CELEX: 31985R1436
Language: en
Date: 1985-06-01 00:00:00
Title: Commission Regulation (EEC) No 1436/85 of 31 May 1985 fixing the export refunds on oil seeds

No L 144/ 16                          Official Journal of the European Communities                               1 . 6. 85
                                   COMMISSION REGULATION (EEC) No 1436/85
                                                        of 31 May 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 23 1 /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
 sunflower seeds (3), as last amended by Regulation               Whereas, in the absence of the target price for the
 (EEC) No 2429/72 (4), and in particular the first                1985/86 marketing year for colza, rape and sunflower
 sentence of Article 2 (3) thereof,                               seed and in the absence of the amount of the monthly
                                                                  increase for September, October and November 1985
 Having regard to Council Regulation (EEC) No                     for colza and rape seed, the amount of the refunds in
  1223/83 of 20 May 1983 on the exchange rates to be              the case of advance fixing for July, August, September,
 applied in agriculture (*), as last amended by Regula­           October and November 1985 for colza and rape seed
 tion (EEC) No 1297/85 0,                                         and August, September and October 1985 for
                                                                  sunflower seed has been obtainable only provisionally
 Having regard to Council Regulation (EEC) No                     on the basis of the target price and the monthly
 1569/72 of 20 July 1972 laying down special measures             increase proposed by the Commission to the Council
 for colza, rape and sunflower seed Q, as last amended            for the marketing year 1985/86 ; whereas this amount
 by Regulation (EEC) No 1474/84 (8), and in particular            may, therefore, be applied on a temporary basis and
                                                                  should be confirmed or replaced when the indicative
 Article 2 (3) thereof,
                                                                  price of the 1985/86 marketing year is known ;
 Having regard to the opinion of the Monetary
 Committee,                                                       Whereas Article 1 of Commission Regulation (EEC)
                                                                  No 651 /71 of 29 March 1971 on certain detailed rules
 Whereas Article 28 of Regulation No 136/66/EEC                   for the application of export refunds on oil seeds (9), as
 provides that a refund may be granted on exports to              last amended by Regulation (EEC) No 1815/84 (10),
 third countries of oil seeds harvested within the
                                                                  provides that the amount of the refund must be calcu­
 Community ; whereas the amount of this refund may                lated on the basis of the weight of exported seeds ;
 not exceed the difference between prices within the              whereas this weight must be adjusted to take account
 Community and prices on the world market where the               of any differences between the percentages of moisture
 former are higher than the latter ; whereas Article 21           and impurities found to exist and those used to define
 of Regulation No 136/66/EEC provides that, at                    the standard quality for which the target price is fixed ;
 present, Article 28 of that Regulation applies only to           whereas, when this adjustment is being made, the
 colza, rape and sunflower seeds ;                                weight of the exported seeds must be increased by the
                                                                  amount of the difference between the actual moisture
 Whereas Article 3 of Regulation No 142/67/EEC                    and impurities content and that used to define the
 provides that when the refund is being calculated                standard quality if the former is lower than the latter ;
 account must be taken of prices ruling on the various            whereas, if the opposite applies, the weight of the
 Community markets which are representative from the              exported seeds must be reduced by the same amount ;
 point of view of processing and exportation ; the most
(') OJ  No  172, 30. 9. 1966, p. 3025/66.                         Whereas the standard quality referred to above was
O   OJ  No  L 26, 31 . 1 . 1985, p. 12.                           defined in Article 2 of Council Regulation (EEC) No
O   OJ  No  125, 26. 6. 1967, p. 2461 /67.                        1102/84 (");
(4) OJ  No  L 264, 23 . 11 . 1972, p. 1 .
0   OJ  No  L 132, 21 . 5. 1983, p. 33 .
0   OJ  No  L 137, 27. 5. 1985, p. 1 .                            0 OJ No L 75, 30. 3. 1971 , p. 16.
O   OJ  No  L 167, 25. 7. 1972, p. 9 .                            H 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--- 1 . 6. 85                           Official Journal of the European Communities                          No L 144/ 17
Whereas Article 2 of Regulation No 142/67/EEC                 or more currencies differs from the spot rate by at least
provides that the refund may be varied according to           a given percentage ; whereas this percentage has been
destination where the world market situation or the           fixed at 0,5 by Regulation (EEC) No 1813/84 ;
specific requirements of certain markets make this
necessary ;                                                   Whereas where, for one or more months, forward
                                                              exchange rates are not available, the rate adopted for
Whereas Article 4 of Regulation (EEC) No 651 /71              the previous month or the following month, as the
                                                              case may be, is to be used ;
provides for the publication of the amount of the final
refund obtained from the conversion into each of the
                                                              Whereas, for the period 22 to 28 May 1985, for certain
national currencies of the amount of the refund in            currencies :
ECU plus or minus the differential amount ; whereas
Article 1 of Regulation (EEC) No 1813/84 (') defined          — for the current month, the difference referred to in
the    elements    which    determine    the    differential       Article 2 ( 1 ) of Regulation (EEC) No 1569/72
amounts ; whereas these elements are equal to the                  differs by more than one point from the percen­
incidence on the target price or the refund of the coef­           tage adopted for the previous fixing,
ficient derived from the percentage referred to in            — for certain following months the difference
Article 2 (1 ) of Regulation (EEC) No 1569/72 ;                    referred to in Article 2 (2) of Regulation (EEC) No
whereas, according to these provisions, this percentage            1569/72 exceeds 0,5 % ; whereas this difference in
represents :                                                       the case of certain forward differential amounts
                                                                   differs by more than one point from the percen­
(a) for those Member States whose currencies are                   tage adopted for the previous fixing ;
     maintained as between themselves within a spread
     at any given moment of 2,25 % , the difference           Whereas it follows from applying these provisions to
     between :                                                the current situation of the oil-seeds market and to the
                                                              rates or prices of these products that, pursuant to
     — the conversion rate used under the common
                                                              Article 4 of Regulation (EEC) No 651 /71 , the amount
         agricultural policy, and                             of the refund in ECU and the amount of the final
     — the conversion rate resulting from the central          refund in each of the national currencies must, in the
         rate,                                                case of colza and rape seed, be fixed in accordance
                                                              with the Annex to this Regulation ; whereas it is not
(b) for Italy, the United Kingdom and Greece, the              necessary to fix a refund for sunflower seed ;
     difference between :
                                                              Whereas the measures provided for in this Regulation
     — the relationship between the conversion rate            are in accordance with the opinion of the Management
         used under the common agricultural policy for         Committee for Oils and Fats,
         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             HAS ADOPTED THIS REGULATION :
     — the spot market rate for the currency of the
         Member State in question in relation to each of                                Article 1
         the currencies of the Member States referred to
         in (a), as recorded over a period to be deter­
         mined ;                                               In the case of colza and rape seed, the amounts of the
                                                               refund referred to in Article 4 ( 1 ) of Regulation (EEC)
                                                               No 651 /71 shall be as set out in the Annex hereto.
Whereas, however, pursuant to Article 2a of Regula­
 tion (EEC) No 1569/72, the monetary disparity for the         The amount of the refunds in the case of advance
 marketing years 1984/85 to 1986/87 will be calculated
 by a method which takes into account a coefficient
                                                               fixing for July, August, September, October and
                                                               November 1985 for colza and rape seed and August,
 applied to the conversion rate resulting from the             September and October 1985 for sunflower seed will,
 central rate ; whereas the said Article 2a fixed the coef­
                                                               however, be confirmed or replaced as from 1 June
 ficient for the beginning of the 1984/85 marketing
                                                                1985 to take into account the indicative price which is
 year ; whereas account should be taken thereof in
                                                               fixed for these products for the 1985/86 marketing
 respect of colza and rape seed with effect from 1 July
                                                               year, and the amount of the monthly increase for
 1 984, and in respect of sunflower seed with effect from
 1 August 1 984 ;                                              September, October and November 1985 for colza and
                                                               rape seed.
 Whereas pursuant to Article 2 (2) of Regulation (EEC)          No refund is fixed for sunflower seed.
 No 1569/72 forward differential amounts are to be
 determined where the forward exchange rate for one                                     Article 2
 (») OJ No L 170, 29 . 6. 1984, p. 41 .                        This Regulation shall enter into force on 1 June 1985.
 ---pagebreak---          No L 144/ 18                     Official Journal of the European Communities                                    1 . 6. 85
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States.
                       Done at Brussels, 31 May 1985.
                                                                                   For the Commission
                                                                                    Frans ANDRIESSEN
                                                                                       Vice-President
                                                               ANNEX
                         to the Commission Regulation of 31 May 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         3,150 (')        3,150 (')       3,670 (')      4,190 (')         4,710 (')
2. Final refunds                          \                               \                                \
    Seeds harvested and exported from :   \                               \                                \
    — Federal Republic of Germany (DM)           24,35         10,39 (')        10,43 (')       11,94 (•)     13,18 (')          15,23 0)
    — Netherlands (Fl)                           27,43         11,71 (')        11,71 (•)       13,40 (')     14,79 (')          17,01 (■)
    — BLEU (Bfrs/Lfrs)                          417,71       146,20 (')        146,20 (■)      168,67 (')    192,81 O          204,51 (')
    —  France (FF)                               51,75         17,60 (')        16,95 (')       19,38 (')     23,02 (')          26,68 (■)
    —  Denmark (Dkr)                             75,73         26,51 (')        26,51 (')       30,88 (')     35,26 (')          38,75 (■)
    —  Ireland (£ Irl)                            6,751         2,363 (')        2,356 (')       2,670 (')      3,060 (')         3,264 (')
    —  United Kingdom (£)                         6,448         2,828 (')        2,828 (')       3,150 (')      3,472 (')         3,507 (')
    —  Italy (Lit)                           10 595        4 511      (')   4 178      (')   4 630     (') 5 401      (')    5 796      (') ,
    —  Greece (Dr)                              325,1 1      312,45 (')       312,45 (')       365,67 (')    418,89 (')        472,11 (')
(') On the basis of the Commission s proposal concerning the indicative price and subject to confirmation by the Council's decision.