CELEX: 31990R1474
Language: en
Date: 1990-06-01 00:00:00
Title: Commission Regulation (EEC) No 1474/90 of 31 May 1990 fixing the export refunds on oil seeds

1 . 6. 90                              Official Journal of the European Communities                           No L 140/53
                                   COMMISSION REGULATION (EEC) No 1474/90
                                                       of 31 May 1990
                                         fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       1989/90 marketing year were fixed by Regulations (EEC)
                                                                 No 1228/89 (10) and (EEC) No 1229/89 (»);
Having regard to the Treaty establishing the European
Economic Community,
                                                                 Whereas Article 28 of Regulation No 136/66/EEC
                                                                 provides that a refund may be granted on exports to third
Having regard to the Act of Accession of Spain and               countries of oil seeds harvested within the Community ;
Portugal,                                                        whereas the amount of this refund may not exceed the
                                                                 difference between prices within the Community and
                                                                 prices on the world market where the former are higher
Having regard to Council Regulation No 136/66/EEC of             than the latter ; whereas Article 21 of Regulation No
22 September 1966 on the establishment of a common                136/66/EEC provides that, at present, Article 28 of that
organization of the market in oils and fats ('), as last          Regulation applies only to colza, rape and sunflower
amended by Regulation (EEC) No 2902/89 (2),                       seeds ;
Having regard to Council Regulation No 142/67/EEC of             Whereas the refund for colza and rape seeds produced in
21 June 1967 on export refunds on colza, rape and                 Spain or Portugal is adjusted in accordance with Council
sunflower seeds (3), as last amended by the Act of Acces­         Regulation (EEC) No 478/86 (12);
sion of Greece, and in particular the first sentence of
Article 2 (3) thereof,
                                                                 Whereas Article 3 of Regulation No 142/67/EEC provides
Having regard to Council Regulation (EEC) No 1678/85              that when the refund is being calculated account must be
of 11 June 1985 fixing the conversion rates to be applied         taken of prices ruling on the various Community markets
in agriculture (4), as last amended by Regulation (EEC) No        which are representative from the point of view of proces­
1179/90 0,                                                        sing and exportation ; the most favourable quotations
                                                                  recorded on the various markets of importing third coun­
                                                                  tries and costs incurred in placing the goods on the world
Having regard to Council Regulation (EEC) No 1569/72              market ; whereas, when the amount of the refund is being
of 20 July 1972 laying down special measures for colza,           fixed, account must also be taken of the level of market
rape and sunflower seed 0, as last amended by Regulation          prices within the Community for the oil seeds referred to
(EEC) No 2216/88 Q, and in particular Article 2 (3)               in Article 21 of Regulation No 136/66/EEC and the
thereof,                                                          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 Commission Regulation (EEC) No                   regarding the supply of and demand for these seeds ;
2041 /75 of 25 July 1975 on special detailed rules for the
application of the system of import and export licences
and advance fixing certificates for oils and fats (8), as last
amended by Regulation (EEC) No 2662/87 (9), and in                Whereas the abatement of the subsidy for colza and tape
particular Article 13 thereof,                                    seed which arises from the system of maximum guaran­
                                                                  teed quantities for the 1989/90 marketing year has been
                                                                  fixed by Commission Regulation (EEC) No 2625/89 (13) ;
Having regard to the opinion of the Monetary Committee,
                                                                  Whereas Article 1 of Commission Regulation (EEC) No
Whereas, the target price and the monthly increases in            651 /71 of 29 March 1971 on certain detailed rules for the
the target price for colza, rape and sunflower seed for the       application of export refunds on oil seeds (l4), as last
                                                                  amended by Regulation (EEC) No 1815/84 (15), provides
(') OJ No 172, 30. 9. 1966, p. 3025/66.                           that the amount of the refund must be calculated on the
è) OJ No L 280, 29. 9. 1989, p. 2.
(3) OJ No 125, 26. 6. 1967, p. 2461 /67.
0 OJ No L 164, 24. 6. 1985, p. 11 .                               (10) OJ No  L  128, 11 . 5. 1989, p. 20.
(Ó OJ No L 119, 11 . 5. 1990, p. 1 .                              (»)  OJ No  L  128, 11 . 5. 1989, p. 22.
(6) OJ No L 167, 25. 7. 1972, p. 9.                               (12) OJ No  L  53, 1 . 3. 1986, p. 55.
O OJ No L 197, 26. 7. 1988, p. 10 .                               (")  OJ No  L  254, 31 . 8 . 1989, p. 9.
(8) OJ No L 213, 11 . 8 . 1975, p. 1 .                            (")  OJ No  L  75, 30. 3 . 1971 , p. 16.
0 OJ No L 252, 3. 9. 1987, p. 6.                                  (1J) OJ No  L  170, 29. 6. 1984, p. 46.
 ---pagebreak--- No L 140/54                             Official Journal of the European Communities                                    1 . 6. 90
basis of the weight of exported seeds ; whereas this weight       mined where the forward exchange rate for one or more
must be adjusted to take account of any differences               currencies differs from the spot rate by at least a given
between the percentages of moisture and impurities found          percentage ; whereas this percentage has been fixed at 0,5
to exist and those used to define the standard quality for        by Regulation (EEC) No 1813/84 ;
which the target price is fixed ; whereas, when this adjust­
ment is being made, the weight of the exported seeds              Whereas Regulation (EEC) No 1813/84 specifies the spot
must be increased by the amount of the difference                 and forward exchange rates and the period to be used for
between the actual moisture and impurities content and            calculating the differential amounts ; whereas in cases
that used to define the standard quality if the former is         where, for one or more months, quotations of forward
lower than the latter ; whereas, if the opposite applies, the     exchange rates are not available, the rates adopted for the
weight of the exported seeds must be reduced by the               previous months or the following months, as the case may
same amount ;                                                     be, must be used ;
Whereas the standard quality referred to above was                Whereas it follows from applying these provisions to the
defined in Article 2 of Council Regulation (EEC) No               current situation of the oil seeds market and to the rates
1 102/84 0);                                                      or prices of these products that, pursuant to Article 4 of
                                                                  Regulation (EEC) No 651 /71 , the amount of the refund in
                                                                  ecus and the amount of the final refund in each of the
Whereas Article 2 of Regulation No 142/67/EEC provides            national currencies must, in the case of colza and rape
that the refund may be varied according to destination            seed, be fixed in accordance with the Annex to this Regu­
where the world market situation or the specific require­         lation ; whereas it is not necessary to fix a refund for
ments of certain markets make this necessary ;                    sunflower seed ;
Whereas Article 4 of Regulation (EEC) No 651 /71                  Whereas, in view of the present circumstences in the
provides for the publication of the amount of the final           German Democratic Republic and their effects on the
refund obtained from the conversion into each of the              market situation, no refund should be fixed for products
national currencies of the amount of the refund in ecus           to be exported to that destination ;
plus or minus the differential amount ; whereas Article 1
of Commission Regulation (EEC) No 181 3/84 (2), as last           Whereas Article 13 of Regulation (EEC) No 2041 /75
amended by Regulation (EEC) No 431 /89 (3), defined the           makes provision for the period of validity of certificates
elements which determine the differential amounts ;               fixing refunds in advance to be reduced if the market
whereas these elements are equal to the incidence on the          situation warrants ; whereas in the interests of sound
target price reduced by 7,5 % or the refund of the coeffi­        market management a reduction should be made ;
cient derived from the percentage referred to in Article 2
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according          Whereas the measures provided for in this Regulation are
to these provisions, this percentage represents :                 in accordance with the opinion of the Management
                                                                  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 :
     — the conversion rate used under the common agri­             HAS ADOPTED THIS REGULATION :
         cultural policy, and
     — the conversion rate resulting from the central rate ;
                                                                                             Article 1
(b) for the other Member States, the difference between :
     — the relationship between the conversion rate used           1 . In the case of colza and rape seed, the amounts of
         under the common agricultural policy for the             the refund referred to in Article 4 ( 1 ) of Regulation (EEC)
         currency of the Member State concerned and the            No 651 /71 shall be as set out in the Annex hereto.
         central rate of each of the currencies of the
         Member States referred to in (a), and                     2. No refund shall be fixed for such products exported
     — the spot market rate for the currency of the               to the German Democratic Republic.
         Member State in question in relation to each of
         the currencies of the Member States referred to in        3.   There shall be no refund on sunflower seed .
         (a), as recorded over a period to be determined ;
                                                                  4.    Certificates fixing the export refund in advance shall
                                                                  be valid from their date of issue until the end of the fol­
Whereas pursuant to Article 2 (2) of Regulation (EEC) No
 1569/72 forward differential amounts are to be deter­             lowing month.
                                                                                             Article 2
(') OJ No L 113, 28. 4. 1984, p. 8.
0 OJ No L 170, 29 . 6. 1984, p. 41 .
(3) OJ No L 50, 22. 2. 1989, p. 7.                                This Regulation shall enter into force on 1 June 1990.
 ---pagebreak---  1 . 6. 90                                  Official Journal of the European Communities                                       No L 140/55
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 31 May 1990 .
                                                                                      For the Commission
                                                                                        Ray MAC SHARRY
                                                                                Member of the Commission
                                                                 ANNEX
                    to the Commission Regulation of 31 May 1990 fixing the export refunds on oil
                                                                    seeds
                                                                                                                    (amounts per 100 kilograms)
                                                      Current    1st period     2nd period        3rd period      4th period      5th period
                                                         6           7 (')             8               9               10             11
1 . Gross refunds (ECU):
     — Spain                                            20,830        19,464          —               —                —              —
     — Portugal                                         24,300       22,274           —               —                —              —
     — other Member States                              23,000        20,974          —               —                —              —
2. Final refunds :
     Seeds harvested and exported from :        \                             \                \
     — Federal Republic of Germany (DM)                 54,64        49,44                                             —              —
     — Netherlands (Fl)                                 60,67         55,33           —               —                —              —
     — BLEU (Bfrs/Lfrs)                              1 110,60     1 012,77            —               —                —              _
     — France (FF)                                     174,45       164,68            __              —                —              —
     — Denmark (Dkr)                                   205,39       187,30            —               —                —              —
     — Ireland (£ Irl)                                  19,416        18,329          —               —                —              —   -
     — United Kingdom (£)                               14,116        15,537          —               —                —              —
     — Italy (Lit)                                 38 227       36 740                —               —                —              —
     — Greece (Dr)                                  3 762,92      4 296,77            —               —                —              —
     — Spain (Pta)                                  3 281,24      3 071,96            —               —                —              —
     — Portugal (Esc)                               4 734,13      4 608,54            —   .           —                —              —
(7 Subject to the abatement resulting from the system of maximum guaranteed quantities for the 1990/91 marketing year.