CELEX: 31985R3745
Language: en
Date: 1985-12-31 00:00:00
Title: Commission Regulation (EEC) No 3745/85 of 30 December 1985 fixing the export refunds on oil seeds

No L 356/26                                  Official Journal of the European Communities                                31 . 12. 85
                                           COMMISSION REGULATION (EEC) No 3745/85
                                                           of 30 December 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 (6),                                                            1985/86 marketing year for colza and rape seed and in
                                                                         the absence of the amount of the monthly increase for
                                                                          February, March, April, May and June 1986 for colza and
 Having regard to Council Regulation (EEC) No 1569/72                    rape seed, the amount of the refunds in the case of
 of 20 July 1972 laying down special measures for colza,                 advance fixing for January, February, March, April, May
 rape and sunflower seed Q, as last amended by Regulation                and June 1986 for colza and rape seed has been
 (EEC) No 1474/84 (8), and in particular Article 2 (3)                   obtainable only provisionally on the basis of the target
 thereof,                                                                price and the monthly increase proposed by the Commis­
                                                                         sion to the Council for the marketing year 1985/86 ;
                                                                         whereas this amount may, therefore, be applied on a
 Having regard to the opinion of the Monetary Committee,                 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 (ll), as last
                                                                         amended by Regulation (EEC) No 1815/84 (I2), 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
0   OJ No 125, 26. 6. 1967, p. 2461 /67.                                 lower than the latter ; whereas, if the opposite applies, the
(4) OJ No L 264, 23 . 11 . 1972, p. 1 .
fa OJ No L 132, 21 . 5. 1983, p. 33.                                     weight of the exported seeds must be reduced by the
(*) OJ  No L   137, 27. 5 .     1985, p. 1 .                             same amount ;
0 OJ    No L   167, 25. 7.      1972, p. 9 .
(8) OJ  No L   143, 30. 5.      1984, p. 4.
O OJ    No L   151 , 10 . 6 .   1985, p . 13 .                           (») OJ No L 75, 30 . 3 . 1971 , p. 16.
H OJ     No L    151 , 10 . 6 .  1985, p . 14.                           (I2) OJ No L 170 , 29 . 6 . 1984, p . 46.
 ---pagebreak---  31 . 12. 85                             Official Journal of the European Communities                              No L 356/27
Whereas the standard quality referred to above was                 mined where the forward exchange rate for one or more
 defined in Article 2 of Council Regulation (EEC) No               currencies differs from the spot rate by at least a given
 1102/84 (');                                                      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            Whereas Regulation (EEC) No 1813/84 specifies the spot
 where the world market situation or the specific require­         and forward exchange rates and the period to be used for
 ments of certain markets make this necessary ;                    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
                                                                   previous months or the following months, as the case may
Whereas Article 4 of Regulation (EEC) No 651 /71                   be, must be used ;
 provides for the publication of the amount of the final
 refund obtained from the conversion into each of the
 national currencies of the amount of the refund in ECU            Whereas it follows from applying these provisions to the
 plus or minus the differential amount ; whereas Article 1         current situation of the oil-seeds market and to the rates
of Regulation (EEC) No 1813/84 (2) defined the elements            or prices of these products that, pursuant to Article 4 of
which determine the differential amounts ; whereas these           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
     — the conversion rate resulting from the central rate,
                                                                   HAS ADOPTED THIS REGULATION :
(b) for Italy, the United Kingdom and Greece, the diffe­
     rence between :
     — the relationship between the conversion rate used                                    Article 1
         under the common agricultural policy for the
         currency of the Member State concerned and the
         central rate of each of the currencies of the
         Member States referred to in (a), and                     In the case of colza and rape seed, the amounts of the
     — the spot market rate for the currency of the                refund referred to in Article 4 ( 1 ) of Regulation (EEC) No
                                                                   651 /71 shall be as set out in the Annex hereto .
         Member State in question in relation to each of
         the currencies of the Member States referred to in
         (a), as recorded over a period to be determined ;         The amount of the refunds in the case of advance fixing
                                                                   for January, February, March, April, May and June 1986
                                                                   for colza and rape seed will, however, be confirmed or
Whereas, however, pursuant to Article 2a of Regulation             replaced as from 1 January 1986 to take into account the
(EEC) No 1569/72, the monetary disparity for the marke­            indicative price which is fixed for these products for the
ting years 1984/85 to 1986/87 will be calculated by a              1985/86 marketing year, and the amount of the monthly
method which takes into account a coefficient applied to           increase for February, March, April, May and June 1986
the conversion rate resulting from the central rate ;              for colza and rape seed.
whereas Regulation (EEC) No 2679/85 (3) fixed the coeffi­
cient ;
                                                                   No refund is fixed for sunflower seed .
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 .
(3) OJ No L 254, 25. 9 . 1985, p. 14.                              This Regulation shall enter into force on 1 January 1986.
 ---pagebreak---      No L 356/28                              Official Journal of the European Communities                                         31 . 12. 85
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States.
                        Done at Brussels, 30 December 1985.
                                                                                        For the Commission
                                                                                         Frans ANDRIESSEN
                                                                                             Vice-President
                                                                    ANNEX
                       to the Commission Regulation of 30 December 1985 fixing the export refunds on colza
                                                                and rape seed
                                                                                                                        (amounts per 100 kilograms)
                                                   Current       2nd month         3rd month        4th month       5th month         6th month
                                                   month
1 . Gross refunds (ECU)                              22,000          22,520            23,040           23,560           23,560           23,560
2. Final refunds                              IlI                                                               \
    Seeds harvested and exported from :       Il\                                                               \
    — Federal Republic of Germany (DM)               54,31           55,55             56,81            58,22            58,22            58,74
    — Netherlands (Fl)                               61,19           62,59             63,99            65,57            65,57            66,09
    — BLEU (Bfrs/Lfrs)                            1 021,06        1 045,19          1 069,33         1 092,41        1 092,41          1 084,49
    —  France (FF)                                  151,18          154,82            158,05           160,92          160,92            160,93
    —  Denmark (Dkr)                                185,13          189,51            193,88           198,26          198,26            197,70
    —  Ireland (£ Irl)                               16,502          16,892            17,278           17,619           17,619           17,501
    —  United Kingdom (£)                            13,068          13,390            13,711           14,033           14,033           13,851
    —  Italy (Lit)                              30 541          31 309            31 868           32 435          32 435 '          31 699
    —  Greece (Dr)                                1 310,29        1 363,51          1 416,73         1 469,95        1 469,95          1 469,95
(') On the basis of the Commission s last proposal concerning the indicative price and subject to confirmation by the Council's decision.