CELEX: 31989R1509
Language: en
Date: 1989-06-01 00:00:00
Title: Commission Regulation (EEC) No 1509/89 of 31 May 1989 fixing the export refunds on oil seeds

1 . 6. 89                              Official Journal of the European Communities                           No L 148/29
                                    COMMISSION REGULATION (EEC) No 1509/89
                                                        of 31 May 1989
                                          fixing the export refunds on oil seeds
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas Article 28 of Regulation No 136/66/EEC
                                                                  provides that a refund may be granted on exports to third
 Having regard to the Treaty establishing the European            countries of oil seeds harvested within the Community ;
 Economic Community,                                              whereas the amount of this refund may not exceed the
                                                                  difference between prices within the Community and
 Having regard to the Act of Accession of Spain and               prices on the world market where the former are higher
 Portugal,                                                        than the latter ; whereas Article 21 of Regulation No
 Having regard to Regulation No 136/66/EEC of the                  136/66/EEC provides that, at present, Article 28 of that
 Council of 22 September 1966 on the-establishment of a           Regulation applies only to colza, rape and sunflower
 common organization of the market in oils and fats ('), as       seeds ;
 last amended by Regulation (EEC) No 1225/89 (2),
                                                                  Whereas the refund for colza and rape seeds produced in
 Having regard to Regulation No 142/67/EEC of the                 Spain or Portugal is adjusted in accordance with Council
 Council of 21 June 1967 on export refunds on colza, rape         Regulation (EEC) No 478/86 (14) ;
 and sunflower seeds (3), as last amended by the Act of
 Accession of Greece, and in particular the first sentence
 of Article 2 (3) thereof,                                        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 (EEC) No 1678/85              taken of prices ruling on the various Community markets
 of 11 June 1985 .fixing the conversion rates to-be applied        which are representative from the point of view of proces­
 in agriculture (4), as last amended by Regulation (EEC) No        sing and exportation ; the most favourable quotations
  1 132/89 (^                                                      recorded on the various markets of importing third coun­
  Having regard to Regulation (EEC) No 1569/72 of the              tries and costs incurred in placing the goods on the world
  Council of 20 July 1972 laying down special measures for         market ; whereas, when the amount of the refund is being
                                                                   fixed, account must also be taken of the level of market
 colza, rape and sunflower seed (*), as last amended by
 Regulation (EEC) No 2216/88 Q, and in particular Article          prices within the Community for the oil seeds referred to
 2 (3) thereof,                                                    in Article 21 of Regulation No 136/66/EEC and the
                                                                   future trend of these prices ; whereas, furthermore,
  Having regard to Regulation (EEC) No 2041 /75 of the             account should be taken of the economic aspect of the
  Commission of 25 July 1975 on special detailed rules for         proposed exports and the situation in the Community
 the application of the system of import and export                regarding the supply of and demand for these seeds ;
  licences and advance fixing certificates for oils and fats (8),
  as last amended by Regulation (EEC) No 2662/87 (9), and          Whereas the abatement of the subsidy for colza and rape
  in particular Article 13 thereof,                                seed which arises from the system of maximum guaran­
  Having regard to the opinion of the Monetary Committee,          teed quantities for the 1988/89 marketing year has been
                                                                   fixed by Commission Regulation (EEC) No 2761 /88 (1S) ;
 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 refund which arises, where
  1988/89 marketing year were fixed by Council Regula­             appropriate, from the system of maximum guaranteed
  tions (EEC) No 2213/88 (10) and (EEC) No 2214/88 (») ;           quantities for the 1989/90 year, has not, to date, been
                                                                   fixed ; whereas the amount of the refund for the 1989/90
 Whereas, the target price and the monthly increases in
 the target price for colza, rape and sunflower seed for the       year has been provisionally calculated on the basis of an
  1989/90 marketing year were fixed by Regulations (EEC)           abatement of ECU 3,44 per 100 kilograms for colza and
  NO 1228/89 (12) and (EEC) No 1229/89 (,3) ;                      rape seed ;
 (') OJ No 172, 30. 9. 1966, p. 3025/66.                           Whereas Article 1 of Regulation (EEC) No 651 /71 of the
 (2) OJ No L 128, 11 . 5. 1989, p. 15.                             Commission of 29 March 1971 on certain detailed rules
 (3) OJ No 125, 26. 6. 1967, p. 2461 /67.                          for the application of export refunds on oil seeds (16), as
 (4) OJ No L 164, 24. 6. 1985, p. 11 .
 (*) OJ No L 119, 29 . 4. 1989, p. 26.                             last amended by Regulation (EEC) No 1815/84 (17),
 (6) OJ No L 167, 25. 7. 1972, p. 9.                               provides that the amount of the refund must be calculated
 0 OJ No L 197, 26. 7. 1988, p. 10.                                on the basis of the weight of exported seeds ; whereas this
 (8) OJ No L 213, 11 . 8 . 1975, p. 1 .
 (') OJ No L 252, 3. 9 . 1987, p. 6.
•0°) OJ No L 197, 26. 7. 1988, p. 6.                               (,4) OJ No  L 53, 1 . 3. 1986, p. 55.
 (") OJ No L 197, 26. 7. 1988, p. 8.                               C5)  OJ No  L 247, 6. 9. 1988, p. 7.
 (>2) OJ No L 128, 11 . 5. 1989, p. 20.                            H    OJ No  L 75, 30. 3. 1971 , p. 16.
 (,3) OJ No L 128, 11 . 5. 1989, p. 22.                            (17) OJ No  L  170, 29. 6. 1984, p. 46.
 ---pagebreak--- No L 148/30                             Official Journal of the European Communities                                   1 . 6. 89
weight must be adjusted to take account of any diffe­             mined where the forward exchange rate for one or more
rences between the percentages of moisture and impur­             currencies differs from the spot rate by at least a given
ities found to exist and those used to define the standard        percentage ; whereas this percentage has been fixed at 0,5
quality for which the target price is fixed ; whereas, when       by Regulation (EEC) No 1813/84 ;
this adjustment is being made, the weight of the exported
seeds must be increased by the amount of the difference           Whereas Regulation (EEC) No 1813/84 specifies the spot
between the actual moisture and impurities content and            and forward exchange rates and the period to be used for
that used to define the standard quality if the former is         calculating the differential amounts ; whereas in cases
lower than the latter ; whereas, if the opposite applies, the     where, for one or more months, quotations of forward
weight of the exported seeds must be reduced by the               exchange rates are not available, the rates adopted for the
same amount ;                                                     previous months or jthe following months, as the case may
                                                                  be, must be used ;
Whereas the standard quality referred to above was
defined in Article 2 of Council Regulation (EEC) No               Whereas it follows from applying these provisions to the
                                                                  current situation of the oil seeds market and to the rates
1 1 02/84 0) ;
                                                                  or prices of these products that, pursuant to Article 4 of
                                                                   Regulation (EEC) No 651 /71 , the amount of the refund in
Whereas Article 2 of Regulation No 142/67/EEC provides             ecus and the amount of the final refund in each of the
that the refund may be varied according to destination             national currencies must, in the case .of colza and rape
where the world market situation or the specific require­          seed, be fixed in accordance with the Annex to this Regu­
ments of certain markets make this necessary ;                     lation ; whereas it is not necessary to fix a refund for
                                                                   sunflower seed ;
Whereas Article 4 of Regulation (EEC) No 651 /71
provides for the publication of the amount of the final           Whereas Article 13 of Regulation (EEC) No 2041 /75
refund obtained from the conversion into each of the               makes provision for the period of validity of certificates
national currencies of the amount of the refund in ecus            fixing refunds in advance to be reduced if the market
plus or minus the differential amount ; whereas Article 1          situation warrants ; whereas in the interests of sound
of Commission Regulation (EEC) No 1813/84 (2), as last             market management a reduction should be made ;
amended by Regulation (EEC) No 431 /89 (3), defined the
elements which determine the differential amounts ;                Whereas the measures provided for in this Regulation are
whereas these elements are equal to the incidence on the           in accordance with the opinion of the Management
target price reduced by 7,5 % or the refund of the coeffi­         Committee for Oils and Fats,
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
     given moment of 2,25 %, the difference between :                                         Article 1
     — the conversion rate used under the common agri­
         cultural policy, and
                                                                   1.    In the case of colza and rape seed, the amounts of
     — the conversion rate resulting from the central rate ;       the refund referred to in Article 4 (1 ) of Regulation (EEC)
                                                                   No 651 /71 shall be as set out in the Annex hereto.
 (b) for the other Member States, the difference between :
                                                                   2.    There shall be no refund on sunflower seed.
     — the relationship between the conversion rate used
         under the common agricultural policy for the              3.    Certificates fixing the export refund in advance shall
         currency of the Member State concerned and the            be valid from their date of issue until the end of the fol­
         central rate of each of the currencies of the
                                                                   lowing month.
         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           4.    However, the amount of the refund in the case of
         the currencies of the Member States referred to in        advance fixing for the 1989/90 marketing year for colza
         (a), as recorded over a period to be determined ;         and rape seed will be confirmed or replaced as from 1
                                                                   June 1989 to take into account the application of the
 Whereas pursuant to Article 2 (2) of Regulation (EEC) No          system of maximum guaranteed quantities.
 1569/72 forward differential amounts are to be deter­
                                                                                              Article 2
(>) OJ No L 113, 28 . 4. 1984, p. 8 .
(2) OJ No L 170, 29. 6. 1984, p. 41 .
O OJ No L 50, 22. 2. 1989, p. 7.                                   This Regulation shall enter into force on 1 June 1989.
 ---pagebreak---  1 . 6. 89                                   Official Journal of the European Communities                                      No L 148/31
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 31 May 1989.
                                                                                        For the Commission
                                                                                          Ray MAC SHARRY
                                                                                   Member of the Commission
                                                                   ANNEX
                    to the Commission Regulation of 31 May 1989 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                                            15,780           14,144          —               —             —                 —
    — Portugal                                         19,940           17,714          —               —    '        —                 —
     — other Member States                             16,500           14,274          —               —             —                 —
2. Final refunds :                               \                              l
     Seeds harvested and exported from :                                        \                              \               l
     — Federal Republic of Germany (DM)                39,44            34,25           —               —             —   •             —
     — Netherlands (Fl)                                43,90            37,90           —               —             —                 —
     — BLEU (Bfrs/Lfrs)                               796,73          689,25            —               —             —
                                                                                                                                     '  —
     — France (FF)                                    118,67          105,68            —   -           —
                                                                                                                      —;                —
     — Denmark (Dkr)                                  143,75          127,47            —               —             —                 —
     — Ireland (£Irl)                                  13,195           11,762          —               —             —                 —
     — United Kingdom (£)                                9,798           9,217          —               —             —                 —
     —  Italy (Lit)                                25 583         23 344                —               —             —                 —
     —  Greece (Dr)                                 1 555,07        1 997,86            —               —             —                 —
     —  Spain (Pta)                                 2 654,47        2 409,36            —               —             —    -            —
     —  Portugal (Esc)                              3 653,26        3 401,12            —               —                               —
0 Subject, in the case of advance fixing for the 1989/90 marketing year to the application of the system maximum guaranteed quantities.