CELEX: 31991R3843
Language: en
Date: 1991-12-31 00:00:00
Title: Commission Regulation (EEC) No 3843/91 of 30 December 1991 fixing the export refunds on oil seeds

No L 362/22                             Official Journal of the European Communities                                31 . 12. 91
                                   COMMISSION REGULATION (EEC) No 3843/91
                                                    of 30 December 1991
                                          fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       maximum guaranteed quantities for the 1991 /92 marke­
                                                                  ting year, has been fixed by Commission Regulation
Having regard to the Treaty establishing the European             (EEC) No 3207/91 (12) ;
Economic Community,
Having regard to the Act of Accession of Spain and                Whereas Article 27a (3) of Regulation No 136/66/EEC
Portugal,                                                         provides that the adjustment of the amount of aid for rape
                                                                  seed produced in Spain for the 1991 /92 marketing year
                                                                  shall be fixed so that the adjusted target price is the same
Having regard to Council Regulation No 136/66/EEC of              in Spain as in the Community as constituted at 31
22 September 1966 on the establishment of a common                December 1985 ;
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 1720/91 (2),
                                                                  Whereas Article 28 of Regulation No 136/66/EEC
Having regard to Council Regulation No 142/67/EEC of              provides that a refund may be granted on exports to third
21 June 1967 on export refunds on colza, rape and                 countries of oil seeds harvested within the Community ;
sunflower seeds (3), as last amended by the Act of Acces­         whereas the amount of this refund may not exceed the
sion of Greece, and in particular the first sentence of           difference between prices within the Community and
Article 2 (3) thereof,                                            prices on the world market where the former are higher
                                                                  than the latter ; whereas Article 21 of Regulation No
Having regard to Council Regulation (EEC) No 1678/85               136/66/EEC provides that, at present, Article 28 of that
of 11 June 1985 fixing the conversion rates to be applied         Regulation applies only to colza, rape and sunflower
in agriculture (4), as last amended by Regulation (EEC) No        seeds ;
3696/91 0,
Having regard to Council Regulation (EEC) No 1569/72              Whereas the refund for colza and rape seeds produced in
of 20 July 1972 laying down special measures for colza,            Spain or Portugal is adjusted in accordance with Council
rape and sunflower seed (% as last amended by Regulation           Regulation (EEC) No 478/86
(EEC) No 2206/90 Q, and in particular Article 2 (3)
thereof,                                                           Whereas Article 3 of Regulation No 142/67/EEC provides
                                                                   that when the refund is being calculated account must be
Having regard to Commission Regulation (EEC) No                    taken of prices ruling on the various Community markets
2041 /75 of 25 July 1975 on special detailed rules for the         which are representative from the point of view of proces­
application of the system of import and export licences            sing and exportation ; the most favourable quotations
and advance fixing certificates for oils and fats (*), as last     recorded on the various markets of importing third coun­
amended by Regulation (EEC) No 557/91 (»), and in parti­           tries and costs incurred in placing the goods on the world
cular Article 13 thereof,                                          market ; whereas, when the amount of the refund is being
                                                                   fixed, account must also be taken of the level of market
Having regard to the opinion of the Monetary Committee,            prices within the Community for the oil seeds referred to
                                                                   in Article 21 of Regulation No 136/66/EEC and the
Whereas the target price and the monthly increases in the          future trend of these prices ; whereas, furthermore,
target price for colza, rape and sunflower seed for the            account should be taken of the economic aspect of the
1991 /92 marketing year were fixed by Council Regula­              proposed exports and the situation in the Community
tions (EEC) No 1722/91 (10) and (EEC) No 1723/91 (») ;             regarding the supply of and demand for these seeds ;
Whereas the abatement of the subsidy for colza and rape
seed which arises, where appropriate, from the system of           Whereas the abatement of the subsidy for colza and tape
                                                                   seed wich arises from the system of maximum guaranteed
                                                                   quantities for the 1990/91 marketing year has been fixed
(') OJ No 172, 30. 9. 1966, p. 3025/66.                            by Commission Regulation (EEC) No 2509/90 (H) ;
 l) OJ NO L 16Z, lb. b. 1**1 , p. L /.
 }) OJ No 125, 26. 6. 1967, p. 2461 /67.
0 OJ No L 164, 24. 6. 1985, p. 11 .
M OJ No L 350, 19. 12. 1991 , p. 22.                               Whereas Article 1 of Commission Regulation (EEC) No
(6) OJ No L 167, 25. 7. 1972, p. 9.                                651 /71 of 29 March 1971 on certain detailed rules for the
0 OJ No L 201 , 31 . 7. 1990, p. 11 .
(8) OJ No L 213, 11 . 8. 1975, p. 1 .
 *) OJ No L 62, 8. 3. 1991 , p. 23.                                H OJ No I. 328, 30. 11 . 1991 , p. 68 .
(10) OJ No L 162, 26. 6. 1991 , p. 31 .                            (13) OJ No L 53, 1 . 3. 1986, p. 55.
(") OJ No L 162, 26. 6. 1991 , p. 33.                              (,4) OJ No L 237, 1 . 9. 1990, p. 7.
 ---pagebreak--- 31 . 12. 91                              Official Journal of the European Communities                             No. L 362/23
application of export refunds on oil seeds ('), as last                    the agricultural conversion rate, and
amended by Regulation (EEC) No 1815/84 (2), provides
that the amount of the refund must be calculated on the                — the average rate of the ecu as published in the C
basis of the weight of exported seeds ; whereas this weight                Series of the Official Journal of the European
must be adjusted to take account of any differences                        Communities during a period to be determined,
between the percentages of moisture and impurities found                   multiplied by the factor referred to in the second
to exist and those used to define the standard quality for                 indent of (a) ;
which the target price is fixed ; whereas, when this adjust­
ment is being made, the weight of the exported seeds               Whereas pursuant to Article 2 (2) of Regulation (EEC) No
                                                                   1569/72 forward differential amounts are to be deter­
must be increased by the amount of the difference
between the actual moisture and impurities content and             mined where the forward exchange rate for one or more
that used to define the standard quality if the former is          currencies differs from the spot rate by at least a given
lower than the latter ; whereas, if the opposite applies, the      percentage ; whereas this percentage has been fixed at 0,5
weight of the exported seeds must be reduced by the                by Regulation (EEC) No 1813/84 ;
same amount ;
                                                                   Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                   and forward exchange rates and the period to be used for
Whereas the standard quality referred to above was                 calculating the differential amounts ; whereas in cases
defined in Article 2 of Council Regulation (EEC) No                where, for one or more months, quotations of forward
 1 102/84 (3);                                                     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 Article 2 of Regulation No 142/67/EEC provides
that the refund may be varied according to destination             Whereas it follows from applying these provisions to the
                                                                   current situation of the oil seeds market and to the rates
where the world market situation or the specific require­
ments of certain markets make this necessary ;                     or prices of these products that, pursuant to Article 4 of
                                                                   Regulation (EEC) No 651 /71 , the amount of the refund in
                                                                   ecus and the amount of the final refund in each of the
Whereas Article 4 of Regulation (EEC) No 651 /71                   national currencies must, in the case of colza and rape
 provides for the publication of the amount of the final           seed, be fixed in accordance with the Annex to this Regu­
 refund obtained from the conversion into each of the              lation ; whereas it is not necessary to fix a refund for
national currencies of the amount of the refund in ecus            sunflower seed ;
 plus or minus the differential amount ; whereas Article 1
of Commission Regulation (EEC) No 1813/84 (4), as last             Whereas Article 13 of Regulation (EEC) No 2041 /75
amended by Regulation (EEC) No 1 539/90 (*), defined the           makes provision for the period of validity of certificates
elements which determine the differential amounts ;                fixing refunds in advance to be reduced if the market
whereas these elements are equal to the incidence on the           situation warrants ; whereas in the interests of sound
target price reduced by 7,5 % or the refund of the coeffi­         market management a reduction should be made ;
cient derived from the percentage referred to in Article 2
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according           Whereas the measures provided for in this Regulation are
to these provisions, this percentage represents :                  in accordance with the opinion of the Management
                                                                   Committee for Oils and Fats,
(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
         of the correcting factor referred to in Article 6 (1 )    1 . In the case of colza and rape seed, the amounts of
         of Regulation (EEC) No 1677/85 (*), as last               the refund referred to in Article 4 (1 ) of Regulation (EEC)
         amended by Regulation (EEC) No 2205/90 f).                No 651 /71 shall be as set out in the Annex hereto.
                                                                   2.    There shall be no refund on sunflower seed.
(b) In the case of Member States other than those referred
     to in (a), the difference between :                           3.    Certificates fixing the export refund in advance shall
                                                                   be valid from their date of issue until the end of the fol­
(') OJ  No  L  75, 30. 3. 1971 , p. 16.                            lowing month.
0   OJ  No  L  170, 29. 6. 1984, p. 46.
(3) OJ  No   L 113, 28. 4. 1984, p. 8.
(4) OJ  No  L  170, 29. 6. 1984, p. 41 .                                                      Article 2
0   OJ  No  L  145, 8. 6. 1990, p. 20.
0   OJ  No  L  164, 24. 6. 1985, p. 6.
0   OJ  No  L  201 , 31 . 7. 1990, p. 9.                           This Regulation shall enter into force on 1 January 1992.
 ---pagebreak--- No L 362/24                             Official Journal of the European Communities                              31 . 12. 91
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States .
                   Done at Brussels, 30 December 1991 .
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                         Member of the Commission
                                                             ANNEX
                   to the Commission Regulation of 30 December 1991 fixing the export refunds on oil
                                                                seeds
                                                                                                    (amounts per 100 kilograms)
                                                 Current     1st period   2nd period  3rd period  4th period      5th period
                                                    1             2           3           4            5               6
1 . Gross refunds (ECU) :
    — Spain                                        12,500        12,778       —           —           —               —
    — Portugal                                     21,580        21,858       —           —           —               —
    — other Member States                          12,500        12,778       —           —           —               —
2. Final refunds :
    Seeds harvested and exported from :     \
    — Federal Republic of Germany (DM)             29,43         30,08        —           —           —               —
    — Netherlands (Fl)                             33,16         33,89        —           —           —               —
    — BLEU (Bfrs/Lfrs)                            606,95        620,45        —           —           —               —
    — France (FF)                                  98,70        100,89        —           —           —               —
    — Denmark (Dkr)                               112,25        114,75        —           —           —               —
    — Ireland (£ Irl)                              10,985        11,229       —           —           —               —
    — United Kingdom (£)                             9,552         9,773      —           —           —               —
    — Italy (Lit)                              22 018       22 508            —           —           —               —
    — Greece (Dr)                               2 858,84      2 862,19        —           _           —               —
    — Spain (Pta)                               1 913,62      1 955,55        —           —           —               —
    — Portugal (Esc)                            4 555,88     4 613,89         —           —           —               —