CELEX: 31984R3701
Language: en
Date: 1984-12-29
Title: Commission Regulation (EEC) No 3701/84 of 28 December 1984 fixing the export refunds on oil seeds

29 . 12. 84                          Official Journal of the European Communities                           No L 341 /37
                                  COMMISSION REGULATION (EEC) No 3701 /84
                                                     of 28 December 1984
                                            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
 sunflower seeds (3), as last amended by Regulation                Whereas Article 1 of Commission Regulation (EEC)
                                                                   No 651 /71 of 29 March 1971 on certain detailed rules
 (EEC) No 2429/72 (4), and in particular the first
 sentence of Article 2 (3) thereof,                                for the application of export refunds on oil seeds (9), as
                                                                   last amended by Regulation (EEC) No 1815/84 (10),
                                                                   provides that the amount of the refund must be calcu­
 Having regard to Council Regulation (EEC) No                      lated on the basis of the weight of exported seeds ;
 1223/83 of 20 May 1983 on the exchange rates to be
                                                                  whereas this weight must be adjusted to take account
 applied in agriculture Q, as last amended by Regula­              of any differences between the percentages of moisture
 tion (EEC) No 855/84 (6),                                         and impurities found to exist and those used to define
                                                                   the standard quality for which the target price is fixed ;
 Having regard to Council Regulation (EEC) No                     whereas, when this adjustment is being made, the
 1569/72 of 20 July 1972 laying down special measures             weight of the exported seeds must be increased by the
 for colza, rape and sunflower seed Q, as last amended            amount of the difference between the actual moisture
 by Regulation (EEC) No 1 474/84 (8), and in particular           and impurities content and that used to define the
 Article 2 (3) thereof,                                           standard quality if the former is lower than the latter ;
                                                                  whereas, if the opposite applies, the weight of the
 Having regard to the opinion of the Monetary                     exported seeds must be reduced by the same amount ;
 Committee,
 Whereas Article 28 of Regulation No 136/66/EEC                   Whereas the standard quality referred to above was
 provides that a refund may be granted on exports to              defined in Article 2 of Council Regulation (EEC) No
 third countries of oil seeds harvested within            the      1 102/84 (");
 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               Whereas Article 2 of Regulation No 142/67/EEC
 former are higher than the latter ; whereas Article 21           provides that the refund may be varied according to
                                                                  destination where the world market situation or the
 of Regulation No 136/66/EEC provides that, at
 present, Article 28 of that Regulation applies only to           specific requirements of certain markets make this
 colza, rape and sunflower seeds ;                                necessary ;
Whereas Article 3 of Regulation No 142/67/EEC                     Whereas Article 4 of Regulation (EEC) No 651 /71
 provides that when the refund is being calculated                provides for the publication of the amount of the final
 account must be taken of prices ruling on the various            refund obtained from the conversion into each of the
 Community markets which are representative from the              national currencies of the amount of the refund in
 point of view of processing and exportation ; the most           ECU plus or minus the differential amount ; whereas
                                                                  Article 1 of Regulation (EEC) No 1813/84 (l2) defined
(') OJ No 172, 30 . 9 . 1966, p. 3025/66.                         the    elements    which   determine    the   differential
(2) OJ No L 208, 3 . 8 . 1984, p. 1 .                             amounts ; whereas these elements are equal to the
(s) OJ NO        26. 6. 196 /, p. 2461 / 6 /.
(j OJ No L 264, 23. 11 . 1972, p. 1 .
Is) OJ No L 132, 21 . 5. 1983, p. 33.                             O OJ No L 75, 30. 3. 1971 , p. 16.
(«) OJ No L 90, 1 . 4. 1984, p. 1 .                               O OJ No L 170, 29. 6. 1984, p. 46.
I7) OJ No L 167, 25. 7. 1972, p. 9.                               (") OJ No L 113, 28. 4. 1984, p. 8 .
(8) OJ No L 143, 30 . 5 . 1984, p. 4.                             H OJ No L 170, 29. 6. 1984, p. 41 .
 ---pagebreak--- No L 341 /38                        Official Journal of the European Communities                            29. 12. 84
incidence on the target price or the refund of the coef­      Whereas where, for one or more months, forward
ficient derived from the percentage referred to in            exchange rates are not available, the rate adopted for
Article 2 (1 ) of Regulation (EEC) No 1569/72 ;               the previous month or the following month, as the
whereas, according to these provisions, this percentage       case may be, is to be used ;
represents :
                                                              Whereas, for the period 19 to 25 December 1984, for
(a) for those Member States whose currencies are              certain currencies :
    maintained as between themselves within a spread          — for the current month, the difference referred to in
    at any given moment of 2,25 % , the difference
    between :                                                     Article 2 (1 ) of Regulation (EEC) No 1569/72
                                                                  differs by more than one point from the percen­
    — the conversion rate used under the common                   tage adopted for the previous fixing,
        agricultural policy, and                              — for certain following months the difference
    — the conversion rate resulting from the central              referred to in Article 2 (2) of Regulation (EEC) No
        rate,                                                     1 569/72 exceeds 0,5 % ; whereas this difference in
                                                                  the case of certain forward differential amounts
(b) for Italy, the United Kingdom and Greece, the
    difference between :                                          differs by more than one point from the percen­
                                                                  tage adopted for the previous fixing ;
    — the relationship between the conversion rate
        used under the common agricultural policy for         Whereas it follows from applying these provisions to
                                                              the current situation of the oil-seeds market and to the
        the currency of the Member State concerned
        and the central rate of each of the currencies of     rates or prices of these products that, pursuant to
        the Member States referred to in (a), and             Article 4 of Regulation (EEC) No 651 /71 , the amount
                                                              of the refund in ECU and the amount of the final
    — the spot market rate for the currency of the            refund in each of the national currencies must, in the
        Member State in question in relation to each of       case of colza and rape seed, be fixed in accordance
        the currencies of the Member States referred to
                                                              with the Annex to this Regulation ; whereas it is not
        in (a), as recorded over a period to be deter­        necessary to fix a refund for sunflower seed ;
        mined ;
                                                              Whereas the measures provided for in this Regulation
Whereas, however, pursuant to Article 2a of Regula­           are in accordance with the opinion of the Management
tion (EEC) No 1 569/72, the monetary disparity for the        Committee for Oils and Fats,
marketing years 1984/85 to 1986/87 will be calculated
by a method which takes into account a coefficient
applied to the conversion rate resulting from the             HAS ADOPTED THIS REGULATION :
central rate ; whereas the said Article 2a fixed the coef­
ficient for the beginning of the 1984/85 marketing                                    Article 1
year ; whereas account should be taken thereof in
respect of colza and rape seed with effect from 1 July        In the case of colza and rape seed, the amounts of the
 1984, and in respect of sunflower seed with effect from      refund referred to in Article 4 (1 ) of Regulation (EEC)
 1 August 1984 ;                                              No 651 /71 shall be as set out in the Annex hereto.
Whereas pursuant to Article 2 (2) of Regulation (EEC)         No refund is fixed for sunflower seed.
No 1569/72 forward differential amounts are to be
determined where the forward exchange rate for one                                    Article 2
or more currencies differs from the spot rate by at least
a given percentage ; whereas this percentage has been         This Regulation shall enter into force on 1 January
fixed at 0,5 by Regulation (EEC) No 1813/84 ;                 1985.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 28 December 1984.
                                                                        For the Commission
                                                                           Poul DALSAGER
                                                                    Member of the Commission
 ---pagebreak--- 29 . 12. 84                              Official Journal of the European Communities                             No L 341 /39
                                                              ANNEX
                       to the Commission Regulation of 28 December 1984 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)                         11,500         12,020       12,540        13,060        13,060          13,060
2. Final refunds
    Seeds harvested and exported from :
    —  Federal Republic of Germany (DM)         30,03          31,27        32,55         34,03         34,03           34,77
    —  Netherlands (Fl)                         33,84          35,24        36,64         38,29         38,29           39,04
    —  BLEU (Bfrs/Lfrs)                        533,74         557,87       582,00        604,64       604,64           593,40
    —  France (FF)                              69,89          73,46        76,46         78,96         78,96           78,97
    —  Denmark (Dkr)                            96,77         101,15       105,52        109,90       109,90           109,10
    —  Ireland (£ Irl)                           8,626          9,016        9,400         9,721         9,721           9,215
    —  United Kingdom (£)                        6,317          6,638        6,960         7,282         7,282           7,282
    —  Italy (Lit)                          16 468        17 208        17 663      18 129        18 129            17 247
    —  Greece (Dr)                             863,85         910,93       958,00      1 005,08     1 005,08         1 005,08