CELEX: 31989R1934
Language: en
Date: 1989-07-01 00:00:00
Title: Commission Regulation (EEC) No 1934/89 of 30 June 1989 fixing the export refunds on oil seeds

1 . 7. 89                               Official Journal of the European Communities                           No L 187/55
                                    COMMISSION REGULATION (EEC) No 1934/89
                                                       of 30 June 1989
                                          fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        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 the Treaty establishing the European              whereas the amount of this refund may not exceed the
Economic Community,
                                                                   difference between prices within the Community and
                                                                   prices on the world market where the former are higher
Having regard to the Act of Accession of Spain and                 than the latter ; whereas Article 21 of Regulation No
Portugal,                                                          136/66/EEC provides that, at present, Article 28 of that
                                                                   Regulation applies only to colza, rape and sunflower
                                                                   seeds ;
Having regard to Regulation No 136/66/EEC of the
Council 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 1 225/89 (2),
                                                                   Whereas the refund for colza and rape seeds produced in
                                                                   Spain or Portugal is adjusted in accordance with Council
Having regard to Regulation No 142/67/EEC of the                   Regulation (EEC) No 478/86 (12) ;
Council of 21 June 1967 on export refunds on colza, rape
and sunflower seeds (3), as last amended by the Act of
Accession of Greece, and in particular the first sentence
 of Article 2 (3) thereof,
                                                                   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 1678/85              taken of prices ruling on the various Community markets
 of 11 June 1985 fixing the conversion rates to be applied'        which are representative from the point of view of proces­
 in agriculture (4), as last amended by Regulation (EEC) No        sing and exportation ; the most favourable quotations
 1887/89 0,                                                        recorded on the various markets of importing third coun­
                                                                   tries and costs incurred in placing the goods on the world
                                                                   market ; whereas, when the amount of the refund is being
 Having regard to Regulation (EEC) No 1569/72 of the               fixed, account must also be taken of the level of market
 Council of 20 July 1972 laying down special measures for          prices within the Community for the oil seeds referred to
 colza, rape and sunflower seed (*), as last amended by            in Article 21 of Regulation No 136/66/EEC and the
 Regulation (EEC) No 2216/88 Q, and in particular Article          future trend of these prices ; whereas, furthermore,
 2 (3) thereof,                                                    account should be taken of the economic aspect of the
                                                                   proposed exports and the situation in -the Community
 Having regard to Regulation (EEC) No 2041 /75 of the              regarding the supply of and demand for these seeds ;
 Commission 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 amended by Regulation (EEC) No 2662/87 (9), and           Whereas the abatement of the refund which arises, where
 in particular Article 13 thereof,                                 appropriate, from the system of maximum guaranteed
                                                                   quantities for the 1989/90 year, has not, to date, been
 Having regard to the opinion of the Monetary Committee,           fixed ; whereas the amount of the refund for the 1989/90
                                                                   year has been provisionally calculated on the basis of an
                                                                   abatement of ECU 3,44 per 100 kilograms for colza and
 Whereas, the target price and the monthly increases in            rape seed ;
 the target price for colza, rape and sunflower seed for the
 1989/90 marketing year were fixed by Regulations (EEC)
 NO 1 228/89 (I0) and (EEC) No 1 229/89 /") ;
                                                                   Whereas Article 1 of Regulation (EEC) No 651 /71 of the
 (') OJ No 172, 30. 9. 1 966, p. 3025/66.                           Commission of 29 March 1971 on certain detailed rules
 (2) OJ No L 128, 11 . 5. 1989, p. 15.                              for the application of export refunds on oil seeds (13), as
 0 OJ No 125, 26. 6. 1967, p. 2461 /67.
 (4) OJ No L 164, 24. 6. 1985, p. 11 .                             last amended by Regulation (EEC) No 1815/84 (14),
 0 OJ No L 182, 29. 6. 1989, p. 22.                                 provides that the amount of the refund must be calculated
 («) OJ No L 167, 25. 7. 1972, p. 9.                                on the basis of the weight of exported seeds ; whereas this
 0 OJ No L 197, 26. 7. 1988, p. 10.
 0 OJ No L 213, 11 . 8. 1975, p. 1 .
 0 OJ No L 252, 3 . 9. 1987, p. 6.                                 (>*) OJ No L 53, 1 . 3. 1986, p. 55.
 (>°) OJ No L 128, 11 . 5. 1989, p. 20.                            (l3) OJ No L 75, 30 . 3 . 1971 , p. 16.
 (») OJ No L 128, 11 . 5. 1989, p. 22.                             M OJ No L 170, 29. 6. 1984, p. 46.
 ---pagebreak--- No L 187/56                              Official Journal of the European Communities                                   1 . 7. 89
weight must be adjusted to take account of any diffe­              mined where the forward exchange rate for one or more
rences between the percentages - of moisture and impur­            currencies differs from the spot rate by at least a given
ities found to exist and those used to define the standard         percentage ; whereas this percentage has been fixed at 0,5
quality for which the target price is fixed ; whereas, when        by Regulation (EEC) No 1813/84 ;
this adjustment is being made, the weight of the exported
seeds must be increased by the amount of the difference            Whereas Regulation (EEC) No 1813/84 specifies the spot
between the actual moisture and impurities content and             and forward exchange rates and the period to be used for
that used to define the standard quality if the former is          calculating the differential amounts ; whereas in cases
lower than the latter ; whereas, if the opposite applies, the      where, for one or more months, quotations of forward
weight of the exported seeds must be reduced by the                 exchange rates are not available, the rates adopted for the
same amount ;                                                       previous months or the following months, as the case may
                                                                    be, must be used ;
Whereas the standard quality referred to above was
defined in Article 2 of Council Regulation (EEC) No                 Whereas it follows from applying these provisions to the
 1102/84 (');                                                       current situation of the oil seeds market and to the rates
                                                                    or prices of these products that, pursuant to Article 4 of
                                                                    Regulation (EEC) No 651 /71 , the amount of the refund in
Whereas Article 2 of Regulation No 142/67/EEC provides              ecus and the amount of the final refund in each of the
that the refund may be varied according to destination              national currencies must, in the case of colza and rape
where the world market situation or the specific require­           seed, be fixed in accordance with the Annex to this Regu­
ments of certain markets make this necessary ;                      lation ; whereas it is not necessary to fix a refund for
                                                                    sunflower seed ;
Whereas Article 4 of Regulation (EEC) No 651 /71
 provides for the publication of the amount of the final            Whereas Article 13 of Regulation (EEC) No 2041 /75
 refund obtained from the conversion into each of the               makes provision for the period of validity of certificates
 national currencies of the amount of the refund in ecus            fixing refunds in advance to be reduced if the market
 plus or minus the differential amount ; whereas Article 1          situation warrants ; whereas in the interests of sound
 of Commission Regulation (EEC) No 1813/84 (2), as last             market management a reduction should be made ;
 amended by Regulation (EEC) No 431 /89 (3), defined the
 elements which determine the differential amounts ;                Whereas the measures provided for in this Regulation are
whereas these elements are equal to the incidence on the            in accordance with the opinion of the Management
 target price reduced by 7,5 % or the refund of the coeffi­         Committee for Oils and Fats,
 cient derived from the percentage referred to in Article 2
 (1 ) of Regulation (EEC) No 1569/72 ; whereas, according
 to these provisions, this percentage represents :
 (a) for those Member States whose currencies are main­             HAS ADOPTED THIS REGULATION :
      tained as between themselves within a spread at any
      given moment of 2,25 % , the difference between :
                                                                                               Article 1
      — the conversion rate used under the common agri­
          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.
      — the relationship between the conversion rate used           2.    There shall be no refund on sunflower seed.
          under the common agricultural policy for the
          currency of the Member State concerned and the
          central rate of each of the currencies of the             3.    Certificates fixing the export refund in advance shall
                                                                    be valid from their date of issue until the end of the fol­
          Member States referred to in (a), and
                                                                    lowing month.
      — the spot market rate for the currency of the
          Member State in question in relation to each of
          the currencies of the Member States referred to in
                                                                    4.    However, the amount of the refund in the case of
          (a), as recorded over a period to be determined ;         advance fixing for the 1989/90 marketing year for colza
                                                                    and rape seed will be confirmed or replaced as from 1
 Whereas pursuant to Article 2 (2) of Regulation (EEC) No           July 1989 to take into account the consequences of the
  1569/72 forward differential amounts are to be deter­             application of the system of maximum guaranteed quanti­
                                                                    ties.
                                                                                               Article 2
 (') OJ No L 113, 28. 4. 1984, p. 8.
 0 OJ No L 170, 29. 6. 1984, p. 41 .
 0 OJ No L 50, 22. 2. 1989, p. 7.                                   This Regulation shall enter into force on 1 July 1989.
 ---pagebreak--- 1 . 7. 89                                         Official Journal of the European Communities                                              No L 187/57
                      This Regulation shall be binding in its entirety and directly applicable in all Member
                      States.
                       Done at Brussels, 30 June 1989.
                                                                                               For the Commission
                                                                                                 Ray MAC SHARRY
                                                                                          Member of the Commission
                                                                           ANNEX
                       to the Commission Regulation of 30 June 1989 fixing the export refunds on oil seeds
                                                                                                                                 (amounts per 100 kilograms)
                                                          Current         1st period       2nd period        3rd period        4th period      5th period
                                                             ?(')               8               9                 10                11             12
1 . Gross refunds (ECU) :
    — Spain                                                   16,000           16,000          —                 —                 —               —
    — Portugal                                                18,440           18,440          —                 —                 —               —
    — other Member States                                     15,000           15,000        , —
                                                                                                                 —                 —               —
2. Final refunds :                                                    l
     Seeds harvested and exported from :
    —     Federal Republic of Germany (DM)                    35,95            35,95           —                                   —
                                                                                                                                                   —'
    —     Netherlands (Fl)                                    39,81            39,57           —                 —                 —               —
     —    BLEU (Bfrs/Lfrs)                                  724,30           724,30            —                 —                 —               —
     —    France (FF)                                       111,38            111,38           —                 —                 —               —
     —    Denmark (Dkr)                                     133,95            133,95           —                                   —               —
     —    Ireland (£ Irl)                                     12,396           12,396          —                 —                 —               —    ■
     —    United Kingdom (£)                                   8,908             8,908         —                 —                 —               _    .
     —    Italy (Lit)                                    24 870          24 870                —                 —                 —               —
     —    Greece (Dr)                                     2 146,37         2 071,65            —                 —                 —
     —    Spain (Pta)                                     2606,26          2 574,12            —                 —                 —               —
     —    Portugal (Esc)                                  3 487,81         3 486,68            —                 —                  —              —
(') Subject, in the case of advance fixing for the 1989/90 marketing year, of the consequences of the application of the system of maximum guaranteed quan­
    tities.