CELEX: 31989R2343
Language: en
Date: 1989-08-01 00:00:00
Title: Commission Regulation (EEC) No 2343/89 of 31 July 1989 fixing the export refunds on oil seeds

No L 222/28                             Official Journal of the European Communities                                  1 . 8 . 89
                                    COMMISSION REGULATION (EEC) No 2343/89
                                                        of 31 July 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
                                                                   prices on the world market where the former are higher
Having regard to the Act of Accession of Spain and                than the latter ; whereas Article 21 of Regulation No
Portugal,                                                          136/66/EEC provides that, at present, Article 28 of that
                                                                  Regulation applies only to colza, rape and sunflower
                                                                  seeds ;
Having regard to Regulation No 136/66/EEC of the
Council of 22 September 1966 on the establishment of a
common organization of the market in oils and fats ('), as
last amended by Regulation (EEC) No 1225/89 (2),
                                                                  Whereas the refund for colza and rape seeds produced in
                                                                  Spain or Portugal is adjusted in accordance with Council
Having regard to Regulation No 142/67/EEC of the                   Regulation (EEC) No 478/86 (12);
Council of 21 June 1967 on export refunds on colza, rape
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
2284/89 (*),                                                       recorded on the various markets of importing third coun­
                                                                   tries and costs incurred in placing the goods on the world
Having regard to Regulation (EEC) No 1569/72 of the
                                                                   market ; whereas, when the amount of the refund is being
                                                                   fixed, account must also be taken of the level of market
Council of 20 July 1972 laying down special measures for           prices within the Community for the oil seeds referred to
colza, rape and sunflower seed (*), as last amended by             in Article 21 of Regulation No 136/66/EEC and the
Regulation (EEC) No 2216/88 (J), and in particular Article         future trend of these prices ; whereas, furthermore,
2 (3) thereof,                                                     account should be taken of the economic aspect of the
                                                                   proposed exports and the situation in the Community
Having regard to Regulation (EEC) No 2041 /75 of the               regarding the supply of and demand for these seeds ;
Commission of 25 July 1975 on special detailed rules for
the application of the system of import and export
licences and advance fixing certificates for oils and fats (8),
as last amended by Regulation (EEC) No 2662/87 (®), and            Whereas the abatement of the refund which arises, where
in particular Article 13 thereof,                                  appropriate, from the system of maximum guaranteed
                                                                   quantities for the 1989/90 year, has not, to date, been
Having regard to the opinion of the Monetary Committee,            fixed ; whereas the amount of the refund for the 1989/90
                                                                   year has been provisionally calculated on the basis of an
                                                                   abatement of ECU 3,44 per 100 kilograms for colza and
Whereas, the target price and the monthly increases in             rape seed ;
the target price for colza, rape and sunflower seed for the
1989/90 marketing year were fixed by Regulations (EEC)
NO 1228/89 (10) and (EEC) No 1229/89 (»);
                                                                   Whereas Article 1 of Regulation (EEC) No 651 /71 of the
(') OJ  No 172, 30. 9: 1966, p.  3025/66.                          Commission of 29 March 1971 on certain detailed rules
0   OJ  No L 128, 11 . 5. 1989, p. 15.                             for the application of export refunds on oil seeds (13), as
0   OJ  No 125, 26. 6. 1967, p.  2461 /67.
(4) OJ  No L 164, 24. 6. 1985,  p. 11 .                            last amended by Regulation (EEC) No 1815/84 (14),
0   OJ  No L 218, 28. 7. 1989,  p. 17.                             provides that the amount of the refund must be calculated
(«) OJ No L 167, 25. 7. 1972, p. 9.                                on the basis of the weight of exported seeds ; whereas this
O OJ No L 197, 26. 7. 1988, p. 10.
(•) OJ No L 213, 11 . 8 . 1975, p. 1 .
0 OJ No L 252, 3. 9. 1987, p. 6.                                   (1J) OJ No L 53, 1 . 3. 1986, p. 55.
(,0) OJ No L 128, 11 . 5. 1989, p. 20.                             (>3) OJ No L 75, 30. 3. 1971 , p. 16.
(") OJ No L 128, 11 . 5. 1989, p. 22.                               14 OJ No L 170, 29. 6. 1984, p. 46.
 ---pagebreak--- 1 . 8 . 89                               Official Journal of the European Communities                            No L 222/29
weight must be adjusted to take account of any diffe­              Whereas pursuant to Article 2 (2) of Regulation (EEC) No
rences between the percentages of moisture and impur­              1569/72 forward differential amounts are to be deter­
ities found to exist and those used to define the standard         mined where the forward exchange rate for one or more
quality for which the target price is fixed ; whereas, when        currencies differs from the spot rate by at least a given
this adjustment is being made, the weight of the exported          percentage ; whereas this percentage has been fixed at 0,5
seeds must be increased by the amount of the difference            by Regulation (EEC) No 1813/84 ;
between the actual moisture and impurities content and
that used to define the standard quality if the former is          Whereas Regulation (EEC) No 1813/84 specifies the spot
lower than the latter ; whereas, if the opposite applies, the      and forward exchange rates and the period to be used for
weight of the exported seeds must be reduced by the                calculating the differential amounts ; whereas in cases
same amount :
                                                                   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 the standard quality referred to above was                 be, must be used ;
defined in Article 2 of Council Regulation (EEC) No
1102/84 P);                                                        Whereas it follows from applying these provisions to the
                                                                   current situation of the oil seeds market and to the rates
                                                                   or prices of these products that, pursuant to Article 4 of
Whereas Article 2 of Regulation No 142/67yEEC provides             Regulation (EEC) No 651 /71 , the amount of the refund in
that the refund may be varied according to destination             ecus and the amount of the final refund in each of the
where the world market situation or the specific require­          national currencies must, in the case of colza and rape
ments of certain markets make this necessary ;                     seed, be fixed in accordance with the Annex to this Regu­
                                                                   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 these elements are equal to the incidence on the           Whereas the measures provided for in this Regulation are
target price reduced by 7,5 % or the refund of the coeffi­         in accordance with the opinion of the Management
                                                                   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
                                                                   4.    However, the amount of the refund for colza and
      — the spot market rate for the currency of the               rape seed will be confirmed or replaced as from 1 August
          Member State in question in relation to each of
          the currencies of the Member States referred to in        1989 to take into account the consequences of the appli­
                                                                   cation of the system of maximum guaranteed quantities.
          (a), as recorded over a period to be determined ;
                                                                                              Article 2
(') OJ No L 113, 28. 4. 1984, p. 8.
0 OJ No L 170, 29. 6. 1984, p. 41 .
(3) OJ No L 50, 22. 2. 1989, p. 7.                                 This Regulation shall enter into force on 1 August 1989.
 ---pagebreak---    No L 222/30                                  Official Journal of the European Communities                                        1 . 8 . 89
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States.
                       Done at Brussels, 31 July 1989.
                                                                                          For the Commission
                                                                                            Ray MAC SHARRY
                                                                                      Member of the Commission
                                                                       ANNEX
                       to the Commission Regulation of 31 July 1989 fixing the export refunds on oil seeds
                                                                                                                  (amounts per 100 kilograms)
I                                                       Current
                                                           80
                                                                       1st period
                                                                           9 (')
                                                                                      2nd period
                                                                                          10
                                                                                                     3rd period
                                                                                                         11
                                                                                                                4th period
                                                                                                                     12
                                                                                                                                5th period
                                                                                                                                     1
  1 . Gross refunds (ECU):                                                          I
      — Spain                                              18,000           18,000        —              —          —               —
      — Portugal                                           20,440           20,440        —              —          —               —
      — other Member States                                17,000 _         17,000        —              —          —               —
  2. Final refunds :                                                                               \
      Seeds harvested and exported from :           \               \               \              \                         L
      —   Federal Republic of Germany (DM)                 40,63           40,63          —              —          —               —
      —   Netherlands (Fl)                                 44,84           44,84          —              —           —              —
      —   BLEU (Bfrs/Lfrs)                                820,88          820,88          —              —           —              —
      —   France (FF)                                     127,08          127,08          —              —           —              —
      —   Denmark (Dkr)                                   151,81          151,81          —              —           —              —
      —   Ireland (£ Irl)                                  14,144           14,144        —              —                          —
      —   United Kingdom (£)                               10,663           1 0,663       —              —           _   .          —
      —   Italy (Lit)                                 28 318          28 318              —              —           —              —
      —   Greece (Dr)                                   2 521,92        2 491,43          —              —           —   -          —
      —   Spain (Pta)                                   2 920,45        2 920,45          —              —           —     ■        —
      —   Portugal (Esc)                                3 875,78        3 875,40          —              —           —            ' —
  (l) Subject to the consequences of the application of the system of maximum guaranteed quantities.