CELEX: 31989R0244
Language: en
Date: 1989-02-01 00:00:00
Title: Commission Regulation (EEC) No 244/89 of 31 January 1989 fixing the export refunds on oil seeds

1 . 2. 89                                Official Journal of the European Communities                            No L 30/ 17
                                        COMMISSION REGULATION (EEC) No 244/89
                                                        of 31 January 1989
                                            fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         Whereas, in order to determine the amount of the aid,
                                                                    account should be taken among the calculation factors of
Having regard to the Treaty establishing the European               the latest Commission proposals to the Council on prices
                                                                    and related measures :
Economic Community,
Having regard to the Act of Accession of Spain and
Portugal,                                                           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 136/66/EEC of                whereas the amount of this refund may not exceed the
22 September 1966 on the establishment of a common                  difference between prices within the Community and
organization of the market in oils and fats ('), as last            prices on the world market where the former are higher
amended by Regulation (EEC) No 2210/88 (a),                         than the latter ; whereas Article 21 of Regulation No
                                                                    136/66/EEC provides that, at present, Article 28 of that
Having regard to Council Regulation No 142/67/EEC of                Regulation applies only to colza, tape and sunflower
21 June 1967 on export refunds on colza, rape and                   seeds ;
sunflower seeds (3), as last amended by the Act of Acces­
sion of Greece (4), and in particular the first sentence of
Article 2 (3) thereof,                                              Whereas the refund for colza and rape seeds produced in
                                                                    Spain or Portugal is adjusted in accordance with Council
Having regard to Council Regulation (EEC) No 1678/85                Regulation (EEC) No 478/86 (l3);
of 11 June 1985 fixing the conversion rates to be applied
in agriculture (*), as last amended by Regulation (EEC) No
4136/88 («),                                                        Whereas Article 3 of Regulation No 142/67/EEC provides
                                                                    that when the refund is being calculated account must be
Having regard to Council Regulation (EEC) No 1569/72                taken of prices ruling on the various Community markets
of 20 July 1972 laying down special measures for colza,             which are representative from the point of view of proces­
rape and sunflower seed Q, as last amended by Regulation            sing and exportation ; the most favourable quotations
(EEC) No 2216/88 (8), and in particular Article 2 (3)               recorded on the various markets of importing third coun­
thereof,                                                            tries and costs incurred in placing the goods on the world
                                                                    market ; whereas, when the amount of the refund is being
                                                                    fixed, account must also be taken of the level of market
Having regard to Commission Regulation (EEC) No                     prices within the Community for the oil seeds referred to
2041 /75 of 25 July 1975 on special detailed rules for the          in Article 21 of Regulation No 136/66/EEC and the
application of the system of import and export licences             future trend of these prices ; whereas, furthermore,
and advance fixing certificates for oils and fats (9), as last      account should be taken of the economic aspect of the
amended by Regulation (EEC) No 2662/87 (10), and in                 proposed exports and the situation in the Community
particular Article 13 thereof,                                      regarding the supply of and demand for these seeds ;
Having regard to the opinion of the Monetary Committee,
                                                                    Whereas the abatement of the subsidy for colza and tape
Whereas the target price and the monthly increases in the           seed which arises from the system of maximum guaran­
target price for colza, rape and sunflower seed for the             teed quantities for the 1988/89 marketing year has been
 1988/89 marketing year were fixed by Council Regula­               fixed by Commission Regulation (EEC) No 2761 /88 (l4) ;
tions (EEC) No 2213/88 (») and (EEC) No 2214/88 (u) ;
(') OJ No 172, 30. 9. 1966, p. 3025/66.                             Whereas Article 1 of Commission Regulation (EEC) No
O OJ No L 197, 26. 7. 1988, p. 1 .                                  651 /71 of 29 March 1971 on certain detailed rules for the
0 OJ No 125, 26. 6. 1967, p. 2461 /67.                              application of export refunds on oil seeds (,5) as last
0 OJ No L 291 , 19. 11 . 1979, p. 17.
0 OJ No L 164, 24. 6. 1985, p. 11 .                                 amended by Regulation (EEC) No 1815/84 (16) provides
(Ó OJ No L 362, 30. 12. 1988, p. 13.                                that the amount of the refund must be calculated on the
f) OJ No L 167, 25. 7.      1972, p. 9.
(8) OJ No L 197, 26. 7.     1988, p.  10.
0 OJ No L 213, 11 . 8.      1975, p. 1.                             (13) OJ No  L  53, 1 . 3. 1986, p. 55.
(10) OJ No L 252, 3. 9.     1987, p. 6.                             H    OJ No  L  247, 6. 9. 1988 , p. 7.
(") OJ No L 197, 26. 7. 1988, p. 6.                                 H    OJ No  L  75, 30. 3. 1971 , p. 16.
M OJ No L 197, 26. 7. 1988, p. 8.                                   H    OJ No  L  170, 29. 6. 1984, p. 46.
 ---pagebreak---  No L -30/ 18                            Official Journal of the European Communities                                    1 . 2. 89
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
11 02/84 (■);                                                      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             ECU 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            Whereas Article 13 of Regulation (EEC) No 2041 /75
refund obtained from the conversion into each of the
                                                                   makes provision for the period of validity of certificates
national currencies of the amount of the refund in ECU
                                                                   fixing refunds in advance to be reduced if the market
plus or minus the differential amount ; whereas Article 1          situation warrants ; whereas in the interests of sound
of Commission Regulation (EEC) No 1813/84 (2), as last             market management a reduction should be made ;
amended by Regulation (EEC) No 2138/87 (3), defined the
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             HAS ADOPTED THIS REGULATION :
      tained as between themselves within a spread at any
      given moment of 2,25 % , the difference between :
      — the conversion rate used under the common agri­                                       Article 1
          cultural policy, and
      — the conversion rate resulting from the central rate,
                                                                    1 . In the case of colza and rape seed, the amounts of
(b) for the other Member States, the difference between :           the refund referred to in Article 4 (1 ) of Regulation (EEC)
                                                                    No 651 /71 shall be as set out in the Annex hereto.
      — the relationship between the conversion rate used
          under the common agricultural policy for the              2.    There shall be no refund on sunflower seed.
          currency of the Member State concerned and the
          central rate of each of the currencies of the
          Member States referred to in (a), and                     3.    Certificates fixing the export refund in advance shall
                                                                    be valid from their date of issue until the end of the follo­
      — the spot market rate for the currency of the                wing month.
          Member State in question in relation to each of
          the currencies of the Member States referred to in
          (a), as recorded over a period to be determined ;
                                                                                               Article 2
  (>) OJ No L 113, 28. 4. 1984, p. 8.
  h OJ No L 170, 29. 6. 1984, p. 41 .
  (3) OJ No L 200, 21 . 7. 1987, p. 9.                               This Regulation shall enter into force on 1 February 1989.
 ---pagebreak---    1 . 2. 89                              Official Journal of the European Communities                             No L 30/ 19
                      This Regulation shall be binding in its entirety and directly applicable in all Member
                      States.
                      Done at Brussels, 31 January 1989.
                                                                              For the Commission               /
                                                                                Ray MAC SHARRY
                                                                          Member of the Commission
                                                             ANNEX
                    to the Commission Regulation of 31 January 1989 fixing the export refunds on oil seeds
                                                                                                      (amounts per 100 kilograms)
                                                 Current     1st period   2nd period   3rd périod   4th period      5th period
                                                    2             3           4             5             6             7
1 . Gross refunds (ECU):                                  I             I            I
      — Spain                                      16,280        16,598       —            —            ' —             —
      — Portugal                                   20,440        20,758       — ,          —              —             —
      — other Member States                        17,000        17318        —            —              —             —
2. Final refunds :                          I             l             l                         1
      Seeds harvested and exported from :   I             l             l            I            \                            1
      — Federal Republic of Germany (DM)           40,59         41,34        —            —              —             —
      — Netherlands (Fl)                           45,21         46,05        —            —              —             —
      — BLEU (Bfrs/Lfrs)                          820,88        836,23        —            —              —             —
      — France (FF)                               122,85        125,26        —            —              —             —
      — Denmark (Dkr)                             148,30        151,11        —            —              —             —
      — Ireland (£ Irl)                            13,661        13,929       —            —              —             —
      — United Kingdom (£)                         10,667        10,882       —            —              —             —
      — Italy (Lit)                            26 048       26 568            —            —              —             —
      — Greece (Dr)                             1 820,11      1 864,98        —            —              —             —
      — Spain (Pta)                             2 723,58      2 772,62        —            —              —             —
      — Portugal (Esc)                          3 759,86      3 819,65        —            —              —             —