CELEX: 31990R2235
Language: en
Date: 1990-08-01
Title: Commission Regulation (EEC) No 2235/90 of 31 July 1990 fixing the export refunds on oil seeds

1 . 8 . 90                                 Official Journal of the European Communities                            No L 203/ 15
                                      COMMISSION REGULATION (EEC) No 2235/90
                                                           of 31 July 1990
                                             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 (11) ;
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
                                                                      (EEC) No 784/90 of 29 March 1990 fixing the reducing
Having regard to the Act of Accession of Spain and                    coefficient for agricultural prices in the 1990/91 marke­
Portugal,                                                             ting year as a result of the monetary realignment of 5
                                                                      January 1990 and amending the prices and amounts fixed
                                                                      in ecus for that marketing year (I2) ;
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              Whereas Article 28 of Regulation No 136/66/EEC
amended by Regulation (EEC) No 2902/89 (2),                           provides that a refund may be granted on exports to third
                                                                      countries of oil seeds harvested within the Community ;
                                                                      whereas the amount of this refund may not exceed the
Having regard to Council Regulation No 142/67/EEC of                  difference between prices within the Community and
21 June 1967 on export refunds on colza, rape and                     prices on the world market where the former are higher
sunflower seeds (3), as last amended by the Act of Acces­
                                                                      than the latter ; whereas Article 21 of = Regulation No
sion of Greece, and in particular the first sentence of               136/66/EEC provides that, at present, Article 28 of that
Article 2 (3) thereof,
                                                                      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
2157/90 0,                                                            Spain or Portugal is adjusted in accordance with Council
                                                                      Regulation (EEC) No 478/86 (u) ;
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,               Whereas Article 3 of Regulation No 142/67/EEC provides
rape and sunflower seed (*), as last amended by Regulation            that when the refund is being calculated account must be
(EEC) No 2206/90 Q, and in particular Article 2 (3)                   taken of prices ruling on the various Community markets
thereof,                                                              which are representative from the point of view of proces­
                                                                      sing and exportation ; the most favourable quotations
                                                                      recorded on the various markets of importing third coun­
Having regard to Commission Regulation (EEC) No                       tries and costs incurred in placing the goods on the world
2041 /75 of 25 July 1975 on special detailed rules for the            market ; whereas, when the amount of the refund is being
application of the system of import and export licences               fixed, account must also be taken of the level of market
and advance fixing certificates for oils and fats (8), as last        prices within the Community for the oil seeds referred to
amended by Regulation (EEC) No 2662/87 (»), and in                    in Article 21 of Regulation No 136/66/EEC and the
particular Article 13 thereof,                                        future trend of these prices ; ' whereas, furthermore,
                                                                      account should be taken of the economic aspect of the
                                                                       proposed exports and the situation in the Community
Having regard to the opinion of the Monetary Committee,                regarding the supply of and demand for these seeds ;
Whereas, the target price and the monthly increases in                Whereas the abatement of the subsidy which arises, where
the target price for colza, rape and sunflower seed for the           appropriate, from the system of maximum guaranteed
                                                                       quantities for the 1990/91 year, has not yet been fixed ;
 (») OJ  No 172, 30. 9 .  1966, p. 3025/66.
                                                                      whereas the amount for the 1990/91 year has been calcu­
 (2) OJ  No L 280, 29.   9. 1989,  p. 2.                               lated provisionally on the basis of the abatement for the
 O   OJ  No 125, 26. 6.   1967, p. 2461 /67.                           1989/90 marketing year ;
 O   OJ  No L 164, 24.   6. 1985,  p. 11 .
 O   OJ  No L 197, 27.   7. 1990,  p. 12.
 («) OJ  No L 167, 25.   7. 1972,  p. 9 .                              H    OJ No L  132, 23. 5. 1990, p. 9.
 0   OJ  No L 201 , 31 . 7. 1990,  p. 11 .                             (")  OJ No L  132, 23. 5. 1990, p. 11 .
(8)  OJ  No L 213, 11 .  8 . 1975, p. 1 .                              H    OJ No L  83, 30. 3 . 1990, p. 102.
 M OJ No L 252, 3. 9. 1987, p. 6.                                      Q 3) OJ No L  53, 1 . 3. 1986, p. 55.
 ---pagebreak--- No L 203/ 16                               Official Journal of the European Communities                                   1 . 8 . 90
Whereas Article 1 of Commission Regulation (EEC) No                  (b) for the other Member States, the difference between :
651 /71 of 29 March 1971 on certain detailed rules for the
application of export refunds on oil ^eeds ('), as last
amended by Regulation (EEC) No 1815/84 (2), provides                      — the relationship between the conversion rate used
that the amount of the refund must be calculated on the                       under the common agricultural policy for the
basis of the weight of exported seeds ; whereas this weight                   currency of the Member State concerned and the
must be adjusted to take account of any differences                           central rate of each of the currencies of the
between the percentages of moisture and impurities found                      Member States referred to in (a), and
to exist and those used to define the standard quality for
which the target price is fixed ; whereas, when this adjust­              — the spot market rate for the currency of the
ment is being made, the weight of the exported seeds                          Member State in question in relation to each of
must be increased by the amount of the difference                             the currencies of the Member States referred to in
between the actual moisture and impurities content and                        (a), as recorded over a period to be determined ;
that used to define the standard quality if the former is
lower than the latter ; whereas, if the opposite applies, the
weight of the exported seeds must be reduced by the
same amount ;                                                        Whereas pursuant to Article 2 (2) of Regulation (EEC) No
                                                                      1569/72 forward differential amounts are to be deter­
                                                                     mined where the forward exchange rate for one or more
                                                                     currencies differs from the spot rate by at least a given
                                                                     percentage ; whereas this percentage has been fixed at 0,5
Whereas the standard quality referred to above was                   by Regulation (EEC) No 1813/84 ;
defined in Article 2 of Council Regulation (EEC) No
1 1 02/84 (3) ;
                                                                     Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                     and forward exchange rates ahd the period to be used for
Whereas Article 2 of Regulation No 142/67/EEC provides               calculating the differential amounts ; whereas in cases
that the refund may be varied according to destination               where, for one or more months, quotations of forward
where the world market situation or the specific require­            exchange rates are not available, the rates adopted for the
ments of certain markets make this necessary ;                       previous months or the following months, as the case may
                                                                     be, must be used ;
Whereas Article 4 of Regulation (EEC) No 651 /71                     Whereas it follows from applying these provisions to the
provides for the publication of the amount of the final              current situation of the oil seeds market and to the rates
refund obtained from the conversion into each of the
national currencies of the amount of the refund in ecus
                                                                      or prices of these products that, pursuant to Article 4 of
                                                                      Regulation (EEC) No 651 /71 , the amount of the refund in
plus or minus the differential amount ; whereas Article 1             ecus and the amount of the final refund in each of the
of Commission Regulation (EEC) No 1813/84 (4), as last                national currencies must, in the case of colza and rape
amended by Regulation (EEC) No 1 539/90 (*), defined the              seed, be fixed in accordance with the Annex to this Regu­
elements which determine the differential amounts ;
                                                                      lation ; whereas it is not necessary to fix a refund for
whereas these elements are equal to the incidence on the              sunflower seed :
target price reduced by 7,5 % or the refund of the coeffi­
cient derived from the percentage referred to in Article 2
( 1 ) of Regulation (EEC) No 1 569/72 ; whereas, according
to these provisions, this percentage represents :                    Whereas, in view of the present circumstences in the
                                                                      German Democratic Republic and their effects on the
                                                                      market situation, no refund should be fixed for products
(a) for those Member States whose currencies are main­                to be exported to that destination ;
      tained as between themselves within a spread at any
      given moment of 2,25 % , the difference between :
                                                                      Whereas Article 13 of Regulation (EEC) No 2041 /75
      — the conversion rate used under the common agri­               makes provision for the period of validity of certificates
          cultural policy, and                                        fixing refunds in advance to be reduced if the market
                                                                      situation warrants ; whereas in the interests of sound
      — the conversion rate resulting from the central rate ;         market management a reduction should be made ;
(>)   OJ  No  L 75, 30. 3 . 1971 , p. 16.
(2)   OJ  No  L 170, 29 . 6. 1984, p. 46.                             Whereas the measures provided for in this Regulation are
(3)   OJ  No  L 113, 28 . 4. 1984, p. 8 .
(4)   OJ  No  L 170, 29 . 6. 1984, p. 41 .                            in accordance with the opinion of the Management
n OJ No L 145, 8 . 6 . 1990, p. 20 .                                  Committee for Oils and Fats,
 ---pagebreak---     1 . 8 . 90                                  Official Journal of the European Communities                                       No L 203/ 17
   HAS ADOPTED THIS REGULATION                                                  3.    There shall be no refund on sunflower seed.
                                                                                4. However, the amount of the subsidy in the case of
                                                                                fixing for the 1990/91 marketing year will be confirmed
                                 Article 1                                      or replaced as from 1 August 1990 to take into account
                                                                                the application of the system of maximum guaranteed
                                                                                quantities for colza and rape seed.
    1 . In the case of colza and rape seed, the amounts of                      5.    Certificates fixing the export refund in advance shall
    the refund referred to in Article 4 (1 ) of Regulation (EEC)                be valid from their date of issue until the end of the fol­
    No 651 /71 shall be as set out in the Annex hereto.                         lowing month.
                                                                                                            Article 2
    2. No refund shall be fixed for such products exported
    to the German Democratic Republic.                                          This Regulation shall enter into force on 1 August 1990.
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States.
                        Done at Brussels, 31 July 1990.
                                                                                          For the Commission
                                                                                           Ray MAC SHARRY
                                                                                     Member of the Commission
                                                                     ANNEX
                       to the Commission Regulation of 31 July 1990 fixing the export refunds on oil
                                                                        seeds
                                                                                                                       (amounts per 100 kilograms)
\                                                       Current      1st period      2nd period      3rd period      4th period      5th period
\                                                         80             90              10              11               12              1
  1 . Gross refunds (ECU) :                        I                                            «
       — Spain                                            20,990         20,990          —               —                —              —
       — Portugal                                         23,900         23,900          —               —                —  ■           —
       — other Member States                              22,500         22,500          —               —                —              —
  2. Final refunds :                               l              \                I                                              l
       Seeds harvested and exported from :         l              \                I              \                               l
       — Federal Republic of Germany (DM)                 52,68          52,68           —               —                —              —
       — Netherlands (Fl)                                 5935           59,35           —               —                —              —
       — BLEU (Bfrs/Lfrs)                              1 086,46       1 086,46           —               —                —              —
       — France (FF)                                     176,67         176,67           —               —                —              —
       — Denmark (Dkr)                                   200,93         200,93           —               —                —              —
       — Ireland (£ Irl)                                  19,663         19,663          —               —                —              —
       — United Kingdom (£)                               17,401         17,401          —               —                —              —
       — Italy (Lit)                                  39 413        39 413               —    .          —                —              —
       — Greece (Dr)                                   4 696,76      4 687,05            —               —                —              —
       — Spain (Pta)                                   3 349,21      3 349,21            —               —              ■ —              —
       — Portugal (Esc)                                4954,33       4 954,33            —               —                —              —
  (') Subject to the abatement resulting from the system of maximum guaranteed quantities for the 1990/91 marketing year.