CELEX: 31977R1139
Language: en
Date: 1977-06-01 00:00:00
Title: Commission Regulation (EEC) No 1139/77 of 31 May 1977 fixing the export refund on oil seeds

No L 135/ 24                                  Official Journal of the European Communities                             1 . 6. 77
                                        COMMISSION REGULATION (EEC) No 1139/77
                                                              of 31 May 1977
                                                  fixing the export refund on oil seeds
THE COMMISSION OF THE EUROPEAN                                          Whereas Article 3 of Regulation No 142/67/EEC
COMMUNITIES,                                                            provides that when the refund is being calculated
                                                                        account must be taken of prices ruling on the various
                                                                        Community markets which are representative from
Having regard to the Treaty establishing the European                   the point of view of processing and exportation ; the
Economic Community,                                                     most favourable quotations recorded on the various
                                                                        markets of importing third countries and Greece, and
                                                                        costs incurred in placing the goods on the world
Having regard to Council Regulation No 136/66/ EEC                      market ; whereas, when the amount of the refund is
of 22 September 1966 on the establishment of a                          being fixed, account must also be taken of the level of
common organization of the market in oils and                           market prices within the Community for the oil seeds
fats ('), as last amended by Regulation (EEC) No                         referred to in Article 21 of Regulation No 136/
1707/73 (2),                                                            66/ EEC and the future trend of these prices ; whereas,
                                                                         furthermore, account should be taken of the economic
                                                                        aspect of the proposed exports and the situation in the
Having regard to Council Regulation No 162/66/ EEC                       Community regarding the supply of and demand for
of 27 October 1966 on trade in oils and fats between                     these seeds ;
the Community and Greece (3 ),
Having regard to Council Regulation No 142/67/ EEC                       Whereas Article 1 of Commission Regulation (EEC)
of 21 June 1967 on export refunds on colza, rape and                     No 651 / 71 of 29 March 1971 on certain detailed rules
sunflower seeds (4 ), as last amended by Regulation                      for the application of export refunds on oil seeds (6),
(EEC) No 2429/72 (5 ), and in particular the first                       provides that the amount of the refund must be calcu­
sentence of Article 2 (3) thereof,                                       lated on the basis of the weight of exported seeds ;
                                                                         whereas this weight must be adjusted to take account
                                                                         of any differences between the percentages of mois­
Having regard to the opinion of the Monetary                             ture and impurities found to exist and those used to
Committee ,                                                              define the standard quality for which the target price
                                                                         is fixed ; whereas, when this adjustment is being
                                                                         made, the weight of the exported seeds must be
Whereas Article 28 of Regulation No 136/66/ EEC                          increased by the amount of the difference between the
provides that a refund may be granted on exports to                      actual moisture and impurities content and that used
third    countries of oil         seeds harvested within        the      to define the standard quality if the former is lower
Community ; whereas the amount of this refund may                        than the latter ; whereas, if the opposite applies, the
not exceed the difference between prices within the                      weight of the exported seeds must be reduced by the
Community and prices on the world market where                           same amount ;
the former are higher than the latter ; whereas Article
21 of Regulation No 136/66/ EEC provides that, at
present, Article 28 of that Regulation applies only to
colza, rape and sunflower seeds ;                                        Whereas the standard quality referred to above is
                                                                         defined in Annex III to Council Regulation (EEC) No
                                                                         833/76 of 6 April 1976 fixing certain prices and other
Whereas Article 8 of Regulation No 162/66/ EEC                           amounts applicable in agriculture for the 1976/77
provides that Article 28 of Regulation No 136/                           marketing year ( 7) ;
66/ EEC and measures taken in application thereof
apply, subject to the provisions of the Agreement esta­
blishing an Association between the European                             Whereas Article 2 of Regulation No 142/67/ EEC
Economic Community and Greece, to trade between                          provides that the refund may be varied according to
the Community and Greece ;                                               destination where the world market situation or the
                                                                         specific requirements of certain markets make this
  ') OJ  No 172, 30 . 9 . 1966, p . 3025 / 66 .
 :)  O)  No L 1 7 5 , 29 . 6 . 197 ?, p . 5 .                            necessary ;
 5)  OI  No 197 , 29 . II ). 1 966 , p . 339 V66.
 -*) O|  No 125 , 26 . 6 . 1967 , p . 2461 / 67 .                        (<•) OJ No L 75, 30 . 3 . 1971 , p. 16.
 >)  OJ  No I. 264 , 23 . 1 1 . 1972 , p . I.                            ( 7) O) No L 100, 14. 4. 1976, p. 12.
 ---pagebreak--- 1 . 6. 77                            Official Journal of the European Communities                                    No L 135/25
Whereas, if the refund system is to operate normally,                  to this Regulation for those products for which the
refunds should be calculated on the following basis :                  marketing year has already begun ;
— in the case of currencies which are maintained in                    Whereas the measures provided for in this Regulation
     relation to each other, at any given moment,                      are in accordance with the opinion of the Manage­
     within a band of 2-25 % , a rate of exchange based                ment Committee for Oils and Fats,
     on their effective parity ;
— for other currencies an exchange rate based on the                   HAS ADOPTED THIS REGULATION :
     arithmetic mean of the spot market rates of each
     of these currencies recorded for a given period, in                                      Article 1
     relation to the Community currencies referred to
     in the previous subparagraph ;                                    The refunds on the products referred to in Article 21
                                                                       of Regulation No 136/66/EEC, exported to third coun­
Whereas it follows from applying these rules and                       tries and Greece, are hereby fixed as shown in the
criteria to the present situation on the market in oil                 Annex to this Regulation .
seeds, and in particular to quotations or prices for
these products within the Community and on the                                                Article 2
markets of third countries and Greece, that the refund
should be fixed at the amounts shown in the Annex                      This Regulation shall enter into force on 1 June 1977 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 31 May 1977.
                                                                                For the Commission
                                                                                 Finn GUNDELACH
                                                                                    Vice-President
                                                            ANNEX
                                    Refund applicable to oil seeds from 1 June 1977
                                                                                                         (IUI JIOO KFO
                    CCT
                   heading                              Description of goods                            Refund
                     No
               ex 12.01         Colza and rape seed, other than for sowing                                 0
               ex 12.01         Sunflower seed, other than for sowing