CELEX: 31990R2927
Language: en
Date: 1990-10-11 00:00:00
Title: Commission Regulation (EEC) No 2927/90 of 10 October 1990 amending the export refunds on oil seeds

11 . 10. 90                              Official Journal of the European Communities                           No L 279/37
                                    COMMISSION REGULATION (EEC) No 2927/90
                                                      of 10 October 1990
                                         amending the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         1990/91 marketing year were fixed by Regulations (EEC)
                                                                    No 1317/90 (1#) and (EEC) No 1318/90 (");
Having regard to the Treaty establishing the European
Economic Community,                                                Whereas the prices fixed by the Council are to be reduced
                                                                    in accordance with Article 2 of Commission Regulation
Having regard to the Act of Accession of Spain and                 (EEC) No 784/90 of 29 March 1990 fixing the reducing
Portugal,                                                          coefficient for agricultural prices in the 1990/91 marke­
                                                                    ting year as a result of the monetary realignment of 5
                                                                   January 1990 and amending the prices and amounts fixed
Having regard to Council Regulation No 136/66/EEC of                in ecus for that marketing year ('2);
22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 2902/89 (2),                        Whereas Article 28 of Regulation No 136/66/EEC
                                                                    provides that a refund may be granted on exports to third
                                                                   countries of oil seeds harvested within the Community ;
Having regard to Council Regulation No 142/67/EEC of                whereas the amount of this refund may not exceed the
21 June 1967 on export refunds on colza, rape and                   difference between prices within the Community and
sunflower seeds (3), as last amended by the Act of Acces­           prices on the world market where the former are higher
sion of Greece, and in particular the second sentence of            than the latter ; whereas Article 21 of Regulation No
Article 2 (3) thereof,                                              136/66/EEC provides that, at present, Article 28 of that
                                                                    Regulation applies only to colza, rape and sunflower
                                                                    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 the refund for colza and rape seeds produced in
2929/90 0,                                                          Spain or Portugal is adjusted in accordance with Council
                                                                    Regulation (EEC) No 478/86 (,3);
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,
rape and sunflower seed (% as last amended by Regulation            Whereas Article 3 of Regulation No 142/67/EEC provides
(EEC) No 2206/90 f), and in particular Article 2 (3)                that when the refund is being calculated account must be
thereof,                                                            taken of prices ruling on the various Community markets
                                                                    which are representative from the point of view of proces­
                                                                    sing and exportation ; the most favourable quotations
Having regard to Commission Regulation (EEC) No                     recorded on the various markets of importing third coun­
2041 /75 of 25 July 1975 on special detailed rules for the          tries and costs incurred in placing the goods on the world
application of the system of import and export licences             market ; whereas, when the amount of the refund is being
and advance fixing certificates for oils and fats (*), as last      fixed, account must also be taken of the level of market
amended by Regulation (EEC) No 2662/87 (*), and in                  prices within the Community for the oil seeds referred to
particular Article 13 thereof,                                      in Article 21 of Regulation No 136/66/EEC and the
                                                                    future trend of these prices ; whereas, furthermore,
                                                                    account should be taken of the economic aspect of the
Having regard to the opinion of the Monetary Committee,             proposed exports and the situation in the Community
                                                                    regarding the supply of and demand for these seeds ;
Whereas, the target price and the monthly increases in
the target price for colza, rape and sunflower seed for the         Whereas the abatement of the subsidy for colza and tape
                                                                    seed wich arises from the system of maximum guaranteed
(') OJ  No 172, 30. 9. 1966, p. 3025/66.                            quantities for the 1990/91 marketing year has been fixed
(z) OJ  No L 280, 29. 9. 1989, p. 2.                                by Commission Regulation (EEC) No 2509/90 (14);
0   OJ  No 125, 26. 6. 1967, p. 2461 /67.
O   OJ  No L 164, 24. 6. 1985, p. 11 .
(*) See page 42 of this Official Journal.                           (I0) OJ No  L 132, 23. 5. 1990, p. 9.
(') OJ  No L 167, 25. 7. 1972, p. 9.                                (")  OJ No  L 132, 23. 5. 1990, p. 11 .
0   OJ  No L 201 , 31 . 7. 1990, p. 11 .                            H    OJ No  L 83, 30. 3. 1990, p. 102.
(") OJ  No L 213, 11 . 8. 1975, p. 1 .                              (»)  OJ No  L 53, 1 . 3. 1986, p. 55.
 ') OJ  No L 252, 3. 9. 1987, p. 6.                                 ('♦) OJ No  L 237, 1 . 9. 1990, p. 52.
 ---pagebreak--- No L 279/38                                Official Journal of the European Communities                                 11 . 10. 90
Whereas Article 1 of Commission Regulation (EEC) No                  (b) In the case of Member States other than those referred
651 /71 of 29 March 1971 on certain detailed rules for the                to in (a), the difference between :
application of export refunds on oil seeds ('), as last
amended by Regulation (EEC) No 1815/84 (2), provides                      — the agricultural conversion rate, and
that the amount of the refund must be calculated on the
                                                                          — the average rate of the ecu as published in the C
basis of the weight of exported seeds ; whereas this weight                   Series of the Official Journal of the European
must be adjusted to take account of any differences                           Communities during a period to be determined,
between the percentages of moisture and impurities found                      multiplied by the factor referred to in the second
to exist and those used to define the standard quality for                    indent of (a).
which the target price is fixed ; whereas, when this adjust­
ment is being made, the weight of the exported seeds
must be increased by the amount of the difference                    Whereas pursuant to Article 2 (2) of Regulation (EEC) No
                                                                      1569/72 forward differential amounts are to be deter­
between the actual moisture and impurities content and
that used to define the standard quality if the former is            mined where the forward exchange rate for one or more
lower than the latter ; whereas, if the opposite applies, the        currencies differs from the spot rate by at least a given
weight of the exported seeds must be reduced by the                  percentage ; whereas this percentage has been fixed at 0,5
same amount :
                                                                     by Regulation (EEC) No 1813/84 ;
                                                                     Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                     and forward exchange rates and the period to be used for
Whereas the standard quality referred to above was                   calculating the differential amounts ; whereas in cases
defined in Article 2 of Council Regulation (EEC) No                  where, for one or more months, quotations of forward
1 1 02/84 (3) ;                                                      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 2 of Regulation No 142/67/EEC provides
that the refund may be varied according to destination               Whereas it follows from applying these provisions to the
where the world market situation or the specific require­             current situation of the oil seeds market and to the rates
ments of certain markets make this necessary ;                        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
                                                                      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 (4), as last                makes provision for the period of validity of certificates
amended by Regulation (EEC) No 1539/90 (*), 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
( 1 ) of Regulation (EEC) No 1569/72 ; whereas, according
to these provisions, this percentage represents :                     HAS ADOPTED THIS REGULATION :
(a) for those Member States whose currencies are main­
      tained as between themselves within a spread at any                                         Article 1
      given moment of 2,25 % , the difference between :
      — the conversion rate used under the common agri­                1 . In the case of colza and rape seed, the amounts of
          cultural policy, and                                        the refund referred to in Article 4 ( 1 ) of Regulation (EEC)
                                                                      No 651 /71 shall be as set out in the Annex hereto.
      — the conversion rate resulting from the central rate
          of the correcting factor referred to in Article 6 (1 )      2.    There shall be no refund on sunflower seed.
          of Regulation (EEC) No 1677/85 (,4) as last
          amended by Regulation (EEC) No 2205/90 (l7).                3.     Certificates fixing the export refund in advance shall
                                                                      be valid from their date of issue until the end of the fol­
 (')  OJ  No  L 75, 30. 3. 1971 , p. 16.
                                                                      lowing month.
 (J)  OJ  No  L 170, 29. 6. 1984, p. 46.
 0    OJ  No  L 113, 28. 4. 1984, p. 8.                                                           Article 2
 n    OJ  No  L 170,  29. 6. 1984, p. 41 .
 o    OJ  No  L 145,  8. 6. 1990, p. 20.
 (6)  OJ  No  L 164,  24. 6. 1985, p. 6.                              This Regulation shall enter into force on 11 October
 0    OJ  No  L 201 , 31 . 7. 1990, p. 9.                              1990.
 ---pagebreak---  11 . 10. 90                            Official Journal of the European Communities                             No L 279 /39
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 10 October 1990.
                                                                              For the Commission
                                                                                Ray MAC SHARRY
                                                                          Member of the Commission
                                                            ANNEX
                   to the Commission Regulation of 10 October 1990 altering the export refunds on oil
                                                               seeds
                                                                                                      (amounts per 100 kilograms)
                                               Current      1st period    2nd period   3rd period   4th period      5th period
                                                  10             11           12            1            2               3
1 . Gross refunds (ECU) :                                               \
    — Spain                                        0,000          0,278       —            —             —              —
    — Portugal                                    23,470        23,748        —            —             —              —
    — other Member States                         16,500        16,778        —            —             —              —
2. Final refunds :                         II                           \                         I
    Seeds harvested and exported from :    \             \              \
    — Federal Republic of Germany (DM)            38,84         39,50         —            —             —              —
    — Netherlands (Fl)                            43,77         44,50         —            —             —              —
    — BLEU (Bfrs/Lfrs)                           801,18        814,68         —            —             —              —
    — France (FF)                                130,28        132,47         —            —             —              —
    — Denmark (Dkr)                              148,17        150,66         —            —             —              —
    — Ireland (£ Irl)                             14,500        14,744        —            —             —              —
    — United Kingdom (£)                          12,807        13,024        —            —'          . —              —
    — Italy (Lit)                            29 064        29 554             —            —             —              —
    — Greece (Dr)                              3 429,95      3 472^5          —            —             —              —
    — Spain (Pta)                                 68,63        111,13         —            —             —              —
    — Portugal (Esc)                           4 853,57      4 911,58         —            —             —              —