CELEX: 31989R2938
Language: en
Date: 1989-09-30 00:00:00
Title: Commission Regulation (EEC) No 2938/89 of 29 September 1989 fixing the export refunds on oil seeds

30. 9 . 89                             Official Journal of the European Communities                           No L 281 /41
                                   COMMISSION REGULATION (EEC) No 2938/89
                                                   of 29 September 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
Having regard to the Treaty establishing the European            countries of oil seeds harvested within the Community ;
Economic Community,                                              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 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 1225/89 (2),
                                                                 whereas the refund for colza and rape seeds produced in
Having regard to Regulation No 142/67/EEC of the                 Spain or Portugal is adjusted in accordance with Council
Council of 21 June 1967 on export refunds on colza, rape         Regulation (EEC) No 478/86 (u) ;
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
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
2908/89 0,                                                       sing and exportation ; the most favourable quotations
                                                                 recorded on the various markets of importing third coun­
Having regard to Regulation (EEC) No 1569/72 of the              tries and costs incurred in placing the goods on the world
Council of 20 July 1972 laying down special measures for         market ; whereas, when the amount of the refund is being
                                                                 fixed, account must also be taken of the level of market
colza, rape and sunflower seed (% as last amended by
Regulation (EEC) No 2216/88 f), and in particular Article        prices within the Community for the oil seeds referred to
2 (3) 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 Regulation (EEC) No 2041 /75 of the             proposed exports and the situation in the Community
Commission of 25 July 1975 on special detailed rules for         regarding the supply of and demand for these seeds ;
the application of the system of import and export
licences and advance fixing certificates for oils and fats (*),
as last amended by Regulation (EEC) No 2662/87 ('), and
in particular Article 13 thereof,
                                                                 Whereas the abatement of the subsidy for colza and tape
                                                                 seed which arises from the system of maximum guaran­
Having regard to the opinion of the Monetary Committee,           teed quantities for the 1989/90 marketing year has been
                                                                 fixed by Commission Regulation (EEC) No 2625/89 (13) ;
Whereas, the target price and the monthly increases in
the target price for colza, rape and sunflower seed for the
 1989/90 marketing year were fixed by Regulations (EEC)
NO 1228/89 (10) and (EEC) No 1229/89 (");
                                                                 Whereas Article 1 of Regulation (EEC) No 651 /71 of the
                                                                  Commission of 29 March 1971 on certain detailed rules
(') OJ No 172, 30. 9. 1966, p. 3025/66.                           for the application of export refunds on oil seeds (M), as
0 OJ No L 128, 11 . 5. 1989, p. 15.                               last amended by Regulation (EEC) No 1 81 5/84 (1S),
fa OJ No 125, 26. 6. 1967, p. 2461/67.
(4) OJ No L 164, 24. 6. 1985, p. 11 .                             provides that the amount of the refund must be calculated
0 OJ No L 280, 29. 9. 1989, p. 11 .                               on the basis of the weight of exported seeds ; whereas this
(«) OJ No L 167, 25. 7. 1972, p. 9.
0 OJ No L 197, 26. 7. 1988, p. 10.
(«) OJ No L 213, 11 . 8. 1975, p. 1 .                             (lI) OJ No L 53, 1 . 3. 1986, p. 55.
0 OJ No L 252, 3. 9. 1987, p. 6.                                  H OJ No L 254, 31 . 8. 1989, p. 9.
(10) OJ No L 128, 11 . 5. 1989, p. 20.
(») OJ No L 128, 11 . 5. 1989, p. 22.                             ROJ  OJ No
                                                                          No LL 75,
                                                                                170,30.
                                                                                     29. 3.6. 1971,
                                                                                               1984,p.p. 16.
                                                                                                          46.
 ---pagebreak--- No L 281 /42                            Official Journal of the European Communities                                  30 . 9. 89
weight must be adjusted to take account of any diffe­             Whereas pursuant to Article 2 (2) of Regulation (EEC) No
rences between the percentages of moisture and impur­              1 569/72 forward differential amounts are to be deter­
ities found to exist and those used to define the standard        mined where the forward exchange rate for one or more
quality for which the target price is fixed ; whereas, when       currencies differs from the spot rate by at least a given
this adjustment is being made, the weight of the exported         percentage ; whereas this percentage has been fixed at 0,5
seeds must be increased by the amount of the difference           by Regulation (EEC) No 1813/84 ;
between the actual moisture and impurities content and
that used to define the standard quality if the former is
lower than the latter ; whereas, if the opposite applies, the     Whereas Regulation (EEC) No 1813/84 specifies the spot
weight of the exported seeds must be reduced by the               and forward exchange rates and the period to be used for
same amount ;                                                     calculating the differential amounts ; whereas 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 months, as the case may
Whereas the standard quality referred to above was                be, must be used ;
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
Whereas Article 2 of Regulation No 142/67/EEC provides            or prices of these products that, pursuant to Article 4 of
that the refund may be varied according to destination            Regulation (EEC) No 651 /71 , the amount of the refund in
where the world market situation or the specific require­         ecus and the amount of the final refund in each of the
ments of certain markets make this necessary ;                    national currencies must, in the case of colza and rape
                                                                  seed, be fixed in accordance with the Annex to this Regu­
                                                                   lation ; whereas it is not necessary to fix a refund for
Whereas Article 4 of Regulation (EEC) No 651 /71                  sunflower seed ;
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
target price reduced by 7,5 % or the refund of the coeffi­        Whereas the measures provided for in this Regulation are
cient derived from the percentage referred to in Article 2         in accordance with the opinion of the Management
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according           Committee for Oils , and Fats,
to these provisions, this percentage represents :
(a) for those Member States whose currencies are main­
     tained as between themselves within a spread at any
     given moment of 2,25 % , the difference between :             HAS ADOPTED THIS REGULATION :
     — 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 .
(3) OJ No L 50, 22. 2. 1989, p. 7.                                 This Regulation shall enter into force on 1 October 1989.
 ---pagebreak---  30. 9. 89                              Official Journal of the European Communities                           No L 281 /43
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at Brussels, 29 September 1989.
                                                                            For the Commission
                                                                              Ray MAC SHARRY
                                                                        Member of the Commission
                                                           ANNEX
                 to the Commission Regulation of 29 September 1989 fixing 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) :
    — Spain                                       21,440       21,718       —          ! —             —              —
    — Portugal                                    19,000       19,000       —            —             —              —
    — other Member States                         18,000       18,278       —            —             —              —
2. Final refunds :
    Seeds harvested and exported from :                               I            \
    —  Federal Republic of Germany (DM)           43,01        43,67        —            —             —              —
    —  Netherlands (Fl)                           47,48        48,21        —            —             —              —
    —  BLEU (Bfrs/Lfrs)                          869,16       882,59       —             —             —              —
    —  France (FF)                               134,62       136,76        —            —             —              —
    —  Denmark (Dkr)                             160,74       163,22       —             —             —              —
    —  Ireland (£ Irl)                            14,983       15,221       —            —             —              —
    —  United Kingdom (£)                         11,212       11,407       —            —             —              —
    —  Italy (Lit)                           30 273       30 738           —             —             —              —
    —  Greece (Dr)                             2 674,96     2 693,91        —            —             —              —
    —  Spain (Pta)                             3 427,36    3 469,87         —            —             —              —
    —  Portugal (Esc)                          3 596,44    3 596,44        —    ■        —             —              —