CELEX: 31985R0258
Language: en
Date: 1985-02-01 00:00:00
Title: Commission Regulation (EEC) No 258/85 of 31 January 1985 fixing the export refunds on oil seeds

1 . 2 . 85                                Official Journal of the European Communities                         No L 28 / 19
                                     COMMISSION REGULATION (EEC) No 258/85
                                                         of 31 January 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 2260/84 (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                 Whereas, in the absence of the indicative price for the
sunflower seeds (3), as last amended by Regulation                    1985/86 marketing year for colza and rape seed, in
(EEC) No 2429/72 (4), and in particular the first                    case of advance fixing for July 1985, the amount of
sentence of Article 2 (3) thereof,                                   the refunds on these products has been obtainable
                                                                     only on the basis of the indicative price proposed by
Having regard to Council Regulation (EEC) No                         the Commission to the Council for the marketing year
 1223/83 of 20 May 1983 on the exchange rates to be                   1985/86 ; whereas this amount may, therefore, be
applied in agriculture (*), as last amended by Regula­               applied on a temporary basis and should be confirmed
tion (EEC) No 855/84 (6),                                            or replaced when the indicative price of the 1985/86
                                                                     marketing year is known ;
Having regard to Council Regulation (EEC) No
 1569/72 of 20 July 1972 laying down special measures
                                                                     Whereas Article 1 of Commission Regulation (EEC)
for colza, rape and sunflower seed Q, as last amended                No 651 /71 of 29 March 1971 on certain detailed rules
by Regulation (EEC) No 1474/84 (8), and in particular                for the application of export refunds on oil seeds (9), as
Article 2 (3) thereof,                                               last amended by Regulation (EEC) No 181 5/84 (10),
                                                                     provides that the amount of the refund must be calcu­
Having regard to the opinion of the Monetary                         lated on the basis of the weight of exported seeds ;
Committee,
                                                                     whereas this weight must be adjusted to take account
                                                                     of any differences between the percentages of moisture
Whereas Article 28 of Regulation No 136/66/EEC                       and impurities found to exist and those used to define
provides that a refund may be granted on exports to                  the standard quality for which the target price is fixed ;
third     countries  of oil     seeds     harvested within   the
                                                                     whereas, when this adjustment is being made, the
Community ; whereas the amount of this refund may                    weight of the exported seeds must be increased by the
not exceed the difference between prices within the                  amount of the difference between the actual moisture
Community and prices on the world market where the                   and impurities content and that used to define the
former are higher than the latter ; whereas Article 21               standard quality if the former is lower than the latter ;
of Regulation No 136/66/EEC provides that, at                        whereas, if the opposite applies, the weight of the
present, Article 28 of that Regulation applies only to               exported seeds must be reduced by the same amount ;
colza, rape and sunflower seeds ;
Whereas Article 3 of Regulation No 142/67/EEC                        Whereas the standard quality referred to above was
provides that when the refund is being calculated                    defined in Article 2 of Council Regulation (EEC) No
account must be taken of prices ruling on the various                1 1 02/84 (");
Community markets which are representative from the
point of view of processing and exportation ; the most               Whereas Article 2 of Regulation No 142/67/EEC
                                                                     provides that the refund may be varied according to
                                                                     destination where the world market situation or the
(■)  OJ   No 172, 30 . 9 . 1966, p. 3025/66.
(2)  OJ   No L 208 , 3 . 8 . 1984, p. 1 .                            specific requirements of certain markets make this
(3)  OJ   No 125, 26. 6. 1967, p. 2461 /67.                          necessary ;
(4)  OJ   No L 264, 23 . 11 . 1972, p. 1 .
O    OJ   No L 132, 21 . 5. 1983, p. 33 .
(6)  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 .                             (I0) OJ No L 170, 29. 6. 1984, p. 46.
(8)  OJ   No L 143 , 30 . 5. 1984, p. 4.                             (") OJ No L 113, 28 . 4. 1984, p. 8.
 ---pagebreak--- No L 28 /20                         Official Journal of the European Communities                                1 . 2. 85
Whereas Article 4 of Regulation (EEC) No 651 /71              Whereas where, for one" or more months, forward
provides for the publication of the amount of the final       exchange rates are not available, the rate adopted for
refund obtained from the conversion into each of the          the previous month or the following month, as the
national currencies of the amount of the refund in            case may be, is to be used ;
ECU plus or minus the differential amount ; whereas
Article 1 of Regulation (EEC) No 1813/84 0 defined            Whereas, for the period 23 to 29 January 1985, for
the    elements     which   determine    the   differential   certain currencies :
amounts ; whereas these elements are equal to the
incidence on the target price or the refund of the coef­      — for the current month, the difference referred to in
ficient derived from the percentage referred to in                Article 2 ( 1 ) of Regulation (EEC) No 1569/72
Article 2 (1 ) of Regulation (EEC) No 1569/72 ;                   differs by more than one point from the percen­
whereas, according to these provisions, this percentage           tage adopted for the previous fixing,
represents :
                                                              — for certain following months the difference
                                                                  referred to in Article 2 (2) of Regulation (EEC) No
(a) for those Member States whose currencies are                  1569/72 exceeds 0,5 % ; whereas this difference in
     maintained as between themselves within a spread             the case of certain forward differential amounts
     at any given moment of 2,25 % , the difference               differs by more than one point from the percen­
     between :                                                    tage adopted for the previous fixing ;
     — the conversion rate used under the common              Whereas it follows from applying these provisions to
         agricultural policy, and                             the current situation of the oil-seeds i larket and to the
     — the conversion rate resulting from the central         rates or prices of these products that, pursuant to
         rate,
                                                              Article 4 of Regulation (EEC) No 651 /71 , the amount
                                                              of the refund in ECU and the amount of the final
                                                              refund in each of the national currencies must, in the
(b) for Italy, the United Kingdom and Greece, the             case of colza and rape seed, be fixed in accordance
     difference between :
                                                              with the Annex to this Regulation ; whereas it is not
                                                              necessary to fix a refund for sunflower seed ;
     — the relationship between the conversion rate
         used under the common agricultural policy for        Whereas the measures provided for in this Regulation
         the currency of the Member State concerned           are in accordance with the opinion of the Management
         and the central rate of each of the currencies of
                                                              Committee for Oils and Fats,
         the Member States referred to in (a), and
     — 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      HAS ADOPTED THIS REGULATION :
         in (a), as recorded over a period to be deter­
         mined ;
                                                                                       Article 1
Whereas, however, pursuant to Article 2a of Regula­
tion (EEC) No 1569/72, the monetary disparity for the
marketing years 1984/85 to 1986/87 will be calculated         In the case of colza and rape seed, the amounts of the
by a method which takes into account a coefficient            refund referred to in Article 4 ( 1 ) of Regulation (EEC)
applied to the conversion rate resulting from the             No 651 /71 shall be as set out in the Annex hereto.
central rate ; whereas the said Article 2a fixed the coef­
ficient for the beginning of the 1984/85 marketing            The amount of the refunds in the case of advance
year ; whereas account should be taken thereof in
                                                              fixing for July 1985 will, however, for colza and rape
respect of colza and rape seed with effect from 1 July        seed, be confirmed or replaced as from 1 February
1984, and in respect of sunflower seed with effect from        1985 to take into account the indicative price which is
1 August 1984 ;                                               fixed for these products for the 1985/86 marketing
                                                              year.
Whereas pursuant to Article 2L (2) of Regulation (EEC)
No 1569/72 forward differential amounts are to be             No refund is fixed for sunflower seed .
determined where the forward exchange rate for one
or more currencies differs from the spot rate by at least
a given percentage ; whereas this percentage has been                                 Article 2
fixed at 0,5 by Regulation (EEC) No 1813/84 ;
                                                              This Regulation shall enter into force on 1 February
(') OJ No L 170, 29. 6. 1984, p. 41 .                          1985 .
 ---pagebreak---           1 . 2. 85                        Official Journal of the European Communities                               No L 28 /21
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States .
                        Done at Brussels, 31 January 1985.
                                                                                  For the Commission
                                                                                   Frans ANDRIESSEN
                                                                                      Vice-President
                                                                ANNEX
                         to the Commission Regulation of 31 January 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)                           9,500         10,020          10,540           10,540        10,540          4,690 (')
2. Final refunds                                         l\||
     Seeds harvested and exported from :                 l                                               -
                                                                                                           \
     —  Federal Republic of Germany (DM)          25,43          26,67           27,95            28,21         28,21          15,04 (')
     —  Netherlands (Fl)                          28,66          30,06           31,46            31,73         31,73          16,80 (')
     —  BLEU (Bfrs/Lfrs)                         440,91         465,05          489,18          487,58        487,58         204,09 (')
     —  France (FF)                               55,55          59,13           62,08            60,94         60,94          20,77 (')
     —  Denmark (Dkr)                             79,94          84,32 .         88,69            88,69         88,69          38,62 (')
     —  Ireland (£ Irl)                            7,126          7,516           7,900            7,826         7,826          2,898 (>)
     —  United Kingdom (£)                         4,254          4,576           4,897            4,897         4,897          1,278 0)
     —  Italy (Lit)                           13 604        14 344          14 780          14 482         14 482          5 165      (')
     —  Greece (Dr)                              671,15         718,23          765,30           765,30       765,30         235,71 (■)
(') On the basis of the Commission s proposal concerning the indicative price and subject to confirmation by the Council's decision.