CELEX: 31978R0189
Language: en
Date: 1978-02-01 00:00:00
Title: Commission Regulation (EEC) No 189/78 of 31 January 1978 fixing the export refund on oil seeds

No L 27/22                                Official Journal of the European Communities                               1 . 2. 78
                                       COMMISSION REGULATION (EEC) No 189/78
                                                          of 31 January 1978
                                                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 19 66 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/
 2560/77 (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
                                                                      same amount :
 Community and prices on the world market where
 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 was
                                                                      defined in Article 2 of Council Regulation (EEC) No
                                                                       1069/77 of 17 May 1977 fixing the target prices and
Whereas Article 8 of Regulation No 162/66/ EEC                        basic intervention prices for oil seeds for the 1977/78
 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.
(2) OJ    No L 303 , 28 . 11 . 1977, p . 1 .                          necessary ;
(') OJ    No 197, 29 . 10 . 1966 , p . 3393 /66 .
 4  OJ    No 125, 26 . 6. 1967, p . 2461 / 67 .                       (<■) OJ No L 75, 30 . 3 . 1971 , p . 16 .
(5) OJ    No L 264, 23 . 11 . 1972, p. 1 .                            ( 7) OJ No L 129, 25 . 5 . 1977, p. 5 .
 ---pagebreak--- 1 . 2. 78                           Official Journal of the European Communities                                     No L 27/23
Whereas, if the refund system is to operate normally,               Whereas the measures provided for in this Regulation
refunds should be calculated on the following basis :               are in accordance with the opinion of the Manage­
— in the case of currencies which are maintained in                 ment Committee for Oils and Fats,
     relation to each other at any given moment within
     a band of 2-25 % , a rate of exchange based on
     their effective parity ;                                        HAS ADOPTED THIS REGULATION :
— for other currencies, an exchange rate based on the
     arithmetic mean of the spot market rates of each
                                                                                           Article 1
     of these currencies recorded for a given period in
     relation to the Community currencies referred to
     in the previous subparagraph ;                                 The refund 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, is 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
markets of third countries and Greece, that the refund                                     Article 2
should be fixed at the amounts shown in the Annex
to this Regulation for those products for which the                 This Regulation shall enter into force on 1 February
marketing year has already begun ;                                   1978 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 31 January 1978 .
                                                                             For the Commission
                                                                              Finn GUNDELACH
                                                                                 Vice-President
                                                          ANNEX
                              Export refund applicable to oil seeds from 1 February 1978
                                                                                                     (u. aJ] 00 k »)
                    CCT
                   heading                                Description                                Refund
                     No
               ex 12.01        Colza and rape seed, other than for sowing                            900
               ex 12.01        Sunflower seed, other than for sowing