CELEX: 31991R1095
Language: en
Date: 1991-05-01 00:00:00
Title: Commission Regulation (EEC) No 1095/91 of 30 April 1991 fixing the export refunds on oil seeds

No L 110/ 18                               Official Journal of the European Communities                                 1 . 5. 91
                                         COMMISSION REGULATION (EEC) No 1095/91
                                                          of 30 April 1991
                                             fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          1990/91 marketing year were fixed by Regulations (EEC)
                                                                     No 1317/90 (10) and (EEC) No 1318/90 (");
Having regard to the Treaty establishing the European
Economic Community,
                                                                     Whereas the prices fixed by the Council are to be reduced
                                                                     in accordance with Article 2 of Commission Regulation
Having regard to the Act of Accession of Spain and                   (EEC) No 784/90 of 29 March 1990 fixing the reducing
Portugal,
                                                                     coefficient for agricultural prices in the 1990/91 marke­
                                                                     ting year as a result of the monetary realignment of 5
                                                                     January 1990 and amending the prices and amounts fixed
Having regard to Council Regulation No 136/66/EEC of                 in ecus for that • marketing year (12);
22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 3577/90 (2),                          Whereas Article 28 of Regulation No 136/66/EEC
                                                                     provides that a refund may be granted on exports to third
                                                                     countries of oil seeds harvested within the Community ;
Having regard to Council Regulation No 142/67/EEC of                 whereas the amount of this refund may not exceed the
21 June 1967 on export refunds on colza, rape and                    difference between prices within the Community and
sunflower seeds (3), as last amended by the Act of Acces­            prices on the world market where the former are higher
sion of Greece, and in particular the second sentence of             than the latter ; whereas Article 21 of Regulation No
Article 2 (3) thereof,                                               136/66/EEC provides that, at present, Article 28 of that
                                                                     Regulation applies only to colza, rape and sunflower
                                                                     seeds :
Having regard to Council Regulation (EEC) No 1678 /85
of 11 June 1985 fixing the conversion rates to be applied
in agriculture (4), as last amended by Regulation (EEC) No           Whereas the refund for colza and rape seeds produced in
 1042/91 0,                                                          Spain or Portugal is adjusted in accordance with Council
                                                                     Regulation (EEC) No 478/86 (B) ;
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1 972 laying down special measures for colza,
rape and sunflower seed (6), as last amended by Regulation           Whereas Article 3 of Regulation No 142/67/EEC provides
(EEC) No 2206/90 Q, and in particular Article 2 (3)                  that when the refund is being calculated account must be
thereof,                                                             taken of prices ruling on the various Community markets
                                                                     which are representative from the point of view of proces­
                                                                     sing and exportation ; the most favourable quotations
Having regard to Commission Regulation (EEC) No                      recorded on the various markets of importing third coun­
2041 /75 of 25 July 1975 on special detailed rules for the           tries and costs incurred in placing the goods on the world
application of the system of import and export licences              market ; whereas, when the amount of the refund is being
and advance fixing certificates for oils and fats (8), as last       fixed, account must also be taken of the level of market
amended by Regulation (EEC) No 557/91 (9), and in parti­             prices within the Community for the oil seeds referred to
cular Article 13 thereof,                                            in Article 21 of Regulation No 136/66/EEC and the
                                                                     future trend of these prices ; whereas, furthermore,
                                                                     account should be taken of the economic aspect of the
Having regard to the opinion of the Monetary Committee,              proposed exports and the situation in the Community
                                                                     regarding the supply of and demand for these seeds ;
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 subsidy for colza and tape
                                                                     seed wich arises from the system of maximum guaranteed
(>) OJ No  172, 30 . 9 . 1966, p. 3025/66.                           quantities for the 1990/91 marketing year has been fixed
0   OJ No  L 353, 17.    12. 1990, p. 23.                            by Commission Regulation (EEC) No 2509/90 (14) ;
(3) OJ No  125, 26. 6 .  1967, p. 2461 /67.
0   OJ No  L 164, 24.    6. 1985, p. 11 .
0   OJ No  L 106, 26.    4. 1991 , p. 34.                            (I0) OJ No  L 132, 23 . 5. 1990, p. 9.
(6) OJ No  L 167, 25.    7. 1972, p. 9.                              (")  OJ No  L 132, 23. 5. 1990, p. 11 .
0   OJ No  L 201 , 31 .  7. 1990, p. 11 .                            (12) OJ No  L 83, 30. 3 . 1990, p. 102.
(8) OJ No  L 213, 11 .   8 . 1975, p. 1 .                            (")  OJ No  L 53, 1 . 3. 1986, p. 55.
0   OJ No  L 62, 8. 3 .   1991 , p. 23 .                             M OJ No L 237, 1 . 9. 1990, p. 7.
 ---pagebreak--- 1 . 5. 91                                  Official Journal of the European Communities                              No L 110/ 19
Whereas Article 1 of Commission Regulation (EEC) No                          Communities during a period to be determined,
651 /71 of 29 March 1971 on certain detailed rules for the                   multiplied by the factor referred to in the second
application of export refunds on oil seeds ('), as last                      indent of (a).
amended by Regulation (EEC) No 1815/84 (2), provides
that the amount of the refund must be calculated on the
                                                                     Whereas pursuant to Article 2 (2) of Regulation (EEC) No
basis of the weight of exported seeds ; whereas this weight          1569/72 forward differential amounts are to be deter­
must be adjusted to take account of any differences                  mined where the forward exchange rate for one or more
between the percentages of moisture and impurities found             currencies differs from the spot rate by at least a given
to exist and those used to define the standard quality for           percentage ; whereas this percentage has been fixed at 0,5
which the target price is fixed ; whereas, when this adjust­         by Regulation (EEC) No 1813/84 ;
ment is being made, the weight of the exported seeds
must be increased by the amount of the difference
between the actual moisture and impurities content and               Whereas Regulation (EEC) No 1813/84 specifies the spot
that used to define the standard quality if the former is            and forward exchange rates and the period to be used for
lower than the latter ; whereas, if the opposite applies, the        calculating the differential amounts ; whereas in cases
weight of the exported seeds must be reduced by the                  where, for one or more months, quotations of forward
same amount ;
                                                                     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
 1 1 02/84 0 ;                                                       Whereas it follows from applying these provisions to the
                                                                     current situation of the oil seeds market and to the rates
Whereas Article 2 of Regulation No 142/67/EEC provides               or prices of these products that, pursuant to Article 4 of
that the refund may be varied according to destination               Regulation (EEC) No 651 /71 , the amount of the refund in
where the world market situation or the specific require­            ecus and the amount of the final refund in each of the
ments of certain markets make this necessary ;                       national currencies must, in the case of colza and rape
                                                                     seed, be fixed in accordance with the Annex to this Regu­
Whereas Article 4 of Regulation (EEC) No 651 /71                     lation ; whereas it is not necessary to fix a refund for
provides for the publication of the amount of the final              sunflower seed ;
refund obtained from the conversion into each of the
national currencies of the amount of the refund in ecus
                                                                     Whereas Article 13 of Regulation (EEC) No 2041 /75
plus or minus the differential amount ; whereas Article 1            makes provision for the period of validity of certificates
of Commission Regulation (EEC) No 1813/84 (4), as last               fixing refunds in advance to be reduced if the market
amended by Regulation (EEC) No 1539/90 (*), defined the              situation warrants ; whereas in the interests of sound
elements which determine the differential amounts ;
                                                                     market management a reduction should be made ;
whereas these elements are equal to the incidence on the
target price reduced by 7,5 % or the refund of the coeffi­
cient derived from the percentage referred to in Article 2           Whereas the measures provided for in this Regulation are
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according             in accordance with the opinion of the Management
to these provisions, this percentage represents :                    Committee for Oils and Fats,
(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 :
                                                                     HAS ADOPTED THIS REGULATION :
      — the conversion rate used under the common agri­
          cultural policy, and
      — the conversion rate resulting from the central rate                                     Article 1
          of the correcting factor referred to in Article 6 (1 )
          of Regulation (EEC) No 1677/85 (16) as last
          amended by Regulation (EEC) No 2205/90 (17).
                                                                      1 . In the case of colza and rape seed, the amounts of
(b) In the case of Member States other than those referred           the refund referred to in Article 4 ( 1 ) of Regulation (EEC)
      to in (a), the difference between :                            No 651 /71 shall be as set out in the Annex hereto .
      — the agricultural conversion rate, and
                                                                     2.    There shall be no refund on sunflower seed.
      — the average rate of the ecu as published in the C
          Series of the Official Journal of the European
                                                                     3.    Certificates fixing the export refund in advance shall
                                                                     be valid from their date of issue until the end of the fol­
(')  OJ  No  L  75, 30. 3 . 1971 , p. 16.                            lowing month.
(2)  OJ  No  L  170, 29. 6. 1984, p. 46.
(3)  OJ  No  L  113, 28 . 4. 1984, p. 8 .
0    OJ  No  L  170, 29. 6. 1984, p. 41 .                                                       Article 2
0    OJ  No  L  145, 8 . 6. 1990, p. 20 .
(6)  OJ  No  L  164, 24. 6. 1985, p. 6 .
O    OJ  No  L  201 , 31 . 7. 1990, p. 9 .                           This Regulation shall enter into force on 1 May 1991 .
 ---pagebreak--- No L 110/20                             Official Journal of the European Communities                                   1 . 5. 91
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 30 April 1991 .
                                                                               For the Commission
                                                                                Ray MAC SHARRY
                                                                           Member of the Commission
                                                             ANNEX
                   to the Commission Regulation of 30 April 1991 fixing the export refunds on oil
                                                                seeds
                                                                                                     (amounts per 100 kilograms)
                                                Current      1st period    2nd period   3rd period 4th period      5th period
                                                   5              6            7            8           9              10
1 . Gross refunds (ECU):                                                 I            I
    — Spain                                         0,000          0,000
    — Portugal                                    21,970         21,970        —            —          —               —
    — other Member States                         15,000         15,000
2. Final refunds :                                        \              \            \
    Seeds harvested and exported from :    II\                           \            \
    — Federal Republic of Germany (DM)            35,31          35,31         —            —
    — Netherlands (Fl)                            39,79          39,79                                 —               —
    — BLEU (Bfrs/Lfrs)                           728,34         728,34
    — France (FF)                                118,43         118,43
    —  Denmark (Dkr)                             134,70         134,70         —            —          —               —
    —  Ireland (£ Irl)                            13,182         13,182
    —  United Kingdom (£)                         11,349         11,349
    —  Italy (Lit)                            26 422        26 422
    —  Greece (Dr)                             2 698,84      2 681,19
    —  Spain (Pta)                               115,38         115,38        —             —          —               —
    —  Portugal (Esc)                          4 689,46      4 689,46