CELEX: 31986R0213
Language: en
Date: 1986-02-01 00:00:00
Title: Commission Regulation (EEC) No 213/86 of 31 January 1986 fixing the export refunds on oil seeds

1 . 2. 86                                Official Journal of the European Communities                             No L 27/25
                                    COMMISSION REGULATION (EEC) No 213/86
                                                       of 31 January 1986
                                           fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        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 provides
                                                                   that when the refund is being calculated account must be
Having regard to Council Regulation No 136/66/EEC of               taken of prices ruling on the various Community markets
22 September 1966 on the establishment of a common                 which are representative from the point of view of proces­
organization of the market in oils and fats ('), as last           sing and exportation ; the most favourable quotations
amended by Regulation (EEC) No 3768/85 (2),                        recorded on the various markets of importing third coun­
                                                                   tries and costs incurred in placing the goods on the world
                                                                   market ; whereas, when the amount of the refund is being
Having regard to Council Regulation No 142/67/EEC of               fixed, account must also be taken of the level of market
21 June 1967 on export refunds on colza, rape and                  prices within the Community for the oil seeds referred to
sunflower seeds (3), as last amended by Regulation (EEC)           in Article 21 of Regulation No 136/66/EEC and the
No 2429/72 (4), and in particular the first sentence of            future trend of these prices ; whereas, furthermore,
Article 2 (3) thereof,                                             account should 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 (EEC) No 1678/85
of 11 June 1985 fixing the conversion rates to be applied
in agriculture (*), as last amended by Regulation (EEC) No         Whereas, in the absence of the target price for the
3772/85 («),                                                        1985/86 marketing year for colza and rape seed and in
                                                                   the absence of the amount of the monthly increase for
Having regard to Council Regulation (EEC) No 1569/72
                                                                   March, April, May and June 1986 for colza and rape seed,
of 20 July 1972 laying down special measures for colza,            the amount of the refunds in the case of advance fixing
                                                                   for February, March, April, May and June 1986 for colza
rape and sunflower seed Q, as last amended by Regulation
                                                                    and rape seed has been obtainable only provisionally on
(EEC) No 1 474/84 (8), and in particular Article 2 (3)              the basis of the target price and the monthly increase
thereof,
                                                                    proposed by the Commission to the Council for the
                                                                    marketing year 1985/86 ; whereas this amount may, there­
Having regard to the opinion of the Monetary Committee,             fore, be applied on a temporary basis and should be
                                                                    confirmed or replaced when the indicative price of the
                                                                    1985/86 marketing year is known ;
Whereas the target price and the monthly increases in the
target price for sunflower seed for the 1985/86 marketing
year were fixed by Regulations (EEC) No 1489/85 (9) and             Whereas, in the absence of the indicative price for the
(EEC) No 1490/85 (10) ;                                             1986/87 marketing year for colza and rape seed, in case of
                                                                    advance fixing for July 1986, the amount of the refund on
                                                                    these products has been obtainable only on the basis of
Whereas Article 28 of Regulation No 136/66/EEC                      the indicative price proposed by the Commission to the
 provides that a refund may be granted on exports to third          Council for the marketing year 1985/86 ; whereas this
 countries of oil seeds harvested within the Community ;            amount may, therefore, be applied on a temporary basis
 whereas the amount of this refund may not exceed the               and should be confirmed or replaced when the indicative
 difference between prices within the Community and                 price of the 1986/87 marketing year is known ;
 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           Whereas Article 1 of Commission Regulation (EEC) No
                                                                     651 /71 of 29 March 1971 on certain detailed rules for the
 (') OJ No 172, 30. 9. 1966, p. 3025/66.                             application of export refunds on oil seeds (u), as last
 (2) OJ No L 362, 31 . 12. 1985, p. 8 .                              amended by Regulation (EEC) No 1815/84 (12), provides
 (3) OJ No 125, 26. 6. 1967, p. 2461 /67.                            that the amount of the refund must be calculated on the
 (4) OJ No L 264, 23 . 11 . 1972, p. 1 .
 0 OJ No L 164, 24. 6. 1985, p. 11 .                                 basis of the weight of exported seeds ; whereas this weight
 («) OJ No L 362, 31 . 12. 1985, p. 24.                              must be adjusted to take account of any differences
 0 OJ No L 167, 25. 7. 1972, p. 9.
 (*) 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.                               12) OJ No L 170, 29 . 6. 1984, p. 46.
 ---pagebreak--- No L 27/26                               Official Journal of the European Communities                                    1 . 2. 86
between the percentages of moisture and impurities found           Whereas, however, pursuant to Article 2a of Regulation
to exist and those used to define the standard quality for         (EEC) No 1569/72, the monetary disparity for the marke­
which the target price is fixed ; whereas, when this adjust­       ting years 1984/85 to 1986/87 will be calculated by a
ment is being made, the weight of the exported seeds               method which takes into account a coefficient applied to
must be increased by the amount of the difference                  the conversion rate resulting from the central rate ;
between the actual moisture and impurities content and             whereas Regulation (EEC) No 2679/85 (3) fixed the coeffi­
that used to define the standard quality if the former is          cient ;
lower than the latter ; whereas, if the opposite applies, the
weight of the exported seeds must be reduced by the
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
                                                                   currencies differs from the spot rate by at least a given
Whereas the standard quality referred to above was                 percentage ; whereas this percentage has been fixed at 0,5
defined in Article 2 of Council Regulation (EEC) No                by Regulation (EEC) No 1813/84 ;
1102/84 (');
                                                                   Whereas Regulation (EEC) No 1813/84 specifies the spot
Whereas Article 2 of Regulation No 142/67/EEC provides             and forward exchange rates and the period to be used for
that the refund may be varied according to destination             calculating the differential amounts ; whereas in cases
where the world market situation or the specific require­          where, for one or more months, quotations of forward
ments of certain markets make this necessary ;                     exchange rates are not available, the rates adopted for the
                                                                   previous months or the following months, as the case may
                                                                   be, must be used ;
Whereas Article 4 of Regulation (EEC) No 651 /71
provides for the publication of the amount of the final            Whereas it follows from applying these provisions to the
refund obtained from the conversion into each of the               current situation of the oil-seeds market and to the rates
national currencies of the amount of the refund in ECU             or prices of these products that, pursuant to Article 4 of
plus or minus the differential amount ; whereas Article 1           Regulation (EEC) No 651 /71 , the amount of the refund in
of Regulation (EEC) No 1813/84 (2) defined the elements             ECU and the amount of the final refund in each of the
which determine the differential amounts ; whereas these            national currencies must, in the case of colza and rape
elements are equal to the incidence on the target price or          seed, be fixed in accordance with the Annex to this Regu­
 the refund of the coefficient derived from the percentage          lation ; whereas it is not necessary to fix a refund for
 referred to in Article 2 ( 1 ) of Regulation (EEC) No              sunflower seed ;
 1 569/72 ; whereas, according to these provisions, this
 percentage represents :
                                                                    Whereas the measures provided for in this Regulation are
                                                                    in accordance with the opinion of the Management
 (a) for those Member States whose currencies are main­             Committee for Oils and Fats,
      tained as between themselves within a spread at any
      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 Italy, the United Kingdom and Greece, the diffe­
      rence between :
                                                                                              Article 1
      — the relationship between the conversion rate used
          under the common agricultural policy for the
          currency of the Member State concerned and the
          central rate of each of the currencies of the              In the case of colza and rape seed, the amounts of the
          Member States referred to in (a), and                      refund referred to in Article 4 (1 ) of Regulation (EEC) No
                                                                     651 /71 shall be as set out in the Annex hereto.
      — 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 in         The amount of the refunds in the case of advance fixing
          (a), as recorded over a period to be determined ;          for February, March, April, May and June 1986 for colza
                                                                     and rape seed will, however, be confirmed or replaced as
  (') OJ No L 113, 28 . 4. 1984, p. 8 .
  0 OJ No L 170, 29. 6. 1984, p. 41 .                                P) OJ No L 254, 25. 9. 1985, p. 14.
 ---pagebreak---      1 . 2. 86                              Official Journal of the European Communities                                      No L 27/27
     from 1 February 1986 to take into account the indicative               confirmed or replaced as from 1 February 1986 to take
     price which is fixed for these products for the 1985/86                into account the indicative price which is fixed for these
     marketing year, and the amount of the monthly increase                 products for the 1986/87 marketing year.
     for March, April, May and June 1986 for colza and rape                 No refund is fixed for sunflower seed.
     seed.
                                                                                                       Article 2
     The amount of the refund in the case of advance fixing
     for July 1986 will, however, for colza and rape seed, be               This Regulation shall enter into force on 1 February 1986.
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                        States.
                          Done at Brussels, 31 January 1986.
                                                                                       For the Commission
                                                                                        Frans ANDRIESSEN
                                                                                           Vice-President
                                                                   ANNEX
                         to the Commission Regulation of 31 January 1986 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) (')                        23,000           23,520            24,040          24,040         24,040          19,880 (2)
2. Final refunds (')                        \\Il
    Seeds harvested and exported from :                     \\l
    — Federal Republic of Germany (DM)             56,66            57,90             59,16           59,33          59,33           49,92 (2)
    — Netherlands (Fl)                             63,84            65,24             66,64           66,82          66,82           56,15 (2)
    — BLEU (Bfrs/Lfrs)                          1 067,47         1 091,61          1 115,74       1 114,70        1 114,70          913,85 (2)
    — France (FF)                                 158,23           161,88            165,11          164,35         164,35          135,24 (2)
    — Denmark (Dkr)                               193,54           197,92            202,30          202,30         202,30          166,74 (2)
    — Ireland (£ Irl)                              17,253           17,643            18,028          17,980         17,980          14,530 (2)
    — United Kingdom (£)                           12,660           12,982            13,304          13,304         13,304          10,551 (2)
    — Italy (Lit)                              32 060          32 827            33 390          33 191          33 191          26 303      (2)
    — Greece (Dr)                               1 354,63         1 407,85          1 461,07        1 461,07       1 461,07        1 035,31 (2)
(') On the basis of the Commission's proposal concerning the indicative price for the 1985/86 marketing year and subject to confirmation by the
    Council's decision .
(2) Contingent on the Council's decision on prices and related matters for the 1986/87 marketing year.