CELEX: 31985R0833
Language: en
Date: 1985-03-30 00:00:00
Title: Commission Regulation (EEC) No 833/85 of 29 March 1985 fixing the export refunds on oil seeds

30 . 3 . 85                            Official Journal of the European Communities                          No L 91 /23
                                   COMMISSION REGULATION (EEC) No 833/85
                                                      of 29 March 1985
                                           fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN                                   point of view of processing and exportation ; the most
COMMUNITIES,                                                     favourable quotations recorded on the various markets
                                                                 of importing third countries and costs incurred in
Having regard to the Treaty establishing the European            placing the goods on the world market ; whereas,
Economic Community,                                              when the amount of the refund is being fixed, account
                                                                 must also be taken of the level of market prices within
Having regard to Council Regulation No 136/66/EEC                the Community for the oil seeds referred to in Article
of 22 September 1966 on the establishment of a                   21 of Regulation No 136/66/EEC and the future trend
common organization of the market in oils and fats ('),          of these prices ; whereas, furthermore, account should
as last amended by Regulation (EEC) No 683/85 (2),               be taken of the economic aspect of the proposed
                                                                 exports and the situation in the Community regarding
                                                                 the supply of and demand for these seeds ;
Having regard to Council Regulation No 142/67/EEC
of 21 June 1967 on export refunds on colza, rape and
sunflower seeds (3), as last amended by Regulation               Whereas, in the absence of the target price for the
(EEC) No 2429/72 (4), and in particular the first                1985/86 marketing year for colza, rape and sunflower
sentence of Article 2 (3) thereof,                               seed and in the absence of the amount of the monthly
                                                                 increase for September 1985 for colza and rape seed,
Having regard to Council Regulation (EEC) No                     the amount of the refunds in the case of advance
1223/83 of 20 May 1983 on the exchange rates to be               fixing for July, August and September 1985 for colza
applied in agriculture (*), as last amended by Regula­           and rape seed and August 1985 for sunflower seed has
tion (EEC) No 855/84                                             been obtainable only provisionally on the basis of the
                                                                 target price and the monthly increase proposed by the
Having regard to Council Regulation (EEC) No                     Commission to the Council for the marketing year
1569/72 of 20 July 1972 laying down special measures              1985/86 ; whereas this amount may, therefore, be
for colza, rape and sunflower seed Q, as last amended            applied on a temporary basis and should be confirmed
by Regulation (EEC) No 1474/84 (8), and in particular            or replaced when the indicative price of the 1985/86
Article 2 (3) thereof,                                           marketing year is known ;
Having regard to the opinion of the Monetary
Committee,                                                       Whereas Article 1 of Commission Regulation (EEC)
                                                                 No 651 /71 of 29 March 1971 on certain detailed rules
                                                                 for the application of export refunds on oil seeds (®), as
Whereas Article 28 of Regulation No 136/66/EEC                   last amended by Regulation (EEC) No 1815/84 (10),
provides that a refund may be granted on exports to              provides that the amount of the refund must be calcu­
third countries of oil seeds harvested within the
                                                                 lated on the basis of the weight of exported seeds ;
Community ; whereas the amount of this refund may                whereas this weight must be adjusted to take account
not exceed the difference between prices within the              of any differences between the percentages of moisture
Community and prices on the world market where the               and impurities found to exist and those used to define
former are higher than the latter ; whereas Article 21            the standard quality for which the target price is fixed ;
of Regulation No 136/66/EEC provides that, at                    whereas, when this adjustment is being made, the
present, Article 28 of that Regulation applies only to           weight of the exported seeds must be increased by the
colza, rape and sunflower seeds ;                                 amount of the difference between the actual moisture
                                                                  and impurities content and that used to define the
Whereas Article 3 of Regulation No 142/67/EEC                     standard quality if the former is lower than the latter ;
 provides that when the refund is being calculated               whereas, if the opposite applies, the weight of the
 account must be taken of prices ruling on the various            exported seeds must be reduced by the same amount ;
 Community markets which are representative from the
(') OJ No 172, 30. 9. 1966, p. 3025/66.
                                                                  Whereas the standard quality referred to above was
(2) OJ No L 75, 16. 3. 1985, p. 7.                                defined in Article 2 of Council Regulation (EEC) No
(3) OJ No 125, 26. 6. 1967, p. 2461 /67.                          1 102/84 ('») ;
0   OJ   No L 264, 23 .  11 . 1972, p. 1 .
0   OJ   No L 132, 21 .  5. 1983, p. 33.
(«) OJ   No L 90, 1 . 4.  1984, p. 1 .                            0 OJ No L 75, 30 . 3 . 1971 , p. 16.
0   OJ   No L 167, 25.   7. 1972, p. 9.                           (,0) OJ No L 170, 29. 6. 1984, p. 46.
(8) OJ   No L 143, 30.   5. 1984, p. 4.                           (") OJ No L 113, 28 . 4. 1984, p. 8 .
 ---pagebreak---  No L 91 /24                        Official Journal of the European Communities                               30 . 3 . 85
Whereas Article 2 of Regulation No 142/67/EEC                 determined where the forward exchange rate for one
provides that the refund may be varied according to           or more currencies differs from the spot rate by at least
destination where the world market situation or the           a given percentage ; whereas this percentage has been
specific requirements of certain markets make this            fixed at 0,5 by Regulation (EEC) No 1813/84 ;
necessary ;
                                                              Whereas where, for one or more months, forward
                                                              exchange rates are not available, the rate adopted for
Whereas Article 4 of Regulation (EEC) No 651 /71              the previous month or the following month, as the
provides for the publication of the amount of the final       case may be, is to be used ;
refund obtained from the conversion into each of the
national currencies of the amount of the refund in
                                                              Whereas, for the period 20 to 26 March 1985, for
ECU plus or minus the differential amount ; whereas           certain currencies :
Article 1 of Regulation (EEC) No 1813/84 (') defined
the    elements     which   determine    the   differential   — for the current month, the difference referred to in
amounts ; whereas these elements are equal to the                 Article 2 ( 1 ) of Regulation (EEC) No 1569/72
incidence on the target price or the refund of the coef­          differs by more than one point from the percen­
ficient derived from the percentage referred to in                tage adopted for the previous fixing,
Article 2 ( 1 ) of Regulation (EEC) No 1569/72 ;              — for certain following months the difference
whereas, according to these provisions, this percentage           referred to in Article 2 (2) of Regulation (EEC) No
represents :                                                      1569/72 exceeds 0,5 % ; whereas this difference in
                                                                  the case of certain forward differential amounts
(a) for those Member States whose currencies are                  differs by more than one point from the percen­
     maintained as between themselves within a spread             tage adopted for the previous fixing ;
     at any given moment of 2,25 %, the difference
     between :                                                Whereas it follows from applying these provisions to
                                                              the current situation of the oil-seeds market and to the
     — the conversion rate used under the common              rates or prices of these products that, pursuant to
         agricultural policy, and                             Article 4 of Regulation (EEC) No 651 /71 , the amount
                                                              of the refund in ECU arjd the amount of the final
     — the conversion rate resulting from the central
                                                              refund in each of the national currencies must, in the
         rate,
                                                              case of colza and rape seed, be fixed in accordance
(b) for Italy, the United Kingdom and Greece, the             with the Annex to this Regulation ; whereas it is not
     difference between :                                     necessary to fix a refund for sunflower seed ;
    — the relationship between the conversion rate            Whereas the measures provided for in this Regulation
         used under the common agricultural policy for        are in accordance with the opinion of the Management
                                                              Committee for Oils and Fats,
         the currency of the Member State concerned
         and the central rate of each of the currencies of
         the Member States referred to in (a), and
                                                              HAS ADOPTED THIS REGULATION :
    — the spot market rate for the currency of the
         Member State in question in relation to each of
         the currencies of the Member States referred to                              Article 1
         in (a), as recorded over a period to be deter­
         mined ;
                                                              In the case of colza and rape seed, the amounts of the
                                                              refund referred to in Article 4 ( 1 ) of Regulation (EEC)
Whereas, however, pursuant to Article 2a of Regula­           No 651 /71 shall be as set out in the Annex hereto.
tion (EEC) No 1569/72, the monetary disparity for the
marketing years 1984/85 to 1986/87 will be calculated         The amount of the refunds in the case of advance
by a method which takes into account a coefficient            fixing for July, August and September 1985 for colza
applied to the conversion rate resulting from the             and rape seed and August 1985 for sunflower seed will,
central rate ; whereas the said Article 2a fixed the coef­    however, be confirmed or replaced as from 1 April
ficient for the beginning of the 1984/85 marketing            1985 to take into account the indicative price which is
year ; whereas account should be taken thereof in             fixed for these products for the 1985/86 marketing
respect of colza and rape seed with effect from 1 July        year, and the amount of the monthly increase for
1984, and in respect of sunflower seed with effect from       September 1985 for colza and rape seed.
1 August 1984 ;
                                                              No refund is fixed for sunflower seed.
Whereas pursuant to Article 2 (2) of Regulation (EEC)
No 1569/72 forward differential amounts are to be                                     Article 2
(') OJ No L 170, 29. 6. 1984, p. 41 .                         This Regulation shall enter into force on 1 April 1985.
 ---pagebreak---         30 . 3 . 85                       Official Journal of the European Communities                             No L 91 /25
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States.
                       Done at Brussels, 29 March 1985.
                                                                                For the Commission
                                                                                 Frans ANDRIESSEN
                                                                                     Vice-President
                                                               ANNEX
                        to the Commission Regulation of 29 March 1985 fixing the export refunds on colza
                                                           and rape seed
                                                                                                              (amounts per 100 kilograms)
                                                Current
                                                            1st month       2nd month       3rd month      4th month       5th month
                                                month
1 . Gross refunds (ECU)                            7,000         7,000           7,000          1,150 (')      1,150 (')       1,670 (')
2. Final refunds                                                         \\
    Seeds harvested and exported from :    \                                             \\
    —  Federal Republic of Germany (DM)           19,71         19,71           19,75           6,07 (')       6,07 (')        8,17 (')
    —  Netherlands (Fl)                           22,21         22,21           22,21           6,79 (')       6 79 (')        9,05 (')
    —  BLEU (Bfrs/Lfrs)                          324,88        324,88          324,88          51,64 (»)      51,64 (■)       62,^5 (')
    —  France (FF)                                37,54         37,54           36,88           0,00 (')       0,00 (')        0,00 (')
    —  Denmark (Dkr)                              58,90         58,90           58,90           9,68 (')       9,68 (')       13,13 (')
    —  Ireland (£ Irl)                              5,251        5,251           5,244          0,775 (')      0,775 (')       0,579 (')
    —  United Kingdom (£)                          4,629         4,629           4,629          1,010 (')      1,010 (')       1,032 (')
    —  Italy (Lit)                             8 588         8 583           8 247              0     (')      0     (•)       0      (')
    —  Greece (Dr)                               236,29        236,29          236,29           0,00 (')       0,00 (')        0,00 (')
(') On the basis of the Commission s proposal concerning the indicative price and subject to confirmation by the Council s decision.