CELEX: 31988R2706
Language: en
Date: 1988-09-01 00:00:00
Title: Commission Regulation (EEC) No 2706/88 of 31 August 1988 fixing the export refunds on oil seeds

No L 241 /44                               Official Journal of the European Communities                                 1 . 9 . 88
                                      COMMISSION REGULATION (EEC) No 2706/88
                                                         of 31 August 1988
                                             fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          the latest Commission proposals to the Council on prices
                                                                     and related measures :
Having regard to the Treaty establishing the European
Economic Community,
                                                                     Whereas Article 28 of Regulation No 136/66/EEC
Having regard to the Act of Accession of Spain and                   provides that a refund may be granted on exports to third
Portugal,                                                            countries of oil seeds harvested within the Community ;
                                                                     whereas the amount of this refund may not exceed the
Having regard to Council Regulation No 136/66/EEC of                 difference between prices within the Community and
22 September 1966 on the establishment of a common                   prices on the world market where the former are higher
organization of the market in oils and fats (!), as last             than the latter ; whereas Article 21 of Regulation No
amended by Regulation (EEC) No 2210/88 (2),                          136/66/EEC provides that, at present, Article 28 of that
                                                                     Regulation applies only to colza, rape and sunflower
Having regard to Council Regulation No 142/67/EEC of                 seeds :
21 June 1967 on export refunds on colza, rape and
sunflower seeds (3), as last amended by the Act of Acces­
sion of Greece (4), and in particular the first sentence of          Whereas the refund for colza and rape seeds produced in
Article 2 (3) thereof,                                               Spain or Portugal is adjusted in accordance with Council
                                                                     Regulation (EEC) No 478/86 (13) ;
Having regard to Council Regulation (EEC) No 1678/85
of 11 June 1985 fixing the conversion rates to be applied
in agriculture (*), as last amended by Regulation (EEC) No
2185/88 (6),                                                         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
2041 /75 of 25 July 1975 on special detailed rules for the           prices within the Community for the oil seeds referred to
application of the system of import and export licences              in Article 21 of Regulation No 136/66/EEC and the
and advance fixing certificates for oils and fats (9), as last       future trend of these prices ; whereas, furthermore,
amended by Regulation (EEC) No 2662/87 (10), and in                  account should be taken of the economic aspect of the
particular Article 13 thereof,                                       proposed exports and the situation in the Community
                                                                     regarding the supply of and demand for these seeds ;
Having regard to the opinion of the Monetary Committee,
Whereas the target price and the monthly increases in the            Whereas the abatement of the subsidy which arises, where
target price for colza, rape and sunflower seed for the              appropriate, from the system of maximum guaranteed
1988/89 marketing year were fixed by Council Regula­                 quantities for the 1988/89 marketing year, has not, to
tions (EEC) No 2213/88 (") and (EEC) No 2214/88 (l2) ;               date, been fixed ; whereas the amount of the refund for
                                                                     the 1988/89 marketing year has been provisionally calcu­
Whereas, in order to determine the amount of the aid,                lated On the basis of an abatement of 4,502 ECU per 100
account should be taken among the calculation factors of             kg for colza and rape seed ;
 ') OJ No  172, 30. 9.   1966, p. 3025/66.
 2) OJ No  L 197, 26.    7. 1988, p. 1 .                             Whereas Article 1 of Commission Regulation (EEC) No
 3) OJ No  125, 26. 6.   1967, p. 2461 /67.                           651 /71 of 29 March 1971 on certain detailed rules for the
 4) OJ No  L 291 , 19.   11 . 1979, p. 17.                           application of export refunds on oil seeds (H) as last
 Ó OJ No L 164, 24. 6. 1985, p. 11 .
 6) OJ No L 195, 23. 7. 1988, p. 1 .                                 amended by Regulation (EEC) No 181 5/84 (15) provides
 0 OJ No L 167, 25. 7. 1972, p. 9.                                    that the amount of the refund must be calculated on the
 8) OJ No L 197, 26. 7. 1988, p. 10.
 9) OJ No L 213, 11 . 8 . 1975, p. 1 .
 ,0) OJ No L 252, 3. 9. 1987, p. 6.                                  (13) OJ No L 53, 1 . 3. 1986, p. 55.
 ") OJ No L 197, 26. 7. 1988, p. 6.                                  H OJ No L 75, 30. 3. 1971 , p. 16.
 ,2) OJ No L 197, 26. 7. 1988, p. 8 .                                H OJ No L 170, 29. 6. 1984, p. 46.
 ---pagebreak---  1 . 9 . 88                               Official Journal of the European Communities                              No L 241 /45
basis of the weight of exported seeds ; whereas this weight         mined where the forward exchange rate for one or more
must be adjusted to take account of any differences                 currencies differs from the spot rate by at least a given
between the percentages of moisture and impurities found            percentage ; whereas this percentage has been fixed at 0,5
to exist and those used to define the standard quality for          by Regulation (EEC) No 1813/84 ;
which the target price is fixed ; whereas, when this adjust­
ment is being made, the weight of the exported seeds                Whereas Regulation (EEC) No 1813/84 specifies the spot
must be increased by the amount of the difference                   and forward exchange rates and the period to be used for
between the actual moisture and impurities content and              calculating the differential amounts^; whereas in cases
that used to define the standard quality if the former is           where, for one or more months, quotations of forward
lower than the latter ; whereas, if the opposite applies, the       exchange rates are not available, the rates adopted for the
weight of the exported seeds must be reduced by the                 previous months or the following months, as the case may
same amount ;                                                       be, must be used ;
Whereas the standard quality referred to above was                  Whereas it follows from applying these provisions to the
defined in Article 2 of Council Regulation (EEC) No                 current situation of the oil-seeds market and to the rates
 1102/84 (');                                                       or prices of these products that, pursuant to Article 4 of
                                                                    Regulation (EEC) No 651 /71 , the amount of the refund in
                                                                    ECU and the amount of the final refund in each of the
Whereas Article 2 of Regulation No 142/67/EEC provides
that the refund may be varied according to destination              national currencies must, in the case of c^>lza and rape
                                                                    seed, be fixed in accordance with the Annex to this Regu­
where the world market situation or the specific require­           lation ; whereas it is not necessary to fix a refund for
ments of certain markets make this necessary ;                      sunflower seed ;
Whereas Article 4 of Regulation (EEC) No 651 /71                    Whereas Article 13 of Regulation (EEC) No 2041 /75
provides for the publication of the amount of the final             makes provision for the period of validity of certificates
refund obtained from the conversion into each of the                fixing refunds in advance to be reduced if the market
national currencies of the amount of the refund in ECU              situation warrants ; whereas in the interests of sound
plus or minus the differential amount ; whereas Article 1           market management a reduction should be made ;
of Commission Regulation (EEC) No 1813/84 (2), as last
amended by Regulation (EEC) No 2138/87 (3), defined the             Whereas the measures provided for in this Regulation are
elements which determine the differential amounts ;                 in accordance with the opinion of the Management
whereas these elements are equal to the incidence on the            Committee for Oils and Fats,
target price reduced by 7,5 % or the refund of the coeffi­
cient derived from the percentage referred to in Article 2
( 1 ) of Regulation (EEC) No 1569/72 ; whereas, according
to these provisions, this percentage represents :
                                                                    HAS ADOPTED THIS REGULATION :
(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 :                                         Article 1
      — the conversion rate used under the common agri­
          cultural policy, and                                      1.     In the case of colza and rape seed, the amounts of
      — the conversion rate resulting from the central rate,        the refund referred to in Article 4 ( 1 ) of Regulation (EEC)
                                                                    No 651 /71 shall be as set out in the Annex hereto.
(b) for the other Member States, the difference between :
                                                                    2.     There shall be no refund on sunflower seed.
      — the relationship between the conversion rate used
          under the common agricultural policy for the              3.     Certificates fixing the export refund in advance shall
          currency of the Member State concerned and the            be valid from their date of issue until the end of the follo­
          central rate of each of the currencies of the
                                                                    wing month .
          Member States referred to in (a), and
      — the spot market rate for the currency of the                4. However, the amount of the export refund for colza
          Member State in question in relation to each of           and rape seeds shall be confirmed or replaced with effect
          the currencies of the Member States referred to in        from 1 September 1988 to take account, wjiere applicable,
          (a), as recorded over a period to be determined ;         of the consequences of the application of the maximum
                                                                    garanteed quantities system.
Whereas pursuant to Article 2 (2) of Regulation (EEC) No
 1569/72 forward differential amounts are to be deter­
                                                                                                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 September
(3) OJ No L 200, 21 . 7. 1987, p. 9.                                1988 .
 ---pagebreak---  No L 241 /46                                 Official Journal of the European Communities                                         1 . 9 . 88
                      This Regulation shall be binding in its entirety and directly applicable in all Member
                      States.
                      Done at Brussels, 31 August 1988 .
                                                                                        For the Commission
                                                                                         Frans ANDRIESSEN
                                                                                             Vice-President
                                                                      ANNEX
                     to the Commission Regulation of 1 September 1988 fixing the export refunds on colza
                                                                  and rape seed
                                                                                                                 (amounts per 100 kilograms)
                                                      Current        1 st period    2nd period     3rd period  4th period      5th period
                                                    .    9 (')           10 o           11             12           1               2
1 . Gross refunds (ECU) :                                                       .
    — Spain                                               10,342          10,342        —              —           —               —
    — Portugal                                            14,502          14,502        —              —           —               —
    — other Member States                                 10,000          10,000        —              —           —   •           —
2. Final refunds :                                               l                l             I                           l
    Seeds harvested and exported from :                          l                l
    —   Federal Republic of Germany (DM)                  24,16           24,16         —              —           —               —
    —   Netherlands (Fl)                                  26,72           26,72         —              —           —               —
    —   BLEU (Bfrs/Lfrs)                                474,58           474,58         —              —           —               —
    —   France (FF)                                       64,43           64,43         —              —           —               —
    —   Denmark (Dkr)                                     82,74           82,74         —              —           —
                                                                                                                                   — 1
    —   Ireland (£ Irl)                                    7,145            7,145       —              —       •   —               —
    —   United Kingdom (£)                                 4,357           4,357        —              —
                                                                                                                   —     ,
                                                                                                                                   —
    —   Italy (Lit)                                 12 450          12 450              —
                                                                                                       —     .
                                                                                                                   —               —
    —   Greece (Dr)                                     441,47           435,77         —              —           —               —
    —   Spain (Pta)                                   1 637,64         1 637,64         —              —           —               —
    —   Portugal (Esc)                                2 001,67        2 001,67          —              —           —               —
(') Subject to the reduction resulting from the maximum guaranteed quantities system.