CELEX: 31985R2166
Language: en
Date: 1985-08-01 00:00:00
Title: Commission Regulation (EEC) No 2166/85 of 31 July 1985 fixing the export refunds on oil seeds

1 . &. 85                               Official Journal of the European Communities                         No L 203/25
                                   COMMISSION REGULATION (EEC) No 2166/85
                                                        of 31 July 1985
                                            fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN                                    of Regulation No 136/66/EEC provides that, at
COMMUNITIES,                                                      present, Article 28 of that 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
Having regard to Council Regulation No 136/66/EEC                 provides that when the refund is being calculated
of 22 September 1966 on the establishment of a                    account must be taken of prices ruling on the various
common organization of the market in oils and fats ('),            Community markets which are representative from the
as last amended by Regulation (EEC) No 231 /85 (2),                point of view of processing and exportation ; the most
                                                                   favourable quotations recorded on the various markets
Having regard to Council Regulation No 142/67/EEC                 of importing third countries and costs incurred in
of 21 June 1967 on export refunds on colza, rape and               placing the goods on the world market ; whereas,
sunflower seeds (3), as last amended by Regulation                when the amount of the refund is being fixed, account
(EEC) No 2429/72 (4), and in particular the first                  must also be taken of the level of market prices within
sentence of Article 2 (3) thereof,                                 the Community for the oil seeds referred to in Article
                                                                   21 of Regulation No 136/66/EEC and the future trend
                                                                   of these prices ; whereas, furthermore, account should
Having regard to Council Regulation (EEC) No                       be taken of the economic aspect of the proposed
1223/83 of 20 May 1983 on the exchange rates to be                 exports and the situation in the Community regarding
applied in agriculture (*), as last amended by Regula­             the supply of and demand for these seeds ;
tion (EEC) No 1297/85 (6),
Having regard to Council Regulation (EEC) No
 1569/72 of 20 July 1972 laying down special measures              Whereas, in the absence of the target price for the
for colza, rape and sunflower seed Q, as last amended              1985/86 marketing year for colza and rape seed and in
by Regulation (EEC) No 1474/84 (8), and in particular              the absence of the amount of the monthly increase for
Article 2 (3) thereof,                                             September, October, November, December 1985 and
                                                                   January 1986 for colza and rape seed, the amount of
                                                                   the refunds in the case of advance fixing for July,
Having regard to the opinion of the Monetary                       August, September, October, November, December
Committee,                                                          1985 and January 1986 for colza and rape seed has
                                                                   been obtainable only provisionally on the basis of the
Whereas the target price and the monthly increases in              target price and the monthly increase proposed by the
the target price for sunflower seed for the 1985/86                Commission to the Council for the marketing year
marketing year were fixed by Regulations (EEC) No                   1985/86 ; whereas this amount may, therefore, be
 1489/85 (9) and (EEC) No 1490/85 (10) ;                           applied on a temporary basis and should be confirmed
                                                                   or replaced when the indicative price of the 1985/86
Whereas Article 28 of Regulation No 136/66/EEC                     marketing year is known ;
 provides that a refund may be granted on exports to
 third countries of oil seeds harvested within the
 Community ; whereas the amount of this refund may                 Whereas Article 1 of Commission Regulation (EEC)
 not exceed the difference between prices within the                No 651 /71 of 29 March 1971 on certain detailed rules
 Community and prices on the world market where the                 for the application of export refunds on oil seeds ("), as
 former are higher than the latter ; whereas Article 21             last amended by Regulation (EEC) No 1815/84 (12),
                                                                    provides that the amount of the refund must be calcu­
(') OJ No 172, 30. 9. 1966, p. 3025/66.                             lated on the basis of the weight of exported seeds ;
(2) OJ No L 26, 31 . 1 . 1985, p. 12.                              whereas this weight must be adjusted to take account
(3) OJ No 125, 26. 6. 1967, p. 2461 /67.                            of any differences between the percentages of moisture
(4) OJ  No  L 264, 23 . 11 . 1972, p . 1 .
 0 OJ   No  L 132, 21 . 5. 1983, p. 33.                             and impurities found to exist and those used to define
 (6) OJ No  L 137, 27. 5 . 1985, p . 1 .                            the standard quality for which the target price is fixed ;
 O OJ   No  L 167, 25. 7 . 1972, p . 9 .
 (8) 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.
 H OJ    No  L 151 , 10 . 6 . 1985, p . 14.                          12 OJ No L 170, 29 . 6. 1984, p . 46 .
 ---pagebreak---  No L 203/26                           Official Journal of the European Communities                                1 . 8 . 85
whereas, when this adjustment is being made, the                          the currencies of the Member States referred to
weight of the exported seeds must be increased by the                     in (a), as recorded over a period to be deter­
amount of the difference between the actual moisture                      mined ;
 and impurities content and that used to define the
 standard quality if the former is lower than the latter ;
whereas, if the opposite applies, the weight of the              Whereas, however, pursuant to Article 2a of Regula­
 exported seeds must be reduced by the same amount ;             tion (EEC) No 1 569/72, the monetary disparity for the
                                                                 marketing years 1984/85 to 1986/87 will be calculated
                                                                 by a method which takes into account a coefficient
Whereas the standard quality referred to above was               applied to the conversion rate resulting from the
 defined in Article 2 of Council Regulation (EEC) No             central rate ; whereas the said Article 2a fixed the coef­
 1102/84 (>);                                                    ficient for the beginning of the 1984/85 marketing
                                                                 year ; whereas account should be taken thereof in
                                                                 respect of colza and rape seed with effect from 1 July
Whereas Article 2 of Regulation No 142/67/EEC                     1984, and in respect of sunflower seed with effect from
 provides that the refund may be varied according to              1 August 1984 ;
destination where the world market situation or the
specific requirements of certain markets make this
                                                                 Whereas pursuant to Article 2 (2) of Regulation (EEC)
 necessary ;
                                                                 No 1569/72 forward differential amounts are to be
                                                                 determined where the forward exchange rate for one
                                                                 or more currencies differs from the spot rate by at least
Whereas Article 4 of Regulation (EEC) No 651 /71                 a given percentage ; whereas this percentage has been
 provides for the publication of the amount of the final         fixed at 0,5 by Regulation (EEC) No 1813/84 ;
 refund obtained from the conversion into each of the
national currencies of the amount of the refund in
 ECU plus or minus the differential amount ; whereas             Whereas where, for one or more months, forward
Article 1 of Regulation (EEC) No 1813/84 (2) defined             exchange rates are not available, the rate adopted for
 the   elements     which   determine       the   differential
                                                                 the previous month or the following month, as the
amounts ; whereas these elements are equal to the                case may be, is to be used ;
incidence on the target price or the refund of the coef­
ficient derived from the percentage referred to in
Article 2 ( 1 ) of Regulation (EEC) No 1569/72 ;                 Whereas, for the period 24 to 30 July 1985, for certain
whereas, according to these provisions, this percentage          currencies :
represents :
                                                                 — for the current month, the difference referred to in
(a) for those Member States whose currencies are                     Article 2 ( 1 ) of Regulation (EEC) No 1569/72
     maintained as between themselves within a spread                differs by more than one point from the percen­
     at any given moment of 2,25 % , the difference                  tage adopted for the previous fixing,
     between :
                                                                 — for certain following months the difference
     — the conversion rate used under the common
                                                                     referred to in Article 2 (2) of Regulation (EEC) No
                                                                     1569/72 exceeds 0,5 % ; whereas this difference in
         agricultural policy, and                                    the case of certain forward differential amounts
     — the conversion rate resulting from the central                differs by more than one point from the percen­
         rate,                                                       tage adopted for the previous fixing ;
(b) for Italy, the United Kingdom and Greece, the                Whereas it follows from applying these provisions to
     difference between :                                        the current situation of the oil-seeds market and to the
                                                                 rates or prices of these products that, pursuant to
     — the relationship between the conversion rate              Article 4 of Regulation (EEC) No 651 /71 , the amount
         used under the common agricultural policy for           of the refund in ECU and the amount of the final
         the currency of the Member State concerned              refund in each of the national currencies must, in the
         and the central rate of each of the currencies of       case of colza and rape seed, be fixed in accordance
         the Member States referred to in (a), and               with the Annex to this Regulation ; whereas it is not
                                                                 necessary to fix a refund for sunflower seed ;
     — the spot market rate for the currency of the
         Member State in question in relation to each of
                                                                 Whereas the measures provided for in this Regulation
(') OJ No L 113 , 28 . 4. 1984, p. 8 .                           are in accordance with the opinion of the Management
0 OJ No L 170 , 29 . 6 . 1984, p . 41 .                          Committee for Oils and Fats,
 ---pagebreak---             1 . 8 . 85                         Official Journal of the European Communities                                       No L 203/27
           HAS ADOPTED THIS REGULATION :
                                                                                 replaced as from 1 August 1985 to take into account
                                                                                 the indicative price which is fixed for these products
                                  Article 1                                      for the 1985/86 marketing year, and the amount of the
                                                                                 monthly increase for September, October, November,
           In the case of colza and rape seed, the amounts of the                December 1985 and January 1986 for colza and rape
                                                                                 seed .
           refund referred to in Article 4 (1 ) of Regulation (EEC)
           No 651 /71 shall be as set out in the Annex hereto .                  No refund is fixed for sunflower seed.
           The amount of the refunds in the case of advance
                                                                                                             Article 2
           fixing for July, August, September, October,
           November, December 1985 and January 1986 for                          This Regulation shall enter into force on 1 August
           colza and rape seed will, however, be confirmed or                    1985 .
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States .
                        Done at Brussels, 31 July 1985.
                                                                                             For the Commission
                                                                                              Frans ANDRIESSEN
                                                                                                 Vice-President
                                                                     'ANNEX
                         to the Commission Regulation of 31 July 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)                             14,000 (')        14,520 (')         15,040 (')        15,560 (')      1 6,080 (')        16,600 (')
2 . Final refunds
    Seeds harvested and exported from :
    — Federal Republic of Germany (DM)              35,59 (')         36,83 (')          38,10 (')         39,54 (')       40,78 (')          42,65 (■)
    —   Netherlands (Fl)                            40,11 (')         41,50 (*)          42,90 (')         44,52 (■)       45,91 (')          47,94 (')
    —   BLEU (Bfrs/Lfrs)                           649,77 (')       673,90 (')          698,03 (')       720,90 (■)      745,03 (')         759,67 (')
    —   France (FF)                                 94,61 (')         98,25 (')         101,39 (')        104,11 (')      107,75 (')         111,40 (')
    —   Denmark (Dkr)                              117,8.1 (')      122,19 (>)          126,56 0          130,94 (')      135,31 (>)         139,01 (')
    —   Ireland (£ Irl)                             10,502 (')        10,892 (')         11,277 (')        11,608 (')      11,998 (')         12,246 (')
    —   United Kingdom (£)                           9,841 (')        10,163 (')         1 0,485 (')       10,806 (')      11,128 (')         11,231 (')
    —   Italy (Lit)                             18 273     (')  19 040-      (')   19 557        (')  20 083      (') 20 854       (')  21 338       (')
    —   Greece (Dr)                              1 271,88 (')     1 325,10 (')       1 378,32 (')      1 431,54 (')    1 484,76 (')       1 537,98 (')
(') On the basis of the Commission's last proposal concerning the indicative price and subject to confirmation by the Council s decision.