CELEX: 31986R1278
Language: en
Date: 1986-05-01 00:00:00
Title: Commission Regulation (EEC) No 1278/86 of 30 April 1986 fixing the export refunds on oil seeds

No L 114/28                              Official Journal of the European Communities                                 1 . 5 . 86
                                    COMMISSION REGULATION (EEC) No 1278/86
                                                        of 30 April 1986
                                           fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        difference between prices within the Community and
                                                                   prices on the world market where the former are higher
Having regard to the Treaty establishing the European              than the latter ; whereas Article 21 of Regulation No
Economic Community,                                                136/66/EEC provides that, at present, Article 28 of that
                                                                   Regulation applies only to colza, rape and sunflower
                                                                   seeds :
Having regard to the Act of Accession of Spain and
Portugal,
                                                                   Whereas the refund for colza and rape seeds produced in
Having regard to Council Regulation No 136/66/EEC of               Spain or Portugal is adjusted in accordance with Council
22 September 1966 on the establishment of a common                 Regulation (EEC) No 478/86 (12) ;
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 3768/85 (2),
                                                                   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 142/67/EEC of               taken of prices ruling on the various Community markets
21 June 1967 on export refunds on colza, rape and                  which are representative from the point of view of proces­
sunflower seeds (3), as last amended by Regulation (EEC)           sing and exportation ; the most favourable quotations
No 2429/72 (4), and in particular the first sentence of            recorded on the various markets of importing third coun­
Article 2 (3) thereof,                                             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 (EEC) No 1678/85               fixed, account must also be taken of the level of market
of 11 June 1985 fixing the conversion rates to be applied          prices within the Community for the oil seeds referred to
in agriculture (*), as last amended by Regulation (EEC) No         in Article 21 of Regulation No 136/66/EEC and the
3772/85 (<%                                                        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 Council Regulation (EEC) No 1569/72               regarding the supply of and demand for these seeds ;
of 20 July 1972 laying down special measures for colza,
rape and sunflower seed (J), as last amended by Regulation
(EEC) No 1474/84 (8), and in particular Article 2 (3)              Whereas in the absence of a target price for colza and
thereof,                                                           rape seed for the 1985/86 marketing year and of an
                                                                   amount for the monthly increases applicable in June
Having regard to the opinion of the Monetary Committee,             1986 for colza and rape seed, in cases of advance fixing
                                                                   for the months of May and June 1986 of the refund on
                                                                   these products it has been possible only to make a provi­
Whereas the target price and the monthly increases in the          sional calculation using the target price and monthly
target price for sunflower seed for the 1985/86 marketing          increase proposed by the Commission to the Council for
year were fixed by Regulations (EEC) No 1489/85 (9) and            the 1985/86 marketing year ; whereas therefore such
(EEC) No 1490/85 (10) ; whereas the target price for colza,        refund amounts must be applied only provisionally and
rape and sunflower seed in Spain and in Portugal was               confirmed or altered when the target price for the
fixed by Regulation (EEC) No 454/86 (");                            1985/86 marketing year is known ;
Whereas Article 28 of Regulation No 136/66/EEC
provides that a refund may be granted on exports to third          Whereas in the absence of a target price for colza and
countries of oil seeds harvested within the Community ;            rape seed for the 1986/87 marketing year, in cases of
whereas the amount of this refund may not exceed the               advance fixing for the months of August, September and
                                                                   October 1986 of the refund on these products, it has been
(') OJ No 172, 30. 9. 1966, p. 3025/66.
                                                                    possible only to make a provisional calculation using the
(2) OJ No L 362, 31 . 12. 1985, p. 8 .                              target price and the monthly increase proposed by the
(3) OJ No   125, 26. 6. 1967, p. 2461 /67.                          Commission to the Council for the 1986/87 marketing
(«) OJ No  L 264, 23 . 11 . 1972, p. 1 .                           year ; whereas therefore such refund amounts must be
(*) OJ No   L 164, 24. 6. 1985, p. 11 .                             applied only provisionally and confirmed or altered when
0   OJ No   L 362, 31 . 12. 1985, p. 24.
0   OJ No   L 167, 25. 7. 1972, p. 9.                               the target price for the 1986/87 marketing year and the
(8) OJ No L 143, 30. 5. 1984, p. 4.                                 amount for the monthly increases are known ;
0 OJ No L 151 , 10. 6. 1985, p. 13.
H OJ No L 151 , 10. 6. 1985, p. 14.
(») OJ No L 53, 1 . 3. 1986, p. 6.                                  (,2) OJ No L 53, 1 . 3. 1986, p. 55.
 ---pagebreak--- 1 . 5 . 86                                 Official Journal of the European Communities                              No L 114/29
Whereas Article 1 of Commission Regulation (EEC) No                           currency of the Member State concerned and the
651 /71 of 29 March 1971 on certain detailed rules for the                    central rate of each of the currencies of the
application of export refunds on oil seeds (') as last                        Member States referred to in (a), and
amended by Regulation (EEC) No 1815/84 (2), provides
that the amount of the refund must be calculated on the                  — the spot market rate for the currency of the
basis of the weight of exported seeds ; whereas this weight                   Member State in question in relation to each of
                                                                              the currencies of the Member States referred to in
must be adjusted to take account of any differences
between the percentages of moisture and impurities found                      (a), as recorded over a period to be determined ;
to exist and those used to define the standard quality for
which the target price is fixed ; whereas, when this adjust­         Whereas, however, pursuant to Article 2a of Regulation
ment is being made, the weight of the exported seeds                 (EEC) No 1569/72, the monetary disparity for the marke­
must be increased by the amount of the difference                    ting years 1984/85 to 1986/87 will be calculated by a
between the actual moisture and impurities content and               method which takes into account a coefficient applied to
that used to define the standard quality if the former is            the conversion rate resulting from the central rate ;
lower than the latter ; whereas, if the opposite applies, the        whereas Regulation (EEC) No 1014/86 (^ fixed the coeffi­
weight of the exported seeds must be reduced by the                  cient ;
same amount :
                                                                     Whereas pursuant to Article 2 (2) of Regulation (EEC) No
                                                                     1569/72 forward differential amounts are to be deter­
Whereas the standard quality referred to above was                   mined where the forward exchange rate for one or more
defined in Article 2 of Council Regulation (EEC) No                  currencies differs from the spot rate by at least a given
1102/84 0 ;                                                          percentage ; whereas this percentage has been fixed at 0,5
                                                                     by Regulation (EEC) No 1813/84 ;
Whereas Article 2 of Regulation No 142/67/EEC provides               Whereas Regulation (EEC) No 1813/84 specifies the spot
that the refund may be varied according to destination               and forward exchange rates and the period to be used for
where the world market situation or the specific require­            calculating the differential amounts ; whereas in cases
ments of certain markets make this necessary ;                       where, for one or more months, quotations of forward
                                                                     exchange rates are not available, the rates adopted for the
                                                                     previous months or the following months, as the case may­
Whereas Article 4 of Regulation (EEC) No 651 /71                     be, must be used ;
provides for the publication of the amount of the final
refund obtained from the conversion into each of the
national currencies of the amount of the refund in ECU               Whereas it follows from applying these provisions to the
                                                                     current situation of the oil-seeds market and to the rates
plus or minus the differential amount ; whereas Article 1
                                                                     or prices of these products that, pursuant to Article 4 of
of Regulation (EEC) No 1813/84 (4) defined the elements              Regulation (EEC) No 651 /71 , the amount of the refund in
which determine the differential amounts ; whereas these             ECU and the amount of the final refund in each of the
elements are equal to the incidence on the target price or           national currencies must, in the case of colza and rape
the refund of the coefficient derived from the percentage
                                                                     seed, be fixed in accordance with the Annex to this Regu­
referred to in Article 2 ( 1 ) of Regulation (EEC) No                lation ; whereas it is not necessary to fix a refund for
1569/72 ; whereas, according to these provisions, this               sunflower seed ;
percentage represents :
                                                                     Whereas the measures provided for in this Regulation are
(a) for those Member States whose currencies are main­               in accordance with the opinion of the Management
     tained as between themselves within a spread at any             Committee for Oils and Fats,
     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                 1.    In the case of colza and rape seed, fhe amounts or
                                                                      the refund referred to in Article 4 (1 ) of Regulation (EEC)
(') OJ   No  L 75, 30 . 3 . 1971 , p. 16 .                            No 651 /71 shall be as set out in the Annex hereto .
(2) OJ   No  L 170, 29. 6. 1984, p. 46.
(3) OJ   No  L 113, 28 . 4. 1984, p. 8 .
(4) OJ   No  L 170, 29 . 6. 1984, p. 41 .                            Is) OJ No L 94, 9 . 4. 1986, p. 19 .
 ---pagebreak---      No L 114/30                            Official Journal of the European Communities                                            1 . 5 . 86
     2. In cases of advance fixing of the refund on colza and               target price set for these products for the 1986/87 marke­
     rape seed for the months of May and June 1986 the                      ting year and of the amount of the monthly increase for
     amount will however be confirmed or altered with effect                September and October 1986.
     from 1 May 1986 on the basis of the target price set for
     these products for the 1985/86 marketing year and of the               4.    There shall be no refund on sunflower seed.
     amount for the monthly increases applicable in June
     1986 on colza and rape seed.
     3 . In cases of advance fixing of the refund on colza and ,                                        Article 2
     rape seed for the months of July, August, September and
     October 1986 the amount will however be confirmed or
     altered with effect from 1 May 1986 on the basis of the                This Regulation shall enter into force on 1 May 1986.
                         This Regulation shall be binding in its entirety and directly applicable in all Member
                         States.
                         Done at Brussels, 30 April 1986.
                                                                                       For the Commission
                                                                                        Frans ANDRIESSEN
                                                                                           Vice-President
                                                                    ANNEX
                           to the Commission Regulation of 30 April 1986 fixing the export refunds on colza
                                                                and rape seed
                                                                                                                       (amounts per 100 kilograms)
                                                  Current
                                                 month (')     2nd month (')     3rd month (2)   4th month (2)    5th month (2)    6th month (2)
 t . Gross refunds (ECU) :                                                                     I
     — Spain                                        20,870           20,870            17,320          17,320           17,816           18,312
     — Portugal                                     27,000           27,000            22,840          22,840           23,336           23,832
     — other Member States                          27,000           27,000            22,840          22,840           23,336           23,832
2 . Final refunds :                          II                                                lI
     Seeds harvested and exported from :
                                                       '
                                                                                               lI
     — Federal Republic of Germany (DM)             66,00            66,00             56,10           56,24            57,43            59,07
     — Netherlands (Fl)                             74,37            74,37             63,19           63,34            64,68            66,47
     — BLEU (Bfrs/Lfrs)                          1 231,45         1 231,45          1 059,70       1 058,77         1 082,02         1 098,29
     —   France (FF)                               176,19           176,19            151,28          150,60           154,12           158,64
     —   Denmark (Dkr)                             223,28           223,28            194,10          194,10           198,34           202,08
     —   Ireland (£ Irl)                            19,722           19,722            17,113          17,073           17,450           17,757
     —   United Kingdom (£)                         14,926           14,926            12,739          12,739           13,050           13,200
     —   Italy (Lit)                            37 230          37 227            33 516          33 332           34 095           34 643
     —   Greece (Dr)                             1 719,35         1 719,35          1 918,30        1 883,11         1 940,98        1 899,34
     —   Spain (Pta)                             2 931,30         2 931,30          2 442,43       2 442,43         2 514,75         2 536,29
     —   Portugal (Esc)                          3 940,51         3 896,18          3 248,94       3 178,87         3 254,17         3 190,99
['"> 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 .
(-: Contingent on the Council's decision on prices and related matters for the 1986/87 marketing year.