regulation (EEC) No 2041 /75
of Commission Regulation (EEC) No 1813/84 (2), as last            makes provision for the period of validity of certificates
amended by Regulation (EEC) No 431 /89 (3), defined the           fixing refunds in advance to be reduced if the market
elements which determine the differential amounts ;              situation warrants ; whereas in the interests of sound
whereas these elements are equal to the incidence on the          market management a reduction should be made ;
target price reduced by 7,5 % or the refund of the coeffi­
cient derived from the percentage referred to in Article 2       Whereas the measures provided for in this Regulation are
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according          in accordance with the opinion of the Management
to these provisions, this percentage represents :                 Committee for Oils and Fats,
(a) for those Member States whose currencies are main­
     tained as between themselves within a spread at any
     given moment of 2,25 %, the difference between :             HAS ADOPTED THIS REGULATION :
  , — the conversion rate used under the common agri­
         cultural policy, and                                                                Article 1 -
     — the conversion rate resulting from the central rate ;
                                                                  1 . In the case of colza and rape seed, the amounts of
(b) for the other Member States, the difference between :         the refund referred to in Article 4 (1 ) of Regulation (EEC)
                                                                  No 651 /71 shall be as set out in the Annex hereto.
     — the relationship between the conversion rate used
                                                                  2.    There shall be no refund on sunflower seed.
         under the common agricultural policy for the
         currency of the Member State concerned and the
         central rate of each of the currencies of the            3.    Certificates fixing the export refund in advance shall
         Member States referred to in (a), and                    be valid from their date of issue until the end of the fol­
                                                                  lowing month.
     — the spot market rate for the currency of the
         Member State in question in relation to each of
                                                                                             Article 2
(') OJ No L 113, 28 . 4. 1984, p. 8 .
0 OJ No L 170, 29 . 6. 1984, p. 41 .
0 OJ No L 50, 22. 2. 1989, p. 7.                                  This Regulation shall enter into force on 1 April 1989.
 ---pagebreak---  No L 89/40                             Official Journal of the European Communities                                   1 . 4. 89
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 31 March 1989.
                                                                           For the Commission
                                                                             Ray MAC SHARRY
                                                                       Member of the Commission
                                                            ANNEX
                   to the Commission Regulation of 31 March 1989 fixing the export refunds on oil seeds
                                                                                                     (amounts per 100 kilograms)
                                               Current     1st period  2nd period    3rd period    4th period      5th period
                                                  4             5          6              7             8              9
1 . Gross refunds (ECU) :
    — Spain                                       15,280       15,598
    — Portugal                                    19,440       19,758
    — other Member States                         16,000       16,318
2. Final refunds :
    Seeds harvested and exported from :
    —  Federal Republic of Germany (DM)           38,26        39,02
    —  Netherlands (Fl)                           42,58        43,42
    —  BLEU (Bfrs/Lfrs)                          772,59       787,95       —
    —  France (FF)                               114,82       117,24                                                   —
    —  Denmark (Dkr)                             139,31       142,12
    —  Ireland (£ Irl)                            12,768       13,036                                  —
    —  United Kingdom (£)                          9,661         9,875
    —  Italy (Lit)                            24 463       24 983
    —  Greece (Dr)                             1 528,51     1 556,96
    —  Spain (Pta)                             2 588,64     2 637,68
    —  Portugal (Esc)                          3 565,81     3 625,60