CELEX: 31991R2873
Language: en
Date: 1991-10-01
Title: Commission Regulation (EEC) No 2873/91 of 30 September 1991 fixing the export refunds on oil seeds

No L 274/24                          Official Journal of the European Communities                                 1 . 10. 91
                                     COMMISSION REGULATION (EEC) No 2873/91
                                                     of 30 September 1991
                                          fixing the export refunds on oil seeds
  THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      guaranteed quantity arrangements for the 1991 /92
                                                                   marketing year, the rate of the refund for this marketing
  Having regard to the Treaty establishing the European            year has only been able to be calculated provisionally on
  Economic Community,                                              the basis of the abatement applicable for the 1990/91
                                                                   marketing year ; whereas this amount should therefore
  Having regard to the Act of Accession of Spain and               only be applied provisionally and should be confirmed or
  Portugal,                                                        replaced once the consequences of the maximum guaran­
                                                                   teed quantity arrangements are known ;
  Having regard to Council Regulation No 136/66/EEC of
  22 September 1966 on the establishment of a common              Whereas Article 27a (3) of Regulation No 136/66/EEC
  organization of the market in oils and fats ('), as last        provides that the adjustment of the amount of aid for
  amended by Regulation (EEC) No 1720/91 (2),                     rapeseed produced in Spain for the 1991 /92 marketing
                                                                  year shall be fixed so that the adjusted target price is the
  Having regard to Council Regulation No 142/67/EEC of            same in Spain as in the Community as constituted at 31
  21 June 1967 on export refunds on colza, rape and               December 1985 ;
 sunflower seeds (3), as last amended by the Act of Acces­
 sion of Greece, and in particular the first sentence of
 Article 2 (3) thereof,                                           Whereas Article 28 of Regulation No 136/66/EEC
                                                                  provides that a refund may be granted on exports to third
  Having regard to Council Regulation (EEC) No 1678/85            countries of oil seeds harvested within the Community ;
 of 11 June 1985 fixing the conversion rates to be applied        whereas the amount of this refund may not exceed the
 in agriculture (4), as last amended by Regulation (EEC) No       difference between prices within the Community and
 2566/91 0,                                                       prices on the world market where the former are higher
                                                                  than the latter ; whereas Article 21 of Regulation No
 Having regard to Council Regulation (EEC) No 1569/72              136/66/EEC provides that, at present, Article 28 of that
 of 20 July 1972 laying down special measures for colza,          Regulation applies only to colza, rape and sunflower
                                                                  seeds ;
 rape and sunflower seed (6), as last amended by Regulation
 (EEC) No 2206/90 (7), and in particular 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 Commission Regulation (EEC) No                  Regulation (EEC) No 478/86 (,2);
 2041 /75 of 25 July 1975 on special detailed rules for the
 application of the system of import and export licences
 and advance fixing certificates for oils and fats (8), as last  Whereas Article 3 of Regulation No 1 42/67/EEC provides
 amended by Regulation (EEC) No 557/91 (9), and in parti­         that when the refund is being calculated account must be
 cular Article 13 thereof,                                        taken of prices ruling on the various Community markets
                                                                 which are representative from the point of view of proces­
 Having regard to the opinion of the Monetary Committee,         sing and exportation ; the most favourable quotations
                                                                  recorded on the various markets of importing third coun­
Whereas the target price and the monthly increases in the         tries and costs incurred in placing the goods on the world
 target price for colza, rape and sunflower seed for the          market ; whereas, when the amount of the refund is being
                                                                 fixed, account must also be taken of the level of market
 1991 /92 marketing year were fixed by Regulations (EEC)
 No 1722/91 (10) and (EEC) No 1723/91 (");                       prices within the Community for the oil seeds referred to
                                                                 in Article 21 of Regulation No 136/66/EEC and the
                                                                 future trend of these prices ; whereas, furthermore,
Whereas, owing to the lack of an adjustment in the rate of       account should be taken of the economic aspect of the
 refund for colza and rape resulting from the maximum            proposed exports and the situation in the Community
                                                                 regarding the supply of and demand for these seeds ;
(') OJ No 172, 30. 9. 1966, p. 3025/66.
0 OJ No L 162, 26. 6. 1991 , p. 27.
0 OJ No 125, 26. 6. 1967, p. 2461 /67.                           Whereas the abatement of the subsidy for colza and tape
O OJ No L 164, 24. 6. 1985, p. 11 .
O OJ No L 244, 31 . 8. 1991 , p. 48.                             seed wich arises from the system of maximum guaranteed
(Ó OJ No L 167, 25. 7. 1972, p. 9.                               quantities for the 1990/91 marketing year has been fixed
0 OJ No L 201 , 31 . 7. 1990, p. 11 .                            by Commission Regulation (EEC) No 2509/90 (l3);
0 OJ No L 213, 11 . 8. 1975, p. 1 .
0 OJ No L 62, 8. 3. 1991 , p. 23.
(,0) OJ No L 162, 26. 6. 1991 , p. 31 .                          (,2) OJ No L 53, 1 . 3. 1986, p. 55.
(") OJ No L 162, 26. 6. 1991 , p. 33.                             13) OJ No L 237, 1 . 9. 1990, p. 7.
 ---pagebreak---    1 . 10 . 91                              Official Journal of the European Communities                             No L 274/25
  Whereas Article 1 of Commission Regulation (EEC) No                      — the agricultural conversion rate, and
  651 /71 of 29 March 1971 on certain detailed rules for the
  application of export refunds on oil seeds ('), as last                  — the average rate of the ecu as published in the C
  amended by Regulation (EEC) No 1815/84 (2), provides                         Series of the Official Journal of the European.
  that the amount of the refund must be calculated on the                      Communities during a period to be determined,
  basis of the weight of exported seeds ; whereas this weight                  multiplied by the factor referred to in the second
  must be adjusted to take account of any differences                          indent of (a) ;
  between the percentages of moisture and impurities found
  to exist and those used to define the standard quality for
 which the target price is fixed ; whereas, when this adjust­         Whereas pursuant to Article 2 (2) of Regulation (EEC) No
  ment is being made, the weight of the exported seeds                 1569/72 forward differential amounts are to be deter­
  must be increased by the amount of the difference                   mined where the forward exchange rate for one or more
 between the actual moisture and impurities content and               currencies differs from the spot rate by at least a given
 that used to define the standard quality if the former is            percentage ; whereas this percentage has been fixed at 0,5
 lower than the latter ; whereas, if the opposite applies, the        by Regulation (EEC) No 1813/84 ;
 weight of the exported seeds must be reduced by the
 same amount ;
                                                                      Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                      and forward exchange rates and the period to be used for
 Whereas the standard quality referred to above was                   calculating the differential amounts ; whereas in cases
 defined in Article 2 of Council Regulation (EEC) No                  where, for one or more months, quotations of forward
  1 102/84 0 ;                                                        exchange rates are not available, the rates adopted for the
                                                                      previous months or the following months, as the case may
                                                                      be, must be used ;
 Whereas Article 2 of Regulation No 142/67/EEC provides
 that the refund may be varied according to destination
 where the world market situation or the specific require­            Whereas it follows from applying these provisions to the
                                                                      current situation of the oil seeds market and to the rates
 ments of certain markets make this necessary ;
                                                                      or prices of these products that, pursuant to Article 4 of
                                                                      Regulation (EEC) No 651 /71 , the amount of the refund in
 Whereas Article 4 of Regulation (EEC) No 651 /71                     ecus and the amount of the final refund in each of the
 provides for the publication of the amount of the final              national currencies must, in the case of colza and rape
 refund obtained from the conversion into each of the                 seed, be fixed in accordance with the Annex to this Regu­
 national currencies of the amount of the refund in ecus              lation ; whereas it is not necessary to fix a refund for
 plus or minus the differential amount ; whereas Article 1            sunflower seed ;
 of Commission Regulation (EEC) No 1813/84 (4), as last
 amended by Regulation (EEC) No 1539/90 (% defined the
 elements which determine the differential amounts ;                  Whereas Article 13 of Regulation (EEC) No 2041 /75
whereas these elements are equal to the incidence on the              makes provision for the period of validity of certificates
 target price reduced by 7,5 % or the refund of the coeffi­           fixing refunds in advance to be reduced if the market
 cient derived from the percentage referred to in Article 2           situation warrants ; whereas in the interests of sound
( 1 ) of Regulation (EEC) No 1569/72 ; whereas, according             market management a reduction should be made ;
 to these provisions, 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
       — the conversion rate resulting from the central rate          HAS ADOPTED THIS REGULATION :
            of the correcting factor referred to in Article 6 (1 )
            of Regulation (EEC) No 1677/85 (*), as last
            amended by Regulation (EEC) No 2205/90 (7).
                                                                                               Article 1
(b) In the case of Member States other than those referred
       to in (a), the difference between :
(')   OJ   No  L  75, 30. 3. 1971 , p. 16.                            1 . In the case of colza and rape seed, the amounts of
(2)   OJ   No  L  170, 29. 6. 1984, p. 46.                           the refund referred to in Article 4 (1 ) of Regulation (EEC)
(3)   OJ   No  L  113, 28. 4. 1984, p. 8 .
(4)   OJ   No  L  170, 29. 6. 1984, p. 41 .                           No 651 /71 shall be as set out in the Annex hereto.
O     OJ   No  L  145, 8. 6. 1990, p. 20.
H OJ No L 164, 24. 6. 1985, p. 6.
f) OJ No L 201 , 31 . 7. 1990, p. 9.                                 2.     There shall be no refund on sunflower seed.
 ---pagebreak---  No L 274/26                                  Official Journal of the European Communities                                                1 . 10. 91
 3.     Certificates fixing the export refund in advance shall                   replaced with effect from 1 October 1991 to take account
 be valid from their date of issue until the end of the fol­                     of the consequences of the maximum guaranteed quantity
 lowing month.                                                                   arrangements for the 1991 /92 marketing year.
                                                                                                             Article 2
4.      However, the amount of the refund for the 1991 /92
 marketing year for colza and rape shall be confirmed or                         This Regulation shall enter into force on 1 October 1991 .
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels, 30 September 1991 .
                                                                                          For the Commission
                                                                                            Ray MAC SHARRY
                                                                                      Member of the Commission
                                                                      ANNEX
                    to the Commission Regulation of 30 September 1991 fixing the export refunds on oil
                                                                         seeds
                                                                                                                        (amounts per 100 kilograms)
                                                       Current        1st period      2nd period     3rd period       4th period       5th period
                                                         10 (')          ll (')           12              1                2                3
1 . Gross refunds (ECU):                                                                         I
     — Spain                                              13,500          13,778          —              —                —                —
     — Portugal                                           20,470          20,748          —              —                —                —
     — other Member States                                13,500          13,778          —              —                —                —
2. Final refunds :                               I                 IIl                           l
     Seeds harvested and exported from :           '
                                                                   Ill                           l                \
    — Federal Republic of Germany (DM)                    31,78           32,44          —               —                —                —
    — Netherlands (Fl)                                    35,81           36,55          —               —                —                —
    — BLEU (Bfrs/Lfrs)                                  655,51           669,01          —               —                —                —
    — France (FF)                                       106,59           108,79          —               —                —                —
    — Denmark (Dkr)                                     121,23           123,72          —               —                —                —
    — Ireland (£ Irl)                                     11,863          12,108         —               —                —                —
    — United Kingdom (£)                                  10,606          10,827         —               —                —                —
    — Italy (Lit)                                    23 780          24 269              —               —                —                —
    — Greece (Dr)                                     3 261,96        3 311,33           —               —                —                —
    — Spain (Pta)                                     2116,64         2 158,57           —               —                —                —
    — Portugal (Esc)                                  4 371,82        4 429,83           —               —                —                —
O Amount fixed provisionally, pending and subject to the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year,
    conforming to the adjustment resulting from the maximum guaranteed quantity arrangements applied for the 1990/91 marketing year.