CELEX: 31985R2741
Language: en
Date: 1985-10-01 00:00:00
Title: Commission Regulation (EEC) No 2741/85 of 30 September 1985 fixing the export refunds on oil seeds

1 . 10 . 85                                  Official Journal of the European Communities                        No L 259/35
                                        COMMISSION REGULATION (EEC) No 2741 /85
                                                          of 30 September 1985
                                                 fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN                                          of Regulation No 136/66/EEC provides that, at
COMMUNITIES,                                                            present, Article 28 of that Regulation applies only to
                                                                        colza, rape and sunflower seeds ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                        Whereas Article 3 of Regulation No 142/67/EEC
Having regard to Council Regulation No 136/66/EEC                       provides that when the refund is being calculated
of 22 September 1966 on the establishment of a                          account must be taken of prices ruling on the various
common organization of the market in oils and fats ('),                 Community markets which are representative from the
as last amended by Regulation (EEC) No 231 /85 (2),                     point of view of processing and exportation ; the most
                                                                        favourable quotations recorded on the various markets
 Having regard to Council Regulation No 142/67/EEC                      of importing third countries and costs incurred in
of 21 June 1967 on export refunds on colza, rape and                    placing the goods on the world market ; whereas,
sunflower seeds (3), as last amended by Regulation                      when the amount of the refund is being fixed, account
(EEC) No 2429/72 (4), and in particular the first                       must also be taken of the level of market prices within
sentence of Article 2 (3) thereof,                                      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, account should
 Having regard to Council Regulation (EEC) No                           be taken of the economic aspect of the proposed
 1223/83 of 20 May 1983 on the exchange rates to be                     exports and the situation in the Community regarding
 applied in agriculture (*), as last amended by Regula­                 the supply of and demand for these seeds
tion (EEC) No 1297/85 (6),
 Having regard to Council Regulation (EEC) No
 1569/72 of 20 July 1972 laying down special measures                   Whereas, in the absence of the target price for the
 for colza, rape and sunflower seed Q, as last amended                   1985/86 marketing year for colza and rape seed and in
by Regulation (EEC) No 1474/84 (8), and in particular                   the absence of the amount of the monthly increase for
Article 2 (3) thereof,                                                  November, December 1985, January, February and
                                                                        March 1986 for colza and rape seed, the amount of the
                                                                        refunds in the case of advance fixing for October,
 Having regard to the opinion of the Monetary                           November, December 1985, January, February and
 Committee,
                                                                        March 1986 for colza and rape seed has been
                                                                        obtainable only provisionally on the basis of the target
Whereas the target price and the monthly increases in                   price and the monthly, increase proposed by the
 the target price: for sunflower seed for the 1985/86                   Commission to the Council for the marketing year
 marketing year were fixed by Regulations (EEC) No                       1985/86 ; whereas this amount may, therefore, be
 1489/85f) and (EEC) No 1490/85 (10) ;                                  applied on a temporary basis and should be confirmed
                                                                        or replaced when the indicative price of the 1985/86
Whereas Article 28 of Regulation No 136/66/EEC                          marketing year is known ;
 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                      Whereas Article 1 of Commission Regulation (EEC)
 not exceed the difference between prices within the                    No 651 /71 of 29 March 1971 on certain detailed rules
 Community and prices on the world market where the                     for the application of export refunds on oil seeds (u), as
former are higher than the latter ; whereas Article 21                  last amended by Regulation (EEC) No 1815/84 (12),
                                                                        provides that the amount of the refund must be calcu­
(')  OJ   No 172, 30 . 9 . 1966, p . 3025/66.                           lated on the basis of the weight of exported seeds ;
(2)  OJ   No L 26, 31 . 1 . 1985, p. 12.                                whereas this weight must be adjusted to take account
(3)  OJ   No 125, 26 . 6 . 1967, p . 2461 /67.                          of any differences between the percentages of moisture
 4)  OJ   No L 264, 23 . 11 . 1972, p . 1 .
 ^ OJ No L 132, 21 . 5. 1983, p. 33.                                    and impurities found to exist and those used to define
 j OJ No L 137, 27. 5. 1985, p. 1 .                                     the standard quality for which the target price is fixed ;
 ^ OJ    No  L  167, 25. 7.     1972, p . 9 .
 8) OJ    No L  143 , 30 . 5.   1984, p. 4.
 9) OJ    No L  151 , 10 . 6 .  1985, p . 13 .                          (") OJ No L 75, 30 . 3 . 1971 , p. 16.
 ,0) OJ   No  L  151 , 10 . 6 .  1985 , p . 14 .                        (12) OJ No L 170 , 29 . 6. 1984, p . 46 .
 ---pagebreak--- No L 259 /36                        Official Journal of the European Communities                              1 . 10 . 85
whereas, when this adjustment is being made, the                      the currency of the Member State concerned
weight of the exported seeds must be increased by the                 and the central rate of each of the currencies of
amount of the difference between the actual moisture                  the Member States referred to 'in (a), and
and impurities content and that used to define the
standard quality if the former is lower than the latter ;         — the spot market rate for the currency of the
whereas, if the opposite applies, the weight of the                   Member State in question in relation to each of
exported seeds must be reduced by the same amount ;                   the currencies of the Member States referred to
                                                                      in (a), as recorded over a period to be deter­
                                                                      mined :
Whereas the standard quality referred to above was
defined in Article 2 of Council Regulation (EEC) No
1102/84 0 ;
                                                              Whereas, however, pursuant to Article 2a of Regula­
                                                              tion (EEC) No 1569/72, the monetary disparity for the
                                                              marketing years 1984/85 to 1986/87 will be calculated
Whereas Article 2 of Regulation No 142/67/EEC                 by a method which takes into account a coefficient
provides that the refund may be varied according to           applied to the conversion rate resulting from the
destination where the world market situation or the           central rate ; whereas Regulation (EEC) No 2679/85 (3)
                                                              fixed the coefficient ;
specific requirements of certain markets make this
necessary ;
                                                              Whereas pursuant to Article 2 (2) of Regulation (EEC)
Whereas Article 4 of Regulation (EEC) No 651 /71              No 1569/72 forward differential amounts are to be
provides for the publication of the amount of the final       determined where the forward exchange rate for one
refund obtained from the conversion into each of the          or more currencies differs from the spot rate by at least
national currencies of the amount of the refund in            a given percentage ; whereas this percentage has been
ECU plus or minus the differential amount ; whereas           fixed at 0,5 by Regulation (EEC) No 1813/84 ;
Article 1 of Regulation (EEC) No 1813/84 (2) defined
the    elements    which    determine    the   differential
amounts ; whereas these elements are equal to the
incidence on the target price or the refund of the coef­
ficient derived from the percentage referred to in            Whereas Regulation (EEC) No 1813/84 specifies the
Article 2 (1) of Regulation (EEC) No 1569/72 ;                spot and forward exchange rates and the period to be
whereas, according to these provisions, this percentage       used for calculating the differential amounts ; whereas
represents :                                                  in cases where, for one or more months, quotations of
                                                              forward exchange rates are not available, the rates
                                                              adopted for the previous months or the following
(a) for those Member States whose currencies are              months, as the case may be, must be used ;
     maintained as between themselves within a spread
     at any given moment of 2,25 % , the difference
     between :
                                                              Whereas it follows from applying these provisions to
                                                              the current situation of the oil-seeds market and to the
     — the conversion rate used under the common
                                                              rates or prices of these products that, pursuant to
         agricultural policy, and                             Article 4 of Regulation (EEC) No 651 /71 , the amount
                                                              of the refund in ECU and the amount of the final
     — the conversion rate resulting from the central         refund in each of the national currencies must, in the
         rate,
                                                              case of colza and rape seed, be fixed in accordance
                                                              with the Annex to this Regulation ; whereas it is not
                                                              necessary to fix a refund for sunflower seed ;
(b) for Italy, the United Kingdom and Greece, the
     difference between :
     — the relationship between the conversion rate           Whereas the measures provided for in this Regulation
         used undfer the common agricultural policy for       are in accordance with the opinion of the Management
                                                              Committee for Oils and Fats,
(') OJ No L 113, 28 . 4. 1984, p. 8 .
0 OJ No L 170, 29 . 6 . 1984, p . 41 .                        (3) OJ No L 254, 25. 9 . 1985, p. 14.
                                                     f
 ---pagebreak---           1 . 10 . 85                         Official Journal of the European Communities                                   No L 259/37
         HAS ADOPTED THIS REGULATION :
                                                                               seed will, however, be confirmed or replaced as from 1
                                                                               October 1985 to take into account the indicative price
                                  Article 1
                                                                               which is fixed for these products for the 1985/86
                                                                               marketing year, and the amount of the monthly
                                                                               increase for November, December 1985, January,
         In the case of colza and rape seed, the amounts of the                February and March 1986 for colza and rape seed.
         refund referred to in Article 4 ( 1 ) of Regulation (EEC)             No refund is fixed for sunflower seed .
         No 651 /71 shall be as set out in the Annex hereto .
                                                                                                        Article 2
         The amount of the refunds in the case of advance
         fixing for October, November, December 1985,                          This Regulation shall enter into force on 1 October
         January, February and March 1986 for colza and rape                   1985 .
                         This Regulation shall be binding in its entirety and directly applicable in all Member
                         States .
                         Done at Brussels, 30 September 1985.
                                                                                        For the Commission
                                                                                          Frans ANDRIESSEN
                                                                                             Vice-President
                                                                      ANNEX
                        to the Commission Regulation of 30 September 1985 fixing the export refunds on colza
                                                                 and rape seed
                                                                                                                        (amounts per 100 kilograms)
                                                   Current
                                                                   1st month        2nd month        3rd month       4th month        5th month
                                                    month
1 . Gross refunds (ECU)                             20,000 (')        20,520 (')       21,040 (')       21,560 (')      22,080 (')       22,600 (')
2 . Final refunds                             \II                                                                  l
    Seeds harvested and exported from :                                          I                                 l
    —   Federal Republic of Germany (DM)            49,57 (')         50,81 (■)        52,07 (')        53,48 (')       54,72 (')        56,49 (')
    —   Netherlands (Fl)                            55,85 (')         57,25 (')        58,65 (')        60,23 (')       61,63 (')        63,55 (')
    —   BLEU (Bfrs/Lfrs)                           928,24 (')       952,37 (')        976,50 (')      999,56 (')    1 023,70 (')     1 039,79 (')
    —   France (FF)                                137,14 (')       140,78 (■)        144,00 (')       146,85 (')      150,49 (')       154,14 (')
    —   Denmark (Dkr)                              168,30 (')       172,68 (')        177,05 (')       181,43 (')      185,80 (')       189,61 (')
    —   Ireland (£ Irl)                             1 5,002 (')       15,392 (')       15,778 (')       16,118 (')      16,508 (')       16,778 (■)
    —   United Kingdom (£)                          12,952 0 )        13,274 (')       13,595 (')       13,917 (')      14,239 (')       14,375 0
    —   Italy (Lit)                             27 544      (') 28 311       (!)   28 867     (■)  29 431      (') 30 202      (')  30 729      (')
    —  Greece (Dr)                               1 793,18 (')     1 846,40 (')      1 899,62 (')    1 952,84 (■)    2 006,06 (')     2 059,28 (•)
(') On the basis of the Commission s last proposal concerning the indicative price and subject to confirmation by the Council's decision.