CELEX: 31989R4013
Language: en
Date: 1989-12-30 00:00:00
Title: Commission Regulation (EEC) No 4013/89 of 29 December 1989 fixing the export refunds on oil seeds

No L 382/22                              Official Journal of the European Communities                               30 . 12 . 89
                                     COMMISSION REGULATION (EEC) No 4013/89
                                                     of 29 December 1989
                                           fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         1989/90 marketing year were fixed by Regulations (EEC)
                                                                    No 1 228/89 (10) and (EEC) No 1229/89 (");
Having regard to the Treaty establishing the European
Economic Community,
                                                                   Whereas Article 28 of Regulation No 136/66/EEC
                                                                   provides that a refund may be granted on exports to third
Having regard to the Act of Accession of Spain and                 countries of oil seeds harvested within the Community ;
Portugal,                                                          whereas the amount of this refund may not exceed the
                                                                   difference between prices within the Community and
                                                                    prices on the world market where the former are higher
Having regard to Council Regulation No 136/66/EEC of               than the latter ; whereas Article 21 of Regulation No
22 September 1966 on the establishment of a common                  136/66/EEC provides that, at present, Article 28 of that
organization of the market in oils and fats ('), as last           Regulation applies only to colza, rape and sunflower
amended by Regulation (EEC) No 2902/89 (2),                         seeds ;
Having regard to Council Regulation No 142/67/EEC of                whereas the refund for colza and rape seeds produced in
21 June 1967 on export refunds on colza, rape and                   Spain or Portugal is adjusted in accordance with Council
sunflower seeds (3), as last amended by the Act of Acces­           Regulation (EEC) No 478/86 (12) ;
sion of Greece, and in particular the first sentence of
Article 2 (3) thereof,
                                                                   Whereas Article 3 of Regulation No 142/67/EEC provides
Having regard to Council Regulation (EEC) No 1678/85                that when the refund is being calculated account must be
of 11 June 1985 fixing the conversion rates to be applied           taken of prices ruling on the various Community markets
in agriculture (4), as last amended by Regulation (EEC) No          which are representative from the point of view of proces­
3756/89 0,                                                          sing and exportation ; the most favourable quotations
                                                                    recorded on the various markets of importing third coun­
                                                                    tries and costs incurred in placing the goods on the world
Having regard to Council Regulation (EEC) No 1569/72                market ; whereas, when the amount of the refund is being
of 20 July 1972 laying down special measures for colza,             fixed, account must also be taken of the level of market
rape and sunflower seed (*), as last amended by Regulation          prices within the Community for the oil seeds referred to
(EEC) No 2216/88 (J), and in particular Article 2 (3)               in Article 21 of Regulation No 136/66/EEC and the
thereof,                                                            future trend of these prices ; whereas, furthermore,
                                                                    account should be taken of the economic aspect of the
                                                                    proposed exports and the situation in the Community
Having regard to Commission Regulation (EEC) No                     regarding the supply of and demand for these seeds ;
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
amended by Regulation (EEC) No 2662/87 (9), and in                  Whereas the abatement of the subsidy for colza and tape
particular Article 13 thereof,                                      seed which arises from the system -of maximum guaran­
                                                                    teed quantities for the 1989/90 marketing year has been
                                                                    fixed by Commission Regulation (EEC) No 2625/89 (13) ;
Having regard to the opinion of the Monetary Committee,
                                                                    Whereas Article 1 of Commission Regulation (EEC) No
Whereas, the target price and the monthly increases in              651 /71 of 29 March 1971 on certain detailed rules for the
the target price for colza, rape and sunflower seed for the         application of export refunds on oil seeds (14), as last
                                                                    amended by Regulation (EEC) No 1815/84 (15), provides
 ') OJ No   172, 30. 9. 1966, p. 3025/66.                           that the amount of the refund must be calculated on the
 2) OJ No  L 280, 29. 9. 1989, p. 2.
 3) OJ No   125, 26. 6. 1967, p. 2461 /67.
 <) OJ No  L 164, 24. 6. 1985, p. 11 .                              (10) OJ No  L  128 , 11 . 5. 1989, p. 20.
 s) OJ No  L 365, 15. 12. 1989, p. 7.                               (n)  OJ No  L  128 , 11 . 5. 1989, p. 22.
 ^  OJ No   L 167, 25. 7. 1972, p. 9.                               H    OJ No  L  53, 1 . 3. 1986, p. 55 .
 ^  OJ No  L 197, 26. 7. 1988, p. 10.                               (,3) OJ No  L  254, 31 . 8 . 1989, p. 9.
 8) OJ No   L 213, 11 . 8 . 1975, p. 1 .                            (>4) OJ No  L  75, 30 . 3. 1971 , p. 16.
 ») OJ No   L 252, 3 . 9 . 1987, p. 6.                              H    OJ No  L  170, 29 . 6 . 1984, p. 46.
 ---pagebreak--- 30. 12. 89                              Official Journal of the European Communities                              No L 382/23
basis of the weight of exported seeds ; whereas this weight       Whereas pursuant to Article 2(2) of Regulation (EEC) No
must be adjusted to take account of any differences               1569/72 forward differential amounts are to be deter­
between the percentages of moisture and impurities found          mined where the forward exchange rate for one or more
to exist and those used to define the standard quality for        currencies differs from the spot rate by at least a given
which the target price is fixed ; whereas, when this adjust­      percentage ; whereas this percentage has been fixed at 0,5
ment is being made, the weight of the exported seeds              by Regulation (EEC) No 1813/84 ;
must be increased by the amount of the difference
between the actual moisture and impurities content and
that used to define the standard quality if the former is         Whereas Regulation (EEC) No 1813/84 specifies the spot
lower than the latter ; whereas, if the opposite applies, the     and forward exchange rates and the period to be used for
weight of the exported seeds must be reduced by the               calculating the differential amounts ; whereas in cases
same amount :
                                                                  where, for one or more months, quotations of forward
                                                                  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 the standard quality referred to above was
defined in Article 2 of Council Regulation (EEC) No
1 102/84 (»);.                                                    Whereas it follows from applying these provisions to the
                                                                   current situation of the oil seeds market and to the rates
                                                                   or prices of these products that, pursuant to Article 4 of
Whereas Article 2 of Regulation No 142/67/EEC provides             Regulation (EEC) No 651 /71 , the amount of the refund in
that the refund may be varied according to destination             ecus and the amount of the final refund in each of the
where the world market situation or the specific require­          national currencies must, in the case of colza and rape
ments of certain markets make this necessary ;                     seed, be fixed in accordance with the Annex to this Regu­
                                                                   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
refund obtained from the conversion into each of the               Whereas Article 13 of Regulation (EEC) No 2041 /75
national currencies of the amount of the refund in ecus            makes provision for the period of validity of certificates
plus or minus the differential amount ; whereas Article 1          fixing refunds in advance to be reduced if the market
of Commission Regulation (EEC) No 1813/84 (2), as last             situation warrants ; whereas in the interests of sound
amended by Regulation (EEC) No 431 /89 (3), defined the            market management a reduction should be made ;
elements which determine the differential amounts ;
whereas these elements are equal to the incidence on the           Whereas the measures provided for in this Regulation are
target price reduced by 7,5 % or the refund of the coeffi­         in accordance with the opinion of the Management
cient derived from the percentage referred to in Article 2         Committee for Oils and Fats,
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according
to these provisions, this percentage represents :
 (a) for those Member States whose currencies are main­
     tained as between themselves within a spread at any
                                                                   HAS ADOPTED THIS REGULATION :
     given moment of 2,25 % , the difference between :
     — the conversion rate used under the common agri­
         cultural policy, and                                                                 Article 1
     — the conversion rate resulting from the central rate ;
(b) for the other Member States, the difference between :
                                                                   1 . In the case of colza and rape seed, the amounts of
                                                                   the refund referred to in Article 4 ( 1 ) of Regulation (EEC)
     — the relationship between the conversion rate used           No 651 /71 shall be as set out in the Annex hereto .
         under the common agricultural policy for the
         currency of the Member State concerned and the
         central rate of each of the currencies of the             2.    There shall be no refund on sunflower seed.
         Member States referred to in (a), and
     — the spot market rate for the currency of the                3.    Certificates fixing the export refund in advance shall
         Member State in question in relation to each of           be valid from their date of issue until the end of the fol­
         the currencies of the Member States referred to in        lowing month.
         (a), as recorded over a period to be determined ;
                                                                                              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 January 1990.
 ---pagebreak---   No L 382/24                           Official Journal of the European Communities                                 30 . 12. 89
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels, 29 December 1989.
                                                                           For the Commission
                                                                             Ray MAC SHARRY
                                                                       Member of the Commission
                                                           ANNEX
                   to the Commission Regulation of 29 December 1989 fixing the export refunds on oil
                                                              seeds
                                                                                                     (amounts per 100 kilograms)
                                               Current     1st period  2nd period   3rd period     4th period      5th period
                                                  1             2          3             4              5               6
1 . Gross refunds (ECU) :
    — Spain                                      21,000        21,278      —            —              —               —
    — Portugal                                   23,440        23,679      —            —              —   ■           —
    — other Member States                        20,000        20,278      —            —              —               —
2. Final refunds :                        \                                                     \
    Seeds harvested and exported from :
    —  Federal Republic of Germany (DM)          47,60         48,25       —            —              —               —
    —  Netherlands (Fl)                          52,76         53,49       —            —              —               —
    —  BLEU (Bfrs/Lfrs)                         965,74        979,16       —            —              —               —
    —  France (FF)                              151,07        153,21       —            —              —   .           —
    —  Denmark (Dkr)                            178,60        181,08       —            —              —               —
    —  Ireland (£ Irl)                           16,813        17,052      —            —              —               —
    —  United Kingdom (£)                        11,631        11,826      —            —              —               —
    —  Italy (Lit)                           32 487       32952            —            —              —               —
    —  Greece (Dr)                            2 971,74      3 004,49       —            —              —               —
    —  Spain (Pta)                            3 266,37      3 308,88       —            —               —              —
    —  Portugal (Esc)                         4 320,40      4 356,34       —   ■        —               —              —