CELEX: 31987R1857
Language: en
Date: 1987-07-01 00:00:00
Title: Commission Regulation (EEC) No 1857/87 of 30 June 1987 fixing the export refunds on oil seeds

1 . 7. 87                              Official Journal of the European Communities                           No L 174/53
                                   COMMISSION REGULATION (EEC) No 1857/87
                                                      of 30 June 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
                                                                 Regulation applies only to colza, rape and sunflower
Having regard to the Treaty establishing the European            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 (») ;
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 142/67/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 Commuriity 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 (*), 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 f7), as last amended by Regulation
(EEC) No 1 474/84 (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, October, November
Having regard to the opinion of the Monetary Committee,           and December 1987 of the refund on these products it
                                                                  has been possible only to make a provisional calculation
Whereas the target price and the monthly increases in the        using the target price proposed by the Commission to the
target price for colza, rape and sunflower seed for the           Council for the 1987/88 marketing year ; whereas there­
 1986/87 marketing year were fixed by Council Regula­             fore such refund amounts must be applied only provisio­
tions (EEC) No 1457/86 (9) and (EEC) No 1458/86 (10) ;            nally and confirmed or altered when the target price for
                                                                  the 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
(*) OJ No L 133, 21 . 5. 1986, p. 8 .                             amount of the refund could therefore not be determined ;
j3) OJ No 125, 26. 6. 1967, p. 2461 /67.                          whereas the amounts of the refund should therefore only
(j OJ No L 264, 23. 11 . 1972, p. 1 .                             be applied on a temporary basis and should be confirmed
0 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 ;
(«) OJ No L 143, 30. 5. 1984, p. 4.
0 OJ No L 133, 21 . 5. 1986, p. 12.
 >°) OJ No L 133, 21 . 5. 1986, p. 14.                            (») OJ No L 53, 1 . 3. 1986, p. 55.
 ---pagebreak--- No L 174/54                               Official Journal of the European Communities                                   1 . 7. 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                    — the spot market rate for the currency of the
that the amount of the refund must be calculated on 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
                                                                    1 569/72 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
1 102/84 (H);                                                       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
Whereas Article 4 of Regulation (EEC) No 651 /71
                                                                    previous months or the following months, as the case may
                                                                    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 .
0   OJ  No  L  170, 29. 6. 1984, p. 41 .
0   OJ  No  L  361 , 20. 12. 1986, p. 27.                           («) OJ No L 13, 15. 1 . 1987, p. 13.
 ---pagebreak---      1 . 7. 87                                    Official Journal of the European Communities                                              No L 174/55
     2. In cases of advance fixing of the refund on colza and                         1987 to take account, where appropriate, of the effects of
     rape seed for July, August, September, October,                                  the application of the system of maximum guaranteed
     November and December 1987 the amount will however                               quantities for colza and rape seed.
     be confirmed or altered with effect from 1 July 1987 on
     the basis of the target price and connected measures set                         4.    There shall be no refund on sunflower seed.
     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, October,
     November and           December       1987, the      amount shall
     however be confirmed or altered with effect from 1 July                          This Regulation shall enter into force on 1 July 1987.
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States .
                        Done at Brussels, 30 June 1987.
                                                                                                 For the Commission
                                                                                                                     \
                                                                                                  Frans ANDRIESSEN
                                                                                                     Vice-President
                                                                           ANNEX
                            to the Commission Regulation of 30 June 1987 fixing the export refunds on colza
                                                                       and rape seed
                                                                                                                                 (amounts per 100 kilograms)
                                                      Current (')      1st period (')      2nd period (')   3rd period (')   4th period (')    5th period (')
                                                           7                 8                   9               10               11                 12
1 . Gross refunds (ECU):
    — Spain                                               10,220            10,220              10,220           10,220           10,220             10,220
    — Portugal                                            15,000            15,000              15,000           15,000           15,000             15,000
    — other Member States                                 15,000            15,000              15,000           15,000           15,000             15,000
2. Final refunds :                                \                  l                   l                l                I                 l
    Seeds harvested and exported from :                                                  l                l                       f
                                                                                                                                             l
    — Federal Republic of Germany (DM)                    37,82             37,82               37,85            38,04            38,04              38,62
    — Netherlands (Fl)                                    42,62             42,62               42,62            42,82            42,82          . 43,41
    — BLEU (Bfrs/Lfrs)                                   689,21            689,21              689,21           688,02           688,02             679,09
    — France (FF).                                        86,22             86,22               85,75            84,88            84,88              86,16
    — Denmark (Dkr)                                      119,11            119,11              119,11           119,11           119,11             115,78
    — Ireland (£ Irl)                                       9,248             9,248               9,244           9,186             9,186             9,041
    — United Kingdom (£)                                    4,822             4,822               4,822           4,822             4,822             4,590
    —, Italy (Lit)                                   19 054             19 051              18 806           19 054           19 054            18 590
    — Greece (Dr)                                         23,01               0,00                0,00            0,00              0,00              0,00
    — Spain (Pta)                                      1 008,05          1 008,05              957,04           934,88           934,88             835,79
    — Portugal (Esc)                                   1 395,57          1 385,58            1 320,34         1 299,74         1 299,74           1 217,68
(') Subject to the amount to be deducted in accordance with the system of guaranteed maximum quantities and the Decision regarding prices and related measures
    for the 1987/88 marketing year.