CELEX: 31985R0522
Language: en
Date: 1985-03-01 00:00:00
Title: Commission Regulation (EEC) No 522/85 of 28 February 1985 fixing the export refunds on oil seeds

1 . 3 . 85                             Official Journal of the European Communities                         No L 62/ 17
                                   COMMISSION REGULATION (EEC) No 522/85
                                                    of 28 February 1985
                                          fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN                                   favourable quotations recorded on the various markets
COMMUNITIES,                                                     of importing third countries and costs incurred in
                                                                 placing the goods on the world market ; whereas,
Having regard to the Treaty establishing the European            when the amount of the refund is being fixed, account
Economic Community,                                              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 136/66/EEC                21 of Regulation No 136/66/EEC and the future trend
of 22 September 1966 on the establishment of a                   of these prices ; whereas, furthermore, account should
common organization of the market in oils and fats ('),          be taken of the economic aspect of the proposed
as last amended by Regulation (EEC) No 231 /85 (2),              exports and the situation in the Community regarding
                                                                 the supply of and demand for these seeds ;
Having regard to Council Regulation No 142/67/EEC
of 21 June 1967 on export refunds on colza, rape and             Whereas, in the absence of the indicative price for the
sunflower seeds (3), as last amended by Regulation                1985/86 marketing year for colza and rape seed, in
(EEC) No 2429/72 (4), and in particular the first                case of advance fixing for July and August 1985, the
sentence of Article 2 (3) thereof,                               amount of the refunds on these products has been
                                                                 obtainable only on the basis of the indicative price
Having regard to Council Regulation (EEC) No                     proposed by the Commission to the Council for the
1223/83 of 20 May 1983 on the exchange rates to be               marketing year 1985/86 ; whereas this amount may,
applied in agriculture (f), as last amended by Regula­           therefore, be applied on a temporary basis and should
tion (EEC) No 855/84 (6),                                        be confirmed or replaced when the indicative price of
                                                                 the 1985/86 marketing year is known ;
Having regard to Council Regulation (EEC) No
1569/72 of 20 July 1972 laying down special measures             Whereas Article 1 of Commission Regulation (EEC)
for colza, rape and sunflower seed Q, as last amended            No 651 /71 of 29 March 1971 on certain detailed rules
by Regulation (EEC) No 1474/84 (8), and in particular            for the application of export refunds on oil seeds (9), as
Article 2 (3) thereof,                                           last amended by Regulation (EEC) No 1815/84 (10),
                                                                 provides that the amount of the refund must be calcu­
Having regard to the opinion of the Monetary                     lated on the basis of the weight of exported seeds ;
Committee,
                                                                 whereas this weight must be adjusted to take account
                                                                 of any differences between the percentages of moisture
Whereas Article 28 of Regulation No 136/66/EEC                   and impurities found to exist and those used to define
provides that a refund may be granted on exports to              the standard quality for which the target price is fixed ;
third countries of oil        seeds   harvested within   the
                                                                 whereas, when this adjustment is being made, the
Community ; whereas the amount of this refund may                weight of the exported seeds must be increased by the
not exceed the difference between prices within the              amount of the difference between the actual moisture
Community and prices on the world market where the               and impurities content and that used to define the
former are higher than the latter ; whereas Article 21           standard quality if the former is lower than the latter ;
of Regulation No 136/66/EEC provides that, at                    whereas, if the opposite applies, the weight of the
present, Article 28 of that Regulation applies only to           exported seeds must be reduced by the same amount ;
colza, rape and sunflower seeds ;
Whereas Article 3 of Regulation No 142/67/EEC                    Whereas the standard quality referred to above was
provides that when the refund is being calculated                defined in Article 2 of Council Regulation (EEC) No
account must be taken of prices ruling on the various             1 102/84 (");
Community markets which are representative from the
point of view of processing and exportation ; the most           Whereas Article 2 of Regulation No 142/67/EEC
                                                                  provides that the refund may be varied according to
                                                                 destination where the world market situation or the
(') OJ   No 172, 30 . 9 . 1966, p. 3025/ 66.
(2) OJ   No L 26, 31 . 1 . 1985, p. 12.                          specific requirements of certain markets make this
(3) OJ   No 125, 26. 6 . 1967, p . 2461 /67 .                     necessary ;
(4) OJ   No L 264, 23 . 11 . 1972, p. 1 .
0   OJ   No L 132, 21 . 5. 1983, p . 33 .
(6) OJ   No L 90, 1 . 4. 1984, p. 1 .                            O OJ No L 75, 30 . 3 . 1971 , p. 16.
0   OJ   No L 167, 25. 7. 1972, p. 9 .                           ( I0) OJ No L 170, 29 . 6. 1984, p. 46.
(8) OJ   No L 143, 30 . 5. 1984, p. 4.                           (") OJ No L 113, 28 . 4. 1984, p. 8 .
 ---pagebreak---   No L 62/ 18                          Official Journal of the European Communities                                1 . 3 . 85
 Whereas Article 4 of Regulation (EEC) No 651 /71                Whereas where, for one or more months, forward
  provides for the publication of the amount of the final         exchange rates are not available, the rate adopted for
  refund obtained from the conversion into each of the           the previous month or the following month, as the
  national currencies of the amount of the refund in             case may be, is to be used ;
  ECU plus or minus the differential amount ; whereas
 Article 1 of Regulation (EEC) No 1 8 13/84 (') defined          Whereas, for the period 20 to 26 February 1985, for
  the   elements      which    determine    the   differential   certain currencies :
  amounts ; whereas these elements are equal to the
  incidence on the target price or the refund of the coef­       — for the current month, the difference referred to in
 ficient derived from the percentage referred to in                  Article 2 ( 1 ) of Regulation (EEC) No 1569/72
 Article 2 ( 1 ) of Regulation (EEC) No 1569/72 ;                     differs by more than one point from the percen­
 whereas, according to these provisions, this percentage              tage adopted for the previous fixing,
 represents :                                                    — for certain following months the difference
                                                                      referred to in Article 2 (2) of Regulation (EEC) No
 (a) for those Member States whose currencies are                     1569/72 exceeds 0,5 % ; whereas this difference in
      maintained as between themselves within a spread                the case of certain forward differential amounts
      at any given moment of 2,25 % , the difference                 differs by more than one point from the percen­
      between :                                                       tage adopted for the previous fixing ;
      — the conversion rate used under the common                Whereas it follows from applying these provisions to
           agricultural policy, and                              the current situation of the oil-seeds market and to the
      — the conversion rate resulting from the central           rates or prices of these products that, pursuant to
           rate,
                                                                 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 national currencies must, in the
 (b) for Italy, the United Kingdom and Greece, the               case of colza and rape seed, be fixed in accordance
      difference between :
                                                                 with the Annex to this Regulation ; whereas it is not
                                                                 necessary to fix a refund for sunflower seed ;
      — the relationship between the conversion rate
          used under the common agricultural policy for          Whereas the measures provided for in this Regulation
           the currency of the Member State concerned            are in accordance with the opinion of the Management
           and the central rate of each of the currencies of
                                                                 Committee for Oils and Fats,
           the Member States referred to in (a), and
      — the spot market rate for the currency of the
          Member State in question in relation to each of
          the currencies of the Member States referred to        HAS ADOPTED THIS REGULATION :
          in (a), as recorded over a period to be deter­
          mined ;
                                                                                          Article 1
 Whereas, however, pursuant to Article 2a of Regula­
 tion (EEC) No 1569/72, the monetary disparity for the
 marketing years 1984/85 to 1986/87 will be calculated           In the case of colza and rape seed, the amounts of the
 by a method which takes into account a coefficient              refund referred to in Article 4 ( 1 ) of Regulation (EEC)
 applied to the conversion rate resulting from the               No 651 /71 shall be as set out in the Annex hereto.
 central - rate ; whereas the said Article 2a fixed the coef­
 ficient for the beginning of the 1984/85 marketing              The amount of the refunds in the case of advance
year ; whereas account should be taken thereof in                fixing for July and August 1985 will, however, for
 respect of colza and rape seed with effect from 1 July          colza and rape seed, be confirmed or replaced as from
 1984, and in respect of sunflower seed with effect from         1 March 1985 to take into account the indicative price
 1 August 1984 ;                                                 which is fixed for these products for the 1985/86
                                                                 marketing year.
Whereas pursuant to Article 2 (2) of Regulation (EEC)
No 1569/72 forward differential amounts are to be                No refund is fixed for sunflower seed.
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                                     Article 2
fixed at 0,5 by Regulation (EEC) No 1813/84 ;
                                                                 This Regulation shall enter into force on 1 March
(') OJ No L 170, 29 . 6 . 1984, p. 41 .                          1985 .
 ---pagebreak---         1 . 3 . 85                        Official Journal of the European Communities                              No L 62/ 19
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States .
                       Done at Brussels, 28 February 1985.
                                                                                For the Commission
                                                                                 Frans ANDRIESSEN
                                                                                     Vice-President
                                                                ANNEX
                       to the Commission Regulation of 28 February 1985 fixing the export refunds on colza
                                                           and rape seed
                                                                                                              (amounts per 100 kilograms)
                                                Current
                                                             1st month      2nd month       3rd month      4th month       5th month
                                                month
1 . Gross refunds (ECU)                            9,000          9,520          9,520            9,520        3,670 (')       3,670 (')
2. Final refunds                                                                                                         l
    Seeds harvested and exported from :                                                                                  l
    —  Federal Republic of Germany (DM)           24,31          25,55          25,59           25,85         11,90 (')       12,71 (')
    —  Netherlands (Fl)                           27,39          28,79          28,79           29,07         13,35 (')       14,16 (')
    —  BLEU (Bfrs/Lfrs)                          417,71         441,84         441,84          440,20        168,69 (')      156,41 (')
    —  France (FF)                                51,88          55,45          54,82            53,65        13,47 (')       13,48 (')
    —  Denmark (Dkr)                              75,73          80,11          80,11           80,11         30,88 (<)       30,01 (')
    —  Ireland (£ Irl)                             6,751          7,141          7,135            7,059        2,671 (')       2,117 0
    —  United Kingdom (£)                          4,461          4,782          4,782            4,782        1,163 (')       0,880 (')
    —  Italy (Lit)                            12 888        13 628          13 311          13 006         4 629     (')   3 666      f)
    —  Greece (Dr)                               621,18  '      668,25         668,25           668,25       138,66 (')      138,66 (')
(') On the basis of the Commission s proposal concerning the indicative price and subject to confirmation by the Council s decision .