CELEX: 31990R2853
Language: en
Date: 1990-10-03 00:00:00
Title: Commission Regulation (EEC) No 2853/90 of 2 October 1990 amending the export refunds on oil seeds

No L 271 /20                             Official Journal of the European Communities                               3. 10 . 90
                                    COMMISSION REGULATION (EEC) No 2853/90
                                                       of 2 October 1990
                                         amending the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         1990/91 marketing year were fixed by Regulations (EEC)
                                                                   No 1317/90 (l0) and (EEC) No 1318/90 (");
Having regard to the Treaty establishing the European
Economic Community,
                                                                    whereas the prices fixed by the Council are to be reduced
                                                                   in accordance with Article 2 of Commission Regulation
Having regard to the Act of Accession of Spain and                 (EEC) No 784/90 of 29 March 1990 fixing the reducing
Portugal,                                                          coefficient for agricultural prices in the 1990/91 marke­
                                                                   ting year as a result of the monetary realignment of 5
                                                                   January 1990 and amending the prices and amounts fixed
Having regard to Council Regulation No 136/66/EEC of               in ecus for that marketing year (12);
22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 2902/89 (2),                        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 142/67/EEC of               whereas the amount of this refund may not exceed the
21 June 1967 on export refunds on colza, rape and                  difference between prices within the Community and
sunflower seeds (% as last amended by the Act of Acces­            prices on the world market where the former are higher
sion of Greece, and in particular the second sentence of           than the latter ; whereas Article 21 of Regulation No
Article 2 (3) thereof,                                              136/66/EEC provides that, at present, Article 28 of that
                                                                   Regulation applies only to colza, rape and sunflower
                                                                   seeds ;
Having regard to Council Regulation (EEC) No 1678/85
of 11 June 1985 fixing the conversion rates to be applied
in agriculture (4), as last amended by Regulation (EEC) No          whereas the refund for colza and rape seeds produced in
2496/90 0,                                                         Spain or Portugal is adjusted in accordance with Council
                                                                   Regulation (EEC) No 478/86 (13);
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,
rape and sunflower seed 0, as last amended by Regulation            whereas Article 3 of Regulation No 142/67/EEC provides
(EEC) No 2206/90 Q, and in particular Article 2 (3)                that when the refund is being calculated account must be
thereof,                                                           taken of prices ruling on the various Community markets
                                                                   which are representative from the point of view of proces­
                                                                   sing and exportation ; the most favourable quotations
Having regard to Commission Regulation (EEC) No                    recorded on the various markets of importing third coun­
2041 /75 of 25 July 1975 on special detailed rules for the         tries and costs incurred in placing the goods on the world
application of the system of import and export licences            market ; whereas, when the amount of the refund is being
and advance fixing certificates for oils and fats (*), as last     fixed, account must also be taken of the level of market
amended by Regulation (EEC) No 2662/87 (*), and in                 prices within the Community for the oil seeds referred to
particular Article 13 thereof,                                     in Article 21 of Regulation No 136/66/EEC and the
                                                                   future trend of these prices ; whereas, furthermore,
                                                                   account should be taken of the economic aspect of the
Having regard to the opinion of the Monetary Committee,            proposed exports and the situation in the Community
                                                                   regarding the supply of and demand for these seeds ;
Whereas, the target price and the monthly increases in
the target price for colza, rape and sunflower seed for the        Whereas the abatement of the subsidy for colza and tape
                                                                   seed wich arises from the system of maximum guaranteed
(') OJ No 172, 30. 9. 1966, p. 3025/66.                            quantities for the 1990/91 marketing year has been fixed
ft O ] No L 280, 29. 9. 1989, p. 2.                                by Commission Regulation (EEC) No 2509/90 (,4);
(3) OJ No  125, 26. 6. 1967, p. 2461 /67.
0   OJ No  L 164, 24. 6. 1985, p. 11 .
0   OJ No  L 236, 31 . 8. 1990, p. 8.                              (10) OJ No L 132, 23. 5. 1990, p. 9.
(*) OJ No  L 167, 25. 7. 1972, p. 9.                               (") OJ No L 132, 23. 5. 1990, p. 11 .
0   OJ No  L 201 , 31 . 7. 1990, p. 11 .                           (,z) OJ No L 83, 30. 3. 1990, p. 102.
(8) OJ No  L 213, 11 . 8. 1975, p. 1 .                             H OJ No L 53, 1 . 3. 1986, p. 55.
(') OJ No  L 252, 3. 9. 1987, p. 6.                                ('«) OJ No L 237, 1 . 9. 1990, p. 52.
 ---pagebreak--- 3 . 10 . 90                               Official Journal of the European Communities                             No L 271 /21
Whereas Article 1 of Commission Regulation (EEC) No                 (b) In the case of Member States other than those referred
651 /71 of 29 March 1971 on certain detailed rules for the               to in (a), the difference between :
application of export refunds on oil seeds ('), as last
amended by Regulation (EEC) No 1815/84 (2), provides                     — the agricultural conversion rate, and
that the amount of the refund must be calculated on the
basis of the weight of exported seeds ; whereas this weight              — the average rate of the ecu as published in the C
must be adjusted to take account of any differences                          Series of the Official Journal of the European
between the percentages of moisture and impurities found                     Communities during a period to be determined,
to exist and those used to define the standard quality for                   multiplied by the factor referred to in the second
which the target price is fixed ; whereas, when this adjust­                 indent of (a).
ment is being made, the weight of the exported seeds
must be increased by the amount of the difference                   Whereas pursuant to Article 2 (2) of Regulation (EEC) No
between the actual moisture and impurities content and               1569/72 forward differential amounts are to be deter­
that used to define the standard quality if the former is            mined where the forward exchange rate for one or more
lower than the latter ; whereas, if the opposite applies, the        currencies differs from the spot rate by at least a given
weight of the exported seeds must be reduced by the                 percentage ; whereas this percentage has been fixed at 0,5
same amount :                                                       by Regulation (EEC) No 1813/84 ;
                                                                    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 (J) ;                                                     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              Whereas it follows from applying these provisions to the
where the world market situation or the specific require­            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
                                                                     ecus and the amount of the final refund in each of the
Whereas Article 4 of Regulation (EEC) No 651 /71                     national currencies must, in the case of colza and rape
provides for the publication of the amount of the final             seed, be fixed in accordance with the Annex to this Regu­
refund obtained from the conversion into each of the                 lation ; whereas it is not necessary to fix a refund for
national currencies of the amount of the refund in ecus              sunflower seed ;
plus or minus the differential amount ; whereas Article 1
of Commission Regulation (EEC) No 1813/84 (4), as last              Whereas Article 13 of Regulation (EEC) No 2041 /75
amended by Regulation (EEC) No 1 539/90 J5), defined the             makes provision for the period of validity of certificates
elements which determine the differential amounts ;                  fixing refunds in advance to be reduced if the market
whereas these elements are equal to the incidence on the             situation warrants ; whereas in the interests of sound
target price reduced by 7,5 % or the refund of the coeffi­           market management a reduction should be made,
cient derived from the percentage referred to in Article 2
(1 ) of Regulation (EEC) No 1 569/72 ; whereas, according
to these provisions, this percentage represents :
                                                                     HAS ADOPTED THIS REGULATION :
(a) for those Member States whose currencies are main­
     tained as between themselves within a spread at any
                                                                                                Article 1
     given moment of 2,25 %, the difference between :
     — the conversion rate used under the common agri­               1 . In the case of colza and rape seed, the amounts of
         cultural policy, and                                        the refund referred to in Article 4 (1 ) of Regulation (EEC)
                                                                     No 651 /71 shall be as set out in the Annex hereto.
     — the conversion rate resulting from the central rate
         of the correcting factor referred to in Article 6 (1)
                                                                     2.    There shall be no refund on sunflower seed.
         of Regulation (EEC) No 1677/85 (1S) as last
         amended by Regulation (EEC) No 2205/90 (l7).
                                                                     3.    Certificates fixing the export refund in advance shall
                                                                     be valid from their date of issue until the end of the fol­
(') OJ   No -L  75, 30. 3. 1971 , p. 16.
(2) OJ   No  L  170, 29. 6. 1984, p. 46.                             lowing month.
(3) OJ   No  L  113, 28 . 4. 1984, p. 8.
(<) OJ   No  L  170, 29. 6. 1984, p. 41 .                                        i              Article 2
0   OJ   No  L  145, 8. 6. 1990, p. 20.
(«) OJ   No  L  164, 24. 6. 1985, p. 6.
0   OJ   No  L  201 , 31 . 7. 1990, p. 9.                            This Regulation shall enter into force on 3 October 1990 .
 ---pagebreak---  No L 271 /22                           Official Journal of the European Communities                                  3. 10. 90
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 2 October 1990.
                                                                           For the Commission
                                                                             Ray MAC SHARRY
                                                                       Member of the Commission
                                                           ANNEX
                   to the Commission Regulation of 2 October 1990 altering the export refunds on oil
                                                              seeds
                                                                                                     (amounts per 100 kilograms)
                                               Current     1st period  2nd period    3rd period    4th period      5th period
                                                 10            11          12             1             2               3
1 . Gross refunds (ECU) :                 II
    — Spain                                       0,000         0,278      —             —             —
    — Portugal                                   23,470        23,748      —             —             —               _
    — other Member States                        16,500        16,778      —             —             —               —
2. Final refunds :                        IIIl
    Seeds harvested and exported from :   \\
    — Federal Republic of Germany (DM)           38,63         39,28       —             —             —
    — Netherlands (Fl)                           43,52         44,26       —             —             —
    — BLEU (Bfrs/Lfrs)                          796,74        810,16       —             —             —
    —  France (FF)                              129,56        131,74       —             —             —
    —  Denmark (Dkr)                            147,35        149,83       —             —             —               _
    —  Ireland (£ Irl)                           14,419        14,662      —             —             —
    —  United Kingdom (£)                        12,491        12,708      —             —             —               —
    —  Italy (Lit)                           28 903       29 390           —             —             —               —
    —  Greece (Dr)                            3 344,37     3 396,97        —             —             —               —
    —  Spain (Pta)                               68,63        111,13       —             —             —               —
    —  Portugal (Esc)                         4 812,31     4 869,83        —             —             —               —