CELEX: 31985R3357
Language: en
Date: 1985-11-30 00:00:00
Title: Commission Regulation (EEC) No 3357/85 of 29 November 1985 fixing the export refunds on oil seeds

30 . 11 . 85                           Official Journal of the European Communities                             No L 321 /25
                                   COMMISSION REGULATION (EEC) No 3357/85
                                                   of 29 November 1985
                                         fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      136/66/EEC provides that, at present, Article 28 of that
                                                                 Regulation applies only to colza, rape and sunflower
                                                                 seeds ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                 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 No 136/66/EEC of             taken of prices ruling on the various Community markets
22 September 1966 on the establishment of a common               which are representative from the point of view of proces­
organization of the market in oils and fats ('), as last         sing and exportation ; the most favourable quotations
amended by Regulation (EEC) No 231 /85 (2),                      recorded on the various markets of importing third coun­
                                                                 tries and costs incurred in placing the goods on the world
                                                                 market ; whereas, when the amount of the refund is being
Having regard to Council Regulation No 142/67/EEC of             fixed, account must also be taken of the level of market
21 June 1967 on export refunds on colza, rape and                prices within the Community for the oil seeds referred to
sunflower seeds (3), as last amended by Regulation (EEC)         in Article 21 of Regulation No 136/66/EEC and the
No 2429/72 (4), and in particular the first sentence of          future trend of these prices ; whereas, furthermore,
Article 2 (3) thereof,                                           account should be taken of the economic aspect of the
                                                                 proposed exports and the situation in the Community
                                                                 regarding 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 applied in
agriculture (*), as last amended by Regulation (EEC) No          Whereas, in the absence of the target price for the
1297/85 (*),                                                     1985/86 marketing year for colza and rape seed and in
                                                                 the absence of the amount of the monthly increase for
                                                                 January, February, March, April and May 1986 for colza
Having regard to Council Regulation (EEC) No 1569/72             and rape seed, the amount of the refunds in the case of
of 20 July 1972 laying down special measures for colza,          advance fixing for December 1985, January, February,
rape and sunflower seed f), as last amended by Regulation        March, April and May 1986 for colza and rape seed has
(EEC) No 1474/84 (8), and in particular Article 2 (3)            been obtainable only provisionally on the basis of the
thereof,                                                         target price and the monthly increase proposed by the
                                                                 Commission to the Council for the marketing year
                                                                 1985/86 ; whereas this amount may, therefore, be applied
Having regard to the opinion of the Monetary Committee,          on a temporary basis and should be confirmed or replaced
                                                                 when the indicative price of the 1985/86 marketing year
                                                                 is known ;
Whereas the target price and the monthly increases in the
target price for sunflower seed for the 1985/86 marketing
year were fixed by Regulations (EEC) No 1489/85 (9) and          Whereas Article 1 of Commission Regulation (EEC) No
(EEC) No 1490/85 (10) ;                                          651 /71 of 29 March 1971 on certain detailed rules for the
                                                                 application of export refunds on oil seeds (u), as last
                                                                 amended by Regulation (EEC) No 1815/84 (12), provides
Whereas . Article 28 of Regulation No 136/66/EEC                 that the amount of the refund must be calculated on the
provides that a refund may be granted on exports to third        basis of the weight of exported seeds ; whereas this weight
countries of oil seeds harvested within the Community ;          must be adjusted to take account of any differences
whereas the amount of this refund may not exceed the             between the percentages of moisture and impurities found
difference between prices within the Community and               to exist and those used to define the standard quality for
prices on the world market where the former are higher           which the target price is fixed ; whereas, when this adjust­
than the latter ; whereas Article 21 of Regulation No             ment is being made, the weight of the exported seeds
                                                                  must be increased by the amount of the difference
(') OJ No 172, 30. 9. 1966, p. 3025/66.                           between the actual moisture and impurities content and
(2) OJ No L 26, 31 . 1 . 1985, p. 12.                             that used to define the standard quality if the former is
(3) OJ No 125, 26. 6. 1967, p. 2461 /67.                          lower than the latter ; whereas, if the opposite applies, the
(<) OJ No L 264, 23. 11 . 1972, p. 1 .
Is) OJ No L 132, 21 . 5. 1983, p. 33.                            weight of the exported seeds must be reduced by the
I6) OJ No L 137, 27. 5. 1985, p. 1 .                              same amount :
0 OJ No L 167, 25. 7. 1972, p. 9.
(») OJ No L 143, 30. 5. 1984, p. 4.
0 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.                           H OJ No L 170, 29. 6. 1984, p. 46.
 ---pagebreak---  No L 321 /26                            Official Journal of the European Communities                                  30 . 11 . 85
 Whereas the standard quality referred to above was                 Whereas pursuant to Article 2 (2) of Regulation (EEC) No
 defined in Article 2 of Council Regulation (EEC) No                1569/72 forward differential amounts are to be deter­
 1102/84 (■);                                                       mined 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 fixed at 0,5
                                                                   by Regulation (EEC) No 1813/84 ;
 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 specific require­         Whereas Regulation (EEC) No 1813/84 specifies the spot
 ments of certain markets make this necessary ;                    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 forward
                                                                   exchange rates are not available, the rates adopted for the
 Whereas Article 4 of Regulation (EEC) No 651 /71                  previous months or the following months, as the case may
 provides for the publication of the amount of the final           be, must be used ;
 refund obtained from the conversion into each of the
 national currencies of the amount of the refund in ECU
 plus or minus the differential amount ; whereas Article 1         Whereas it follows from applying these provisions to the
                                                                   current situation of the oil-seeds market and to the rates
 of Regulation (EEC) No 1813/84 (2) defined the elements
which determine the differential amounts ; whereas these           or prices of these products that, pursuant to Article 4 of
                                                                   Regulation (EEC) No 651 /71 , the amount of the refund in
elements are equal to the incidence on the target price or         ECU and the amount of the final refund in each of the
the refund of the coefficient derived from the percentage          national currencies must, in the case of colza and rape
referred to in Article 2 ( 1 ) of Regulation (EEC) No              seed, be fixed in accordance with the Annex to this Regu­
 1569/72 ; whereas, according to these provisions, this            lation ; whereas it is not necessary to fix a refund for
percentage represents :                                            sunflower seed ;
(a) for those Member States whose currencies are main­             Whereas the measures provided for in this Regulation are
     tained as between themselves within a spread at any           in accordance with the opinion of the Management
     given moment of 2,25 % , the difference between :             Committee for Oils and Fats,
     — the conversion rate used under the common agri­
         cultural policy, and
                                                                   HAS ADOPTED THIS REGULATION :
     — the conversion rate resulting from the central rate,
(b) for Italy, the United Kingdom and Greece, the diffe­
     rence between :                                                                        Article 1
    — the relationship between the conversion rate used
         under the common agricultural policy for the              In the case of colza and rape seed, the amounts of the
         currency of the Member State concerned and the            refund referred to in Article 4 ( 1 ) of Regulation (EEC) No
         central rate of each of the currencies of the             651 /71 shall be as set out in the Annex hereto.
         Member States referred to in (a), and
     — the spot market rate for the currency of the                The amount of the refunds in the case of advance fixing
         Member State in question in relation to each of           for December 1985, January, February, March, April and
         the currencies of the Member States referred to in        May 1986 for colza and rape seed will, however, be
         (a), as recorded over a period to be determined ;         confirmed or replaced as from 1 December 1985 to take
                                                                   into account the indicative price which is fixed for these
                                                                   products for the 1985/86 marketing year, and the amount
                                                                   of the monthly increase for January, February, March,
Whereas, however, pursuant to Article 2a of Regulation             April and March 1986 for colza and rape seed.
(EEC) No 1569/72, the monetary disparity for the marke­
ting years 1984/85 to 1986/87 will be calculated by a              No refund is fixed for sunflower seed .
method which takes into_account a coefficient applied to
the conversion rate resulting from the central rate ;
whereas Regulation (EEC) No 2679/85 (3) fixed the coeffi­
cient ;                                                                                     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 December
(3) OJ No L 254, 25 . 9 . 1985, p. 14.                             1985 .
 ---pagebreak---      30 . 11 . 85                            Official Journal of the European Communities                                       No L 321 /27
                         This Regulation shall be binding in its entirety and directly applicable in all Member
                         States .
                         Done at Brussels, 29 November 1985.
                                                                                       For the Commission
                                                                                        Frans ANDRIESSEN
                                                                                           Vice-President
                                                                    ANNEX
                         to the Commission Regulation of 29 November 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)                              22,000          22,520            23,040           23,560           24,080           24,080
2. Final refunds
     Seeds harvested and exported from :
    ;—   Federal Republic of Germany (DM)            54,27           55,51             56,78            58,18            59,42            59,93
    —    Netherlands (Fl)                            61,15           62,55             63,95            65,52            66,92            67,43
    —    BLEU (Bfrs/Lfrs)                         1 021,06        1 045,19          1 069,33        1 092,43         1 116,56          1 108,80
    —    France (FF)                                151,24          154,88            158,11          161,00        . 164,64             164,65
    —    Denmark (Dkr)                              185,13          189,51            193,88          198,26           202,63            202,08
    —    Ireland (£ Irl)                             16,502          16,892            17,278           17,621           18,011           17,894
    —    United Kingdom (£)                          13,585          13,906            14,228           14,550           14,871           14,692
    —    Italy (Lit)                            30 581          31 349            31 912           32 483          33 254            33 019
    —    Greece (Dr)                              1 363,57        1 416,79          1 470,00        1 523,22         1 576,44          1 576,44
(') On the basis of the Commission's last proposal concerning the indicative price and subject to confirmation by the Council s decision.