CELEX: 31987R1204
Language: en
Date: 1987-05-01 00:00:00
Title: Commission Regulation (EEC) No 1204/87 of 30 April 1987 fixing the export refunds on oil seeds

1 . 5. 87                                  Official Journal of the European Communities                           No L 115/ 19
                                       COMMISSION REGULATION (EEC) No 1204/87
                                                           of 30 April 1987
                                              fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           than the latter ; whereas Article 21 of Regulation No
                                                                      136/66/EEC provides that, at present, Article 28 of that
Having regard to the Treaty establishing the European                 Regulation applies only to colza, rape and sunflower
                                                                      seeds :
Economic Community,
Having regard to the Act of Accession of Spain and
Portugal,                                                             Whereas the refund for colza and rape seeds produced in
                                                                      Spain or Portugal is adjusted in accordance with Council
                                                                      Regulation (EEC) No 478/86 (u) ;
Having regard to Council Regulation No 136/66/ EEC 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 1454/86 (2),
                                                                      Whereas Article 3 of Regulation No 14.2/67/EEC provides
                                                                      that when the refund is being calculated account must be
Having regard to Council Regulation No 142/67/EEC of                  taken of prices ruling on the various Community markets
21 June 1967 on export refunds on colza, rape and                     which are representative from the point of view of proces­
sunflower seeds (3), as last amended by Regulation (EEC)              sing and exportation ; the most favourable quotations
No 2429/72 (4), and in particular the first sentence of               recorded on the various markets of importing third coun­
Article 2 (3) thereof,                                                tries and costs incurred in placing the goods on the world
                                                                      market ; whereas, when the amount of the refund is being
                                                                      fixed, account must also be taken of the level of market
Having regard to Council Regulation (EEC) No 1678 /85                 prices within the Community for the oil seeds referred to
of 11 June 1985 fixing the conversion rates to be applied             in Article 21 of Regulation No 136/66/EEC and the
in agriculture (i), as last amended by Regulation (EEC) No            future trend of these prices ; whereas, furthermore,
409/87 («),                                                           account should be taken of the economic aspect of the
                                                                      proposed exports and the situation in the Community
Having regard to Council Regulation (EEC) No 1569/72                  regarding the supply of and demand for these seeds ;
of 20 July 1972 laying down special measures for colza,
rape and sunflower seed Q, as last amended by Regulation
(EEC) No 1474/84 (8), and in particular Article 2 (3)
thereof,                                                              Whereas, in the absence of a target price for colza and
                                                                      rape for the 1987/88 marketing year, in cases of advance
                                                                      fixing for July, August, September and October 1987 of
Having regard to the opinion of the Monetary Committee,               the refund on these products it has been possible only to
                                                                      make a provisional calculation using the target price
                                                                      proposed by the Commission to the Council for the
Whereas the target price and the monthly increases in the
                                                                      1987/88 marketing year ; whereas therefore such refund
target price for colza, rape and sunflower seed for the               amounts must be applied only provisionally and
1986/87 marketing year were fixed by Council Regula­
                                                                      confirmed or altered when the target price for the
tions (EEC) No 1457/86 (9) and (EEQ No 1458/86 (10) ;
                                                                      1987/88 marketing year is known ;
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 ;               Whereas the estimated production of colza and rape seed
whereas the amount of this refund may not exceed the                  for the 1987/88 marketing year has not been fixed ;
difference between prices within the Community and                    whereas the amount to be deducted where appropriate,
prices on the world market where the former are higher                from the subsidy in compliance with the system of
                                                                      maximum guaranteed quantities referred to in Article 27a
(>)  OJ  No 172, 30. 9 . 1966, p. 3025/66.                            of Regulation No 136/66/EEC and its effect on the
(2)  OJ  No L 133, 21 .  5. 1986, p. 8 .                              amount of the refund could therefore not be determined ;
(3)  OJ  No 125, 26. 6.  1967, - p. 2461 /67.                         whereas the amounts of the refund should therefore only
(4)  OJ  No L 264, 23.   11 . 1972, p. 1 .                            be applied on a temporary basis and should be confirmed
Is) OJ No L 164, 24. 6. 1985, p. 11 .
(«)  OJ  No L 44, 13. 2. 1987, p. 1 .                                 or replaced once the effects of the system of maximum
0    OJ  No L 167, 25. 7. 1972, p. 9.                                 guaranteed quantities for rape seed are known ;
(8)  OJ  No L 143, 30 . 5. 1984, p. 4.
O    OJ  No L 133 , 21 . 5 . 1986, p . 12.
 n OJ No L 133 , 21 . 5 . 1986, p . 14.                               (") OJ No L 53 , 1 . 3 . 1986, p. 55.
 ---pagebreak--- No L 115/20                               Official Journal of the European Communities                                    1 . 5. 87
Whereas Article 1 of Commission Regulation (EEC) No                         currency of the Member State concerned and the
651 /71 of 29 March 1971 on certain detailed rules for the                  central rate of each of the currencies of the
application of export refunds on oil seeds (') as last                      Member States referred to in (a), and
amended by Regulation (EEC) No 1815/84 (2), provides
that the amount of the refund must be calculated on the                  — the spot market rate for the currency of the
basis of the weight of exported seeds ; whereas this weight                 Member State in question in relation to each of
                                                                            the currencies of the Member States referred to in
must be adjusted to take account of any differences
between the percentages of moisture and impurities found                    (a), as recorded over a period to be determined ;
to exist and those used to define the standard quality for
which the target price is fixed ; whereas, when this adjust­        Whereas, however, pursuant to Article 2a of Regulation
ment is being made, the weight of the exported seeds                (EEC) No 1569/72, the monetary disparity for the marke­
must be increased by the amount of the difference                   ting years 1984/85 to 1986/87 will be calculated by a
between the actual moisture and impurities content and              method which takes into account a coefficient applied to
that used to define the standard quality if the former is           the conversion rate resulting from the central rate ;
lower than the latter ; whereas, if the opposite applies, the       whereas Commission Regulation (EEC) No 91 /87 (^- fixed
weight of the exported seeds must be reduced by the                 the coefficient ;
same amount ;
                                                                    Whereas pursuant to Article 2 (2) of Regulation (EEC) No
                                                                    1569/72 forward differential amounts are to be deter­
Whereas the standard quality referred to above was                  mined where the forward exchange rate for one or more
defined in Article 2 of Council Regulation (EEC) No                 currencies differs from the spot rate by at least a given
1102/84 (14) ;                                                      percentage ; whereas this percentage has been fixed at 0,5
                                                                    by Regulation (EEC) No 1813/84 ;
Whereas Article 2 of Regulation No 142/67/EEC provides
that the refund may be varied according to destination              Whereas Regulation (EEC) No 1813/84 specifies the spot
where the world market situation or the specific require­           and forward exchange rates and the period to be used for
ments of certain markets make this necessary ;                      calculating the differential amounts ; whereas in cases
                                                                    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 Article 4 of Regulation (EEC) No 651 /71                    be, must be used ;
provides for the publication of the amount of the final
refund obtained from the conversion into each of the
national currencies of the amount of the refund in ECU              Whereas it follows from applying these provisions to the
plus or minus the differential amount ; whereas Article 1           current situation of the oil-seeds market and to the rates
of Commission Regulation (EEC) No 1813/84 (4), as last              or prices of these products that, pursuant to Article 4 of
amended by Regulation (EEC) No 3891 /86 (*), defined the            Regulation (EEC) No 651 /71 , the amount of the refund in
elements which determine the differential amounts ;                 ECU and the amount of the final refund in each of the
whereas these elements are equal to the incidence on the            national currencies must, in the case of colza and rape
target price or the refund of the coefficient derived from          seed, be fixed in accordance with the Annex to this Regu­
the percentage referred to in Article 2 (1 ) of Regulation          lation ; whereas it is not necessary to fix a refund for
(EEC) No 1569/72 ; whereas, according to these provi­               sunflower seed ;
sions, this percentage represents :
                                                                    Whereas the measures provided for in this Regulation are
(a) for those Member States whose currencies are main­              in accordance with the opinion of the Management
    tained as between themselves within a spread at any             Committee for Oils and Fats,
    given moment of 2,25 % , the difference between :
    — the conversion rate used under the common agri­
        cultural policy, and
                                                                    HAS ADOPTED THIS REGULATION :
    — the conversion rate resulting from the central rate,
(b) for the other Member States, the difference between :                                      Article 1
    — the relationship between the conversion rate used
        under the common agricultural policy for the
                                                                     1 . In the case of colza and rape seed, the amounts of
(') OJ  No  L  75, 30. 3 . 1971 , p. 16.                             the refund referred to in Article 4 (1 ) of Regulation (EEC)
(2) OJ  No  L  170, 29 . 6. 1984, p. 46.                             No 651 /71 shall be as set out in the Annex hereto .
(3) OJ  No  L  113, 28 . 4. 1984, p. 8 .
O   OJ  No  L  170, 29 . 6. 1984, p. 41 .
O   OJ  No  L  361 , 20. 12. 1986, p. 27.                            («) OJ No L 13, 15. 1 . 1987, p. 13.
 ---pagebreak---      1 . 5. 87                                   Official Journal of the European Communities                                          No L 115/21
     2. In cases of advance fixing of the refund on colza and                       priate, of the effects of the application of the system of
     rape seed for July, August, September and October 1987                         maximum guaranteed quantities for colza and rape seed.
     the amount will however be confirmed or altered with
     effect from 1 May 1987 on the basis of the target price                        4.    There shall be no refund on sunflower seed .
     and connected measures set for these products for the
     1987/88 marketing year for colza and rape seed.
     3. In cases of advance fixing of the refund on colza and                                                  Article 2
     rape seed- for July, August, September and October 1987,
     the amount shall however be confirmed or altered with
     effect from 1 May 1987 to take account, where appro­                           This Regulation shall enter into force on 1 May 1987.
                         This Regulation shall be binding in its entirety and directly applicable in all Member
                         States.
                         Done at Brussels, 30 April 1987.
                                                                                              For the Commission
                                                                                               Frans ANDRIESSEN
                                                                                                   Vice-President
                                                                          ANNEX
                           to the Commission Regulation of 30 April 1987 fixing the export refunds on colza
                                                                      and rape seed
                                                                                                                               (amounts per 100 kilograms)
                                                       Current
                                                       month
                                                                       2nd month         3rd month (')   4th month (')    5th month (')     6th month (')
1 . Gross refunds (ECU) :
    — Spain                                              28,980             28,980            24,502          24,502            24,502            24,502
    — Portugal                                            34,500            34,500            29,282          29,282            29,282            29,282
    — other Member States                                34,500             34,500            29,282          29,282            29,282            29,282
2. Final refunds :
    Seeds harvested and exported from :
    —    Federal Republic of Germany (DM)                 83,37*            83,37             70,93           71,03             71,03             71,34
    —    Netherlands (Fl)                                 93,93             93,93             79,91           80,02             80,02             80,33
    —    BLEU (Bfrs/Lfrs)                             1 609,76          1 609,76           1 365,19        1 364,56         1 364,56           1 359,86
    —    France (FF)                                    234,27             234,27            196,97          196,51            196,51            197,19
    —    Denmark (Dkr)                                  289,91            289,91             245,35          245,35           245,35             243,60
    —    Ireland (£ Irl)                                  25,685            25,6# 5           21,600          21,439            21,439            21,346
    —    United Kingdom (£)                               19,084            19,084            15,812          15,812            15,812             15,690
    —    Italy (Lit)                                 51 392            51 390             43 230          43 361           43 361            43 117
    —    Greece (Dr)                                  3 181,46          3 157,86           2521,11         2 506,86         2 506,86           2 441,37
    —    Spain (Pta)                                  3 947,68          3 947,68           3 267,96        3 264,71         3 264,71           3 204,12
    —    Portugal (Esc)                               4 803,03          4 797,77           3 971,27        3 960,42         3 960,42           3 883,77
(') Subject to the amount to be deducted in accordance with the system of guaranteed maximum quantities and the Council Decision regarding prices and related
    measures for the 1987/ 88 marketing year.