CELEX: 31988R3739
Language: en
Date: 1988-12-01 00:00:00
Title: Commission Regulation (EEC) No 3739/88 of 30 November 1988 fixing the export refunds on oil seeds

No L 328/ 18                              Official Journal of the European Communities                               1 . 12. 88
                                       COMMISSION REGULATION (EEC) No 3739/88
                                                       of 30 November 1988
                                             fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          Whereas, in order to determine the amount of the aid,
                                                                     account should be taken among the calculation factors of
Having regard to the Treaty establishing the European                the latest Commission proposals to the Council on prices
                                                                     and related measures :
Economic Community,
Having regard to the Act of Accession of Spain and
Portugal,                                                             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 ;
Having regard to Council Regulation No 136/66/EEC of                 whereas the amount of this refund may not exceed the
22 September 1966 on the establishment of a common                   difference between prices within the Community and
organization of the market in oils and fats ('), as -last            prices on the world market where the former are higher
amended by Regulation (EEC) No 2210/88 (2),                          than the latter ; whereas Article 21 of Regulation No
                                                                      136/66/EEC provides that, at present, Article 28 of that
Having regard to Council Regulation No 142/67/EEC of                 Regulation applies only to colza, rape and sunflower
21 June 1967 on export refunds on colza, rape and                    seeds :
sunflower seeds (3), as last amended by the Act of Acces­
sion of Greece (4), and in particular the first sentence of
Article 2 (3) thereof,                                               Whereas the refund for colza and rape seeds produced in
                                                                     Spain or Portugal is adjusted in accordance with Council
Having regard to Council Regulation (EEC) No 1678/85                 Regulation (EEC) No 478/86 (13) ;
of 11 June 1985 fixing the conversion rates to be applied
in agriculture (*), as last amended by Regulation (EEC) No
3657/88 {%                                                           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 (EEC) No 1 569/72                taken of prices ruling on the various Community markets
of 20 July 1972 laying down special measures for colza,              which are representative from the point of view of proces­
rape and sunflower seed Q, as last amended by Regulation             sing and exportation ; the most favourable quotations
(EEC) No 2216/88 (8), and in particular Article 2 (3)                recorded on the various markets of importing third coun­
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 Commission Regulation (EEC) No                      prices within the Community for the oil seeds referred to
2041 /75 of 25 July 1975 on special detailed rules for the           in Article 21 of Regulation No 136/66/EEC and the
application of the system of import and export licences              future trend of , these prices ; whereas, furthermore,
and advance fixing certificates for oils and fats (9), as last       account should be taken of the economic aspect of the
amended by Regulation (EEC) No 2662/87 (I0), and in
particular Article 13 thereof,
                                                                     proposed exports and the situation in the Community
                                                                     regarding the supply of and demand for these seeds ;
Having regard to the opinion of the Monetary Committee,
                                                                     Whereas the abatement of the subsidy for colza and tape
Whereas the target price and the monthly increases in the            seed which arises from the system of maximum guaran­
target price for colza, rape and sunflower seed for the              teed quantities for the 1988/89 marketing year has been
 1988/89 marketing year were fixed by Council Regula­                fixed by Commission Regulation (EEC) No 2761 /88 (14) ;
tions (EEC) No 2213/88 (») and (EEC) No 2214/88 (>2) ;
(') OJ  No 172, 30. 9.   1 966, p. 3025/66.                          Whereas Article 1 of Commission Regulation (EEC) No
0   OJ  No L 197, 26.    7. 1988, p. 1 .                             651 /71 of 29 March 1971 on certain detailed rules for the
f)  OJ  No 125, 26. 6.   1967, p. 2461 /67.
(4) OJ  No L 291 , 19 .  11 . 1979, p. 17.                           application of export refunds on oil seeds (15) as last
O   OJ  No L 164, 24.    6. 1985, p. 11 .                            amended by Regulation (EEC) No 1815/84 (16) provides
H OJ No L 318, 25. 11 . 1988, p. 8.                                  that the amount of the refund must be calculated on the
f) OJ No L 167, 25. 7. 1972, p. 9.
o OJ No L 197, 26. 7. 1988, p. 10.
O OJ No L 213, 11 . 8 . 1975, p. 1 .                                 H    OJ No  L 53, 1 . 3. 1986, p. 55.
(,0) OJ No L 252, 3. 9. 1987, p. 6.                                  (M)  OJ No  L 247, 6. 9. 1988, p. 7.
(") OJ No L 197, 26. 7. 1988, p. 6.                                  (15) OJ No  L 75, 30. 3. 1971 , p. 16.
(u) OJ No L 197, 26. 7. 1988, p. 8 .                                 (1S) OJ No  L 170, 29. 6. 1984, p. 46.
 ---pagebreak---                                          Official Journal of the European Communities                               No L 328/ 19
1 . 12. 88
basis of the weight of exported seeds ; whereas this weight                  the currencies of the Member States referred to in
must be adjusted to take account of any differences                          (a), as recorded over a period to be determined ;
between the percentages of moisture and impurities found
to exist and those used to define the standard quality for         Whereas pursuant to Article 2 (2) of Regulation (EEC) No
which the target price is fixed ; whereas, when this adjust­        1569/72 forward differential amounts are to be deter­
ment is being made, the weight of the exported seeds               mined where the forward exchange rate for one or more
must be increased by the amount of the difference                  currencies differs from the spot rate by at least a given
between the actual moisture and impurities content and              percentage ; whereas this percentage has been fixed at 0,5
that used to define the standard quality if the former is           by Regulation (EEC) No 1813/84 ;
lower than the latter ; whereas, if the opposite applies, the
weight of the exported seeds must be reduced by the                 Whereas Regulation (EEC) No 1813/84 specifies the spot
same amount ;                                                       and forward exchange rates and the period to be used for
                                                                    calculating the differential amounts ; whereas in cases
                                                                    where, for one or more months, quotations of forward
Whereas the standard quality referred to above was                  exchange rates are not available, the rates adopted for the
 defined in Article 2 of Council Regulation (EEC) No                previous months or the following months, as the case may
 1102/84(0 ;                                                        be, must be used ;
                                                                    Whereas it follows from applying these provisions to the
 Whereas Article 2 of Regulation No 142/67/EEC provides             current situation of the oil-seeds market and to the rates
 that the refund may be varied according to destination             or prices of these products that, pursuant to Article 4 of
 where the world market situation or the specific require­          Regulation (EEC) No 651 /71 , the amount of the refund in
 ments of certain markets make this necessary ;                     ECU and the amount of the final refund in each of the
                                                                    national currencies must, in the case of colza and rape
                                                                    seed, be fixed in accordance with the Annex to this Regu­
                                                                     lation ; whereas it is not necessary to fix a refund for
 Whereas Article 4 of Regulation (EEC) No 651 /71                    sunflower seed ;
 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 Article 13 of Regulation (EEC) No 2041 /75
  plus or minus the differential amount ; whereas Article 1          makes provision for the period of validity of certificates
  of Commission Regulation (EEC) No 1813/84 (2), as last             fixing refunds in advance to be reduced if the market
  amended by Regulation (EEC) No 2138/87 (3), defined the            situation warrants ; whereas in the interests of sound
  elements which determine the differential amounts ;                market management a reduction should be made ;
  whereas these elements are equal to the incidence on the
  target price reduced by 7,5 % or the refund of the coeffi­         Whereas the measures provided for in this Regulation are
  cient derived from the percentage referred to in Article 2         in accordance with the opinion of the Management
  (1) of Regulation (EEC) No 1569/72 ; whereas, according             Committee for Oils . and Fats,
  to these provisions, this percentage represents :
  (a) for those Member States whose currencies are main­
        tained as between themselves within a spread at any           HAS ADOPTED THIS REGULATION :
        given moment of 2,25 %, the difference between :
        — the conversion rate used under the common agri­                                        Article 1
            cultural policy, and
        — the conversion rate resulting from the central rate,        1 . In the case of colza and rape seed, the amounts of
                                                                      the refund referred to in Article 4 (1 ) of Regulation (EEC)
   (b) for the other Member States, the difference between :          No 651 /71 shall be as set out in the Annex hereto.
                                                                      2.    There shall be no refund on sunflower seed.
        — the relationship between the conversion rate used
            under the common agricultural policy for the
            currency of the Member State concerned and the            3.     Certificates fixing the export refund in advance shall
            central rate of each of the currencies of the             be valid from their date of issue until the end of the follo­
            Member States referred to in (a), and                     wing month.
         — the spot market rate for the currency of the
            Member State in question in relation to each of                                       Article 2
    (>) OJ No L 113, 28 . 4. 1984, p. 8.                               This Regulation shall enter into force on 1 December
    b) OJ No L 170, 29. 6. 1984, p. 41 .                               1988 .
    M OJ No L 200, 21 . 7. 1987, p. 9.
 ---pagebreak---   No L 328/20                           Official Journal of the European Communities                                 1 . 12. 88
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 30 November 1988 .
                                                                           For the Commission
                                                                             Frans ANDRIESSEN
                                                                                Vice-President
                                                            ANNEX
                to the Commission Regulation of 30 November 1988 fixing the export refunds on oil seeds
                                                                                                    (amounts per 100 kilograms)
                                               Current     1st period  2nd period    3rd period   4th period      5th period
                                                 12            .1          2              3            4               5
1 . Gross refunds (ECU):
    — Spain                                      17,342         17,660     —             —            —    '          —
    — Portugal                                   21,502        21,820
    — other Member States                        17,000         17,318
2. Final refunds :
    Seeds harvested and exported from :
    — Federal Republic of Germany (DM)           40,58         41,33
    — Netherlands (Fl)                           45,20         46,04                     —
    — BLEU (Bfrs/Lfrs)                          812^3         831,32
    — France (FF)                               118,78        125,43       —                          —               —
    — Denmark (Dkr) ,                           144,97        149,21
    — Ireland (£ Irl)                            13,194         13,949
    — United Kingdom (£) <                        9,382         10,336
    — Italy (Lit)                            24 318       26 324
    — Greece (Dr)                             1 555,19      1 583,75
    — Spain (Pta)                             2 715,97     2 765,01
    — Portugal (Esc)                          3 937,68     3 997,47
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