CELEX: 31985R1113
Language: en
Date: 1985-05-01 00:00:00
Title: Commission Regulation (EEC) No 1113/85 of 30 April 1985 fixing the export refunds on oil seeds

No L 118 / 16                         Official Journal of the European Communities                              1 . 5. 85
                                 COMMISSION REGULATION (EEC) No 1113/85
                                                     of 30 April 1985
                                         fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN                                  favourable quotations recorded on the various markets
COMMUNITIES,                                                    of importing third countries and costs incurred in
                                                                placing the goods on the world market ; whereas,
Having regard to the Treaty establishing the European           when the amount of the refund is being fixed, account
Economic Community,                                             must also be taken of the level of market prices within
                                                                the Community for the oil seeds referred to in Article
Having regard to Council Regulation No 136/66/EEC               21 of Regulation No 136/66/EEC and the future trend
of 22 September 1966 on the establishment of a                  of these prices ; whereas, furthermore, account should
common organization of the market in oils and fats ('),         be taken of the economic aspect of the proposed
as last amended by Regulation (EEC) No 683/85 (2),              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 and October 1985 for colza
Having regard to Council Regulation (EEC) No                    and rape seed, the amount of the refunds in the case
1223/83 of 20 May 1983 on the exchange rates to be              of advance fixing for July, August, September and
applied in agriculture (*), as last amended by Regula­          October 1985 for colza and rape seed and August and
tion (EEC) No 855/84 (*),                                       September 1985 for sunflower seed has 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
Whereas Article 28 of Regulation I^o 136/66/EEC                 for the application of export refunds on oil seeds (9), as
provides that a refund may be granted on exports to             last amended by Regulation (EEC) No 1815/84 (10),
third countries of oil seeds harvested within the               provides that the amount of the refund must be calcu­
Community ; whereas the amount of this refund may               lated on the basis of the weight of exported seeds ;
not exceed the difference between prices within the             whereas this weight must be adjusted to take account
Community and prices on the world market where the              of any differences between the percentages of moisture
former are higher than the latter ; whereas Article 21          and impurities found to exist and those used to define
of Regulation No 136/66/EEC provides that, at                   the standard quality for which the target price is fixed ;
present, Article 28 of that Regulation applies only to          whereas, when this adjustment is being made, the
colza, rape and sunflower seeds ;                               weight of the exported seeds must be increased by the
                                                                amount of the difference between the actual moisture
Whereas Article 3 of Regulation No 142/67/EEC                   and impurities content and that used to define the
provides that when the refund is being calculated               standard quality if the former is lower than the latter ;
account must be taken of prices ruling on the various           whereas, if the opposite applies, the weight of the
Community markets which are representative from the             exported seeds must be reduced by the same amount ;
point of view of processing and exportation ; the most
                                                                Whereas the standard quality referred to above was
(■) OJ No 172, 30. 9. 1966, p. 3025/66.
(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.                       1102/84 (»);
(<) OJ No   L 264, 23. 11 . 1972, p. 1 .
(*) 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.                           (10) OJ No L 170, 29. 6. 1984, p. 46.
(*) OI No L 143 , 30 . 5 . 1984, p . 4.                         m OI No L 113, 28 . 4. 1984, p. 8 .
 ---pagebreak---  1 . 5. 85                          Official Journal of the European Communities                          No L 118/ 17
Whereas Article 2 of Regulation No 142/67/EEC                 or more currencies differs from the spot rate by at least
 provides that the refund may be varied according to          a given percentage ; whereas this percentage has been
destination where the world market situation or the           fixed at 0,5 by Regulation (EEC) No 1813/84 ;
 specific requirements of certain markets make this
 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 17 to 23 April 1985, for
                                                              certain currencies :
 ECU plus or minus the differential amount ; whereas
Article 1 of Regulation (EEC) No 1813/84 (') defined          — for the current month, the difference referred to in
the     elements     which   determine    the  differential       Article 2 ( 1 ) of Regulation (EEC) No 1569/72
amounts ; whereas these elements are equal to the                 differs by more than one point from the percen­
incidence on the target price or the refund of the coef­          tage adopted for the previous fixing,
ficient derived from the percentage referred to in            — for certain following months the difference
Article 2 (1 ) of Regulation (EEC) No 1569/72 ;                   referred to in Article 2 (2) of Regulation (EEC) No
whereas, according to these provisions, this percentage           1569/72 exceeds 0,5 % ; whereas this difference in
represents :                                                      the case of certain forward differential amounts
                                                                  differs by more than one point from the percen­
(a) for those Member States whose currencies are                  tage adopted for the previous fixing ;
     maintained as between themselves within a spread
     at any given moment of 2,25% , the , difference          Whereas it follows from applying these provisions to
     between :                                                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
                                                              Article 4 of Regulation (EEC) No 651 /71 , the amount
          agricultural policy, and                            of the refund in ECU and 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
                                                              with the Annex to this Regulation ; whereas it is not
(b) for Italy, the United Kingdom and Greece, the             necessary to fix a refund for sunflower seed ;
     difference between :
                                                              Whereas the measures provided for in this Regulation
     — the relationship between the conversion rate           are in accordance with the opinion of the Management
         used under the common agricultural policy for        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, September and October 1985
applied to the conversion rate resulting from the             for colza and rape seed and August and September
central rate ; whereas the said Article 2a fixed the coef­    1985 for sunflower seed will, however, be confirmed or
ficient for the beginning of the 1984/85 marketing            replaced as from 1 May 1985 to take into account the
year ; whereas account should be taken thereof in             indicative price which is fixed for these products for
respect of colza and rape seed with effect from 1 July        the 1985/86 marketing year, and the amount of the
1984, and in respect of sunflower seed with effect from       monthly increase for September and October 1985 for
1 August 1984 ;                                               colza and rape seed.
                                                              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
determined where the forward exchange rate for one                                    Article 2
(') OJ No L 170, 29. 6. 1984, p. 41 .                         This Regulation shall enter into force on 1 May 1985.
 ---pagebreak---         No L 118/ 18                      Official Journal of the European Communities                                    1 . 5. 85
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States.
                       Done at Brussels, 30 April 1985.
                                                                                  For the Commission
                                                                                   Frans *ANDRIESSEN
                                                                                      Vice-President
                                                               ANNEX
                         to the Commission Regulation of 30 April 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)                           8,000          8,000           2,150 (>)       2,150 (»)      2,670 (')         3,190 O
2. Final refunds                                         l                                 l
    Seeds harvested and exported from :   \                                                \
    — Federal Republic of Germany (DM)           22,03          22,03            8,11 (')        8,38 (')       9,63 (•)         11,70 0
    — Netherlands (Fl)                           24,82          24,82            9,10 (')        9,39 (')     10,79 (')          13,03 0
    —  BLEU (Bfrs/Lfrs)                         371,29         371,29          99,79 (')        98,09 (')    122,22 (')         133,63 O
    —  France (FF)                               44,65          44,65            3,81 (')        2,60 (')       6,17 (')          9,76 (')
    —  Denmark (Dkr)                             67,32          67,32           18,09 (')       18,09 (')     22,47 (')          25,94 O
    —  Ireland (£ Irl)                            6,001          6,001           1,606 (')       1,527 (')      l,917 (l)         1,734 O
    —  United Kingdom (£)                         5,241          5,241           1,622 (•)       1,622 (')      1,944 O           1,972 0
    —  Italy (Lit)                            9 109          9 104            399      (')      83     0    828       0        574      O
    —  Greece (Dr)                              278,66         278,66            0,00 (')        0,00 (')      0,00 o             0,00 o
(') On the basis of the Commission s proposal concerning the indicative price and subject to confirmation by the Council's decision.