CELEX: 31974R2764
Language: en
Date: 1974-11-01 00:00:00
Title: Regulation (EEC) No 2764/74 of the Commission of 31 October 1974 fixing the export refund on oil seeds

1 . 11 . 74                            Official Journal of the European Communities                         No L 294/ 53
                             REGULATION (EEC) No 2764/74 OF THE COMMISSION
                                                     of 31 October 1974
                                           fixing the export refund on oil seeds
THE COMMISSION OF THE EUROPEAN                                    Whereas Article 3 of Regulation No 142/67/EEC
COMMUNITIES,                                                      provides that when the refund is being calculated
                                                                  account must be taken of prices ruling on the various
                                                                  Community markets which are representative from
Having regard to the Treaty establishing the European             the point of view of processing and exportation ; the
Economic Community ;                                              most favourable quotations recorded on the various
                                                                  markets of importing third countries and Greece, and
                                                                  costs incurred in placing the goods on the world
Having regard to Council Regulation No 136/                       market ; whereas, when the amount of the refund is
66/EEC ( J ) of 22 September 1966 on the establish­               being fixed, account must also be taken of the level of
ment of a common organization of the market in oils               market prices within the Community for the oil seeds
and fats, as last amended by Regulation (EEC) No                  referred to in Article 21 of Regulation No 136/
1707/73 (2);                                                      66/EEC and the future trend of these prices ; whereas,
                                                                  furthermore, account should be taken of the economic
                                                                  aspect of the proposed exports and the situation in the
Having regard to Council Regulation No 162/                       Community regarding the supply of and demand for
66/EEC (3) of 27 October 1966 on trade in oils and                these seeds ;
fats between the Community and Greece ;
                                                                  Whereas Article 1 of Commission Regulation (EEC)
Having regard to Council Regulation No 142/                       No 651 /71 (6) of 29 March 1971 on certain detailed
67/EEC (4) of 21 June 1967 on export refunds on                   rules for the application of export refunds on oil seeds
colza, rape and sunflower seeds, as last amended by               provides that the amount of the refund must be calcu­
Regulation (EEC) No 2429/72 (5), and in particular the            lated on the basis of the weight of exported seeds ;
first sentence of Article 2 (3) thereof ;                         whereas this weight must be adjusted to take account
                                                                  of any differences between the percentages of mois­
                                                                  ture and impurities found to exist and those used to
Having regard to the Opinion of the Monetary                      define the standard quality for which the target price
Committee ;                                                       is fixed ; whereas, when this adjustment is being
                                                                  made, the weight of the exported seeds must be
                                                                  increased by the amount of the difference between the
Whereas Article 28 of Regulation No 136/66/EEC                    actual moisture and impurities content and that used
provides that a refund may be granted on exports to               to define the standard quality if the former is lower
third    countries   of oil    seeds  harvested   within the
                                                                  than the latter ; whereas, if the opposite applies, the
Community ; whereas the amount of this refund may                 weight of the exported seeds must be reduced by the
not exceed the difference between prices within the               same amount ;
Community and prices on the world market where
the former are higher than the latter ; whereas Article
21 of Regulation No 136/66/EEC provides that, at
present, Article 28 of that Regulation applies only to            Whereas the standard quality referred to above is
colza, rape and sunflower seeds ;                                 defined in Article 2 of Council Regulation (EEC) No
                                                                   11 22/74 (7) of 29 April 1974 fixing the target prices
                                                                  and basic intervention prices for oil seeds for the
Whereas Article 8 of Regulation No 162/66/EEC                      1974/ 1975 marketing year, as amended by Regulation
provides that Article 28 of Regulation No 136/                    (EEC) No 2496/74 (8);
66/EEC and measures taken in application thereof
apply, subject to the provisions of the Agreement esta­
blishing an Association between the European                      Whereas Article 2 of Regulation No 142/67/ EEC
Economic Community and Greece, to trade between                   provides that the refund may be varied according to
                                                                  destination where the world market situation or the
the Community and Greece ;
                                                                  specific requirements of certain markets make this
                                                                  necessary ;
(>) OJ   No 172, 30 . 9 . 1966, p. 3025/66.
(*) OJ   No L 175, 29. 6. 1973, p. 5.
(3) OJ   No 197, 29. 10 . 1966, p. 3393/66.                       (6) OJ No L 75, 30 . 3 . 1971 , p. 16 .
(4) OJ   No 125, 26. 6. 1967, p. 2461 /67.                        (7) OJ No L 128 , 10 . 5 . 1974, p. 8 .
b) OJ No L 264, 23. 11 . 1972, p. 1 .                             (») OJ No L 268 , 3 . 10 . 1974, p. 1 .
 ---pagebreak--- No L 294/54                       Official Journal of the European Communities                                       1 . 11 . 74
Whereas, if the refund system is to operate normally,             Whereas the measures provided for in this Regulation
refunds should be calculated on the following basis :             are in accordance with the Opinion of the Manage­
— in the case of currencies which are maintained in                ment Committee for Oils and Fats,
    relation to each other,, at any given moment,
    within a band of 2-25 % , a rate of exchange based
    on their effective parity ;                                    HAS ADOPTED THIS REGULATION :
— for other currencies an exchange rate based on the
    arithmetic mean of the spot market rates of each
                                                                                         Article 1
    of these currencies recorded for a given period, in
    relation to the Community currencies referred to
    in the previous subparagraph ;                                 The refunds on the products referred to in Article 21
                                                                   of Regulation No 136/66/ EEC, exported to third coun­
Whereas it follows from applying these rules and                   tries and Greece, are hereby fixed as shown in the
criteria to the present situation on the market in oil             Annex to this Regulation .
seeds, and in particular to quotations or prices for
these products within the Community and on the
markets of third countries and Greece, that the refund                                   Article 2
should be fixed at the amounts shown in the Annex
to this Regulation for those products for which the                This Regulation shall enter into force on 1 November
marketing year has already begun ;                                 1974.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States.
               Done at Brussels, 31 October 1974.
                                                                            For the Commission
                                                                              P.J. LARDINOIS
                                                                         Member of the Commission
                                                         ANNEX
                                Refund applicable to oil seeds from 1 November 1974
                                                                                                   (u.a . / 100 kg )
                CCT beading
                    No                              Description of goods                            Refund
              ex 12.01          Colza and rape seed, other than for sowing                            —
              ex 12.01          Sunflower seed, other than for sowing