CELEX: 31985R3039
Language: en
Date: 1985-11-01 00:00:00
Title: Commission Regulation (EEC) No 3039/85 of 31 October 1985 fixing the export refunds on oil seeds

No L 290/26                             Official Journal of the European Communities                             1 . 11 . 85
                                  COMMISSION REGULATION (EEC) No 3039/85
                                                      of 31 October 1985
                                          fixing the export refunds 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
Having regard to the Treaty establishing the European             Community markets which are representative from the
Economic Community,                                               point of view of processing and exportation ; the most
                                                                  favourable quotations recorded on the various markets
Having regard to Council Regulation No 136/66/EEC                 of importing third countries and costs incurred in
of 22 September 1966 on the establishment of a                    placing the goods on the world market ; whereas,
common organization of the market in oils and fats ('),           when the amount of the refund is being fixed, account
as last amended by Regulation (EEC) No 231 /85 (2),               must also be taken of the level of market prices within
                                                                  the Community for the oil seeds referred to in Article
Having regard to Council Regulation No 142/67/EEC                 21 of Regulation No 136/66/EEC and the future trend
of 21 June 1967 on export refunds on colza, rape and              of these prices ; whereas, furthermore, account should
sunflower seeds (3), as last amended by Regulation                be taken of the economic aspect of the proposed
(EEC) No 2429/72 (4), and in particular the first                 exports and the situation in the Community regarding
sentence of Article 2 (3) thereof,                                the supply of and demand for these seeds ;
Having regard to Council Regulation (EEC) No
1223/83 of 20 May 1983 on the exchange rates to be                Whereas, in the absence of the target price for the
applied in agriculture (*), as last amended by Regula­            1985/86 marketing year for colza and rape seed and in
tion (EEC) No 1297/85 (%                                          the absence of the amount of the monthly increase for
                                                                  December 1985, January, February, March and April
Having regard to Council Regulation (EEC) No                      1986 for colza and rape seed, the amount of the
1569/72 of 20 July 1972 laying down special measures              refunds in the case of advance fixing for November,
for colza, rape and sunflower seed Q, as last amended             December 1985, January, February, March and April
by Regulation (EEC) No 1474/84 (8), and in particular             1986 for colza and rape seed has been obtainable only
Article 2 (3) thereof,                                            provisionally on the basis of the target price and the
                                                                  monthly increase proposed by the Commission to the
Having regard to the opinion of the Monetary                      Council for the marketing year 1985/86 ; whereas this
Committee,                                                        amount may, therefore, be applied on a temporary
                                                                  basis and should be confirmed or replaced when the
Whereas the target price and the monthly increases in             indicative price of the 1985/86 marketing year is
the target price for sunflower seed for the 1985/86               known :
marketing year were fixed by Regulations (EEC) No
1489/85 (9) and (EEC) No 1490/85 (,0) ;
                                                                  Whereas Article 1 of Commission Regulation (EEC)
Whereas Article 28 of Regulation No 136/66/EEC                    No 651 /71 of 29 March 1971 on certain detailed rules
provides that a refund may be granted on exports to               for the application of export refunds on oil seeds ("), as
third countries of oil seeds harvested within the
                                                                  last amended by Regulation (EEC) No 1815/84 (12),
Community ; whereas the amount of this refund may                 provides that the amount of the refund must be calcu­
not exceed the difference between prices within the               lated on the basis of the weight of exported seeds ;
Community and prices on the world market where the                whereas this weight must be adjusted to take account
former are higher than the latter ; whereas Article 21            of any differences between the percentages of moisture
of Regulation No 136/66/EEC provides that, at                     and impurities found to exist and those used to define
present, Article 28 of that Regulation applies only to            the standard quality for which the target price is fixed ;
colza, rape and sunflower seeds ;                                 whereas, when this adjustment is being made, the
                                                                  weight of the exported seeds must be increased by the
 ') OJ No 172, 30. 9. 1966, p. 3025/66.                           amount of the difference between the actual moisture
 2) OJ No L 26, 31 . 1 . 1985, p. 12.                             and impurities content and that used to define the
 3) OJ No 125, 26. 6. 1967, p. 2461 /67.        ^                 standard quality if the former is lower than the latter ;
 4) OJ No L 264, 23 . 11 . 1972, p. 1 .
 j OJ No L 132, 21 . 5. 1983, p. 33.                              whereas, if the opposite applies, the weight of the
 ') OJ No L   137, 27. 5.   1985, p. 1 .                          exported seeds must be reduced by the same amount ;
 T) OJ No L   167, 25 . 7.  1972, p . 9 .
 8) OJ No L   143, 30. 5.   1984, p. 4.
 9) OJ No L   151 , 10. 6.  1985, p. 13 .                         (") OJ No L 75, 30. 3 . 1971 , p. 16.
 10) OJ No L   151 , 10. 6.  1985, p. 14.                         (12) OJ No L 170, 29. 6. 1984, p. 46.
 ---pagebreak---   1 . 11 . 85                          Official Journal of the European Communities                          No L 290/27
< Whereas the standard quality referred to above was             Whereas pursuant to Article 2 (2) of Regulation (EEC)
  defined in Article 2 of Council Regulation (EEC) No            No 1569/72 forward differential amounts are to be
  1 102/84 (');                                                  determined where the forward exchange rate for one
                                                                 or more currencies differs from the spot rate by at least
                                                                 a given percentage ; whereas this percentage has been
  Whereas Article 2 of Regulation No 142/67/EEC                  fixed at 0,5 by Regulation (EEC) No 1813/84 ;
  provides that the refund may be varied according to
  destination where the world market situation or the
  specific requirements of certain markets make this             Whereas Regulation (EEC) No 1813/84 specifies the
  necessary ;
                                                                 spot and forward exchange rates and the period to be
                                                                 used for calculating the differential amounts ; whereas
                                                                 in cases where, for one or more months, quotations of
  Whereas Article 4 of Regulation (EEC) No 651 /71               forward exchange rates are not available, the rates
  provides for the publication of the amount of the final        adopted for the previous months or the following
  refund obtained from the conversion into each of the           months, as the case may be, must be used ;
  national currencies of the amount of the refund in
  ECU plus or minus the differential amount ; whereas            Whereas it follows from applying these provisions to
  Article 1 of Regulation (EEC) No 1813/84 (2) defined           the current situation of the oil-seeds market and to the
  the     elements     which   determine    the   differential
                                                                 rates or prices of these products that, pursuant to
  amounts ; whereas these elements are equal to the              Article 4 of Regulation (EEC) No 651 /71 , the amount
  incidence on the target price or the refund of the coef­       of the refund in ECU and the amount of the final
  ficient derived from the percentage referred to in             refund in each of the national currencies must, in the
  Article 2 ( 1 ) of Regulation (EEC) No 1569/72 ;               case of colza and rape seed, be fixed in accordance
  whereas, according to these provisions, this percentage        with the Annex to this Regulation ; whereas it is not
  represents :                                                   necessary to fix a refund for sunflower seed ;
  (a) for those Member States whose currencies are
       maintained as between themselves within a spread          Whereas the measures provided for in this Regulation
       at any given moment of 2,25 % , the difference            are in accordance with the opinion of the Management
                                                                 Committee for Oils and Fats,
       between :
       — the conversion rate used under the common
            agricultural policy, and
                                                                 HAS ADOPTED THIS REGULATION :
       — the conversion rate resulting from the central
            rate,
  (b) for Italy, the United Kingdom and Greece, the                                      Article 1
       difference between :
       — the relationship between the conversion rate
            used under the common agricultural policy for        In the case of colza and rape seed, the amounts of the
            the currency of the Member State concerned           refund referred to in Article 4 ( 1 ) of Regulation (EEC)
            and the central rate of each of the currencies of    No 651 /71 shall be as set out in the Annex hereto.
            the Member States referred to in (a), and
                                                                 The amount of the refunds in the case of advance
       — the spot market rate for the currency of the            fixing for November, December 1985, January,
            Member State in question in relation to each of      February, March and April 1986 for colza and rape
            the currencies of the Member States referred to
                                                                 seed will, however, be confirmed or replaced as from 1
            in (a), as recorded over a period to be deter­       November 1985 to take into account the indicative
            mined ;
                                                                 price which is fixed for these products for the 1985/86
                                                                 marketing year, and the amount of the monthly
  Whereas, however, pursuant to Article 2a of Regula­            increase for December 1985, January, February, March
  tion (EEC) No 1569/72, the monetary disparity for the          and April 1986 for colza and rape seed.
  marketing years 1984/85 to 1986/87 will be calculated
  by a method which takes into account a coefficient             No refund is fixed for sunflower seed.
  applied to the conversion rate resulting from the
  central rate ; whereas Regulation (EEC) No 2679/85 (3)
_ fixed the coefficient ;
                                                                                         Article 2
  (') OJ No L 113, 28 . 4. 1984, p. 8 .
  (2) OJ No L 170, 29 . 6. 1984, p. 41 .                         This Regulation shall enter into force on 1 November
   3) OJ No L 254, 25. 9 . 1985, p. 14.                           1985 .
 ---pagebreak---           No L 290/28                         Official Journal of the European Communities                                          1 . 11 . 85
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States .
                         Done at Brussels, 31 October 1985.
                                                                                         For the Commission
                                                                                          Frans ANDRIESSEN
                                                                                             Vice-President
                                                                     ANNEX
                        to the Commission Regulation of 31 October 1985 fixing the export refunds on colza
                                                                 and rape seed
                                                                                                                         (amounts per 100 kilograms)
I                                                  Current
                                                    month
                                                                  1st month        2nd month        3rd month        4th month           5th month
 1 . Gross refunds (ECU)                            23,000 (')       23,520 (')       24,040 0         24,560 (')       25,080 (')          25,600 (')
2. Final refunds                                                                                                                    l
     Seeds harvested and exported from :      \                                  I                                                  l
     —  Federal Republic of Germany (DM)            56,55 (')        57,79 (')        59,06 0          60,45 (')        61,69 (')           63,42 (')
     —  Netherlands (Fl)                            63,72 (')        65,12 (■)       66,52 (')         68,08 (')        69,48 (')           71,36 (■)
     —  BLEU (Bfrs/Lfrs)                        1 067,47 (')     1 091,61 (')     1 115,74 (')     1 138,90 (')     1 163,03 (')        1 179,85 (')
     —  France (FF)                                158,40 (')      162,04 (')       165,30 (')        168,23 (')       171,87 (')          175,52 (»)
     —  Denmark (Dkr)                              193,54 (')      197,92 (')       202,30 (')       206,67 (')       211,05 (l)          214,90 (')
     —  Ireland (£ Irl)                             17,253 (')       1 7,643 (')      18,029 (')       1 8,374 (')      1 8,764 (')         1 9,044 (')
     —  United Kingdom (£)                          1 4,205 (')      14,526 (■)       14,848 (')       15,170 (')       15,491 (')          15,645 (')
     —  Italy (Lit)                            32 179       (') 32 947       (■) 33 522      (')  34 105       (') 34 875       (')   35 425        (')
     —  Greece (Dr)                             1 516,87 (')     1 570,09 (')     1 623,30 (')     1 676,52 (')     1 729,74 (')        1 782,96 (')
(') On the basis of the Commission s last proposal concerning the indicative price and subject to confirmation by the Council s decision.