CELEX: 31989R3578
Language: en
Date: 1989-12-01 00:00:00
Title: Commission Regulation (EEC) No 3578/89 of 30 November 1989 fixing the export refunds on oil seeds

No L 350/ 10                            Official Journal of the European Communities                               1 . 12. 89
                                    COMMISSION REGULATION (EEC) No 3578/89
                                                    of 30 November 1989
                                          fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       1989/90 marketing year were fixed by Regulations (EEC)
                                                                  No 1228/89 (10) and (EEC) No 1229/89 (") ;
Having regard to the Treaty establishing the European
Economic Community,
                                                                  Whereas Article 28 of Regulation No 136/66/EEC
                                                                  provides that a refund may be granted on exports to third
Having regard to the Act of Accession of Spain and                countries of oil seeds harvested within the Community ;
Portugal,                                                         whereas the amount of this refund may not exceed the
                                                                  difference between prices within the Community and
                                                                  prices on the world market where the former are higher
Having regard to Council Regulation No 136/66/EEC of              than the latter ; whereas Article 21 of Regulation No
22 September 1966 on the establishment of a common                136/66/EEC provides that, at present, Article 28 of that
organization of the market in oils and fats (!), as last          Regulation applies only to colza, rape and sunflower
amended by Regulation (EEC) No 2902/89 (2),                       seeds ;
Having regard to Council Regulation No 142/67/EEC of
                                                                  Whereas the refund for colza and rape seeds produced in
21 June 1967 on export refunds on colza, rape and                 Spain or Portugal is adjusted in accordance with Council
sunflower seeds (3), as last amended by the Act of Acces­         Regulation (EEC) No 478/86 (12) ;
sion of Greece, and in particular the first sentence of
Article 2 (3) thereof,
                                                                  Whereas Article 3 of Regulation No 142/67/EEC provides
Having regard to Council Regulation (EEC) No 1678/85              that when the refund is being calculated account must be
of 11 June 1985 fixing the conversion rates to be applied         taken of prices ruling on the various Community markets
in agriculture (4), as last amended by Regulation (EEC) No        which are representative from the point of view of proces­
3215/89Q,                                                         sing and exportation ; the most favourable quotations
                                                                  recorded on the various markets of importing third coun­
                                                                  tries and costs incurred in placing the goods on the world
Having regard to Council Regulation (EEC) No 1569/72              market ; whereas, when the amount of the refund is being
of 20 July 1972 laying down special measures for colza,           fixed, account must also be taken of the level of market
rape and sunflower seed (% as last amended by Regulation          prices within the Community for the oil seeds referred to
(EEC) No 2216/88 Q, and in particular Article 2 (3)               in Article 21 of Regulation No 136/66/EEC and the
thereof,                                                          future trend of these prices ; whereas, furthermore,
                                                                  account should be taken of the economic aspect of the
                                                                  proposed exports and the situation in the Community
Having regard to Commission Regulation (EEC) No                   regarding the supply of and demand for these seeds ;
2041 /75 of 25 July 1975 on special detailed rules for the
application of the system of import and export licences
and advance fixing certificates for oils and fats (8), as last
amended by Regulation (EEC) No 2662/87 (9), and in                Whereas the abatement of the subsidy for colza and tape
particular Article 13 thereof,                                    seed which arises from the system of maximum guaran­
                                                                   teed quantities for the 1989/90 marketing year has been
                                                                  fixed by Commission Regulation (EEC) No 2625/89 O3) ;
Having regard to the opinion of the Monetary Committee,
                                                                  Whereas Article 1 of Commission Regulation (EEC) No
Whereas, the target price and the monthly increases in             651 /71 of 29 March 1971 on certain detailed rules for the
the target price for colza, rape and sunflower seed for the       application of export refunds on oil seeds (14), as last
                                                                  amended by Regulation (EEC) No 1815/84 (1S), provides
(') OJ No  172, 30. 9. 1966, p. 3025/66.                           that the amount of the refund must be calculated on the
(2) OJ No  L 280, 29. 9. 1989, p. 2.
O   OJ No  125, 26. 6. 1967, p. 2461 /67.
(<) OJ No  L 164, 24. 6. 1985, p. 11 .                            (10) OJ  No  L 128, 11 . 5. 1989, p. 20.
0   OJ No  L 312, 27. 10. 1989, p. 20.                            (")  OJ  No  L 128, 11 . 5. 1989, p. 22.
(«) OJ No  L 167, 25. 7. 1972, p. 9.                              (,2) OJ  No  L 53, 1 . 3. 1986, p. 55.
O   OJ No  L 197, 26. 7. 1988, p. 10 .                            H    OJ  No  L 254, 31 . 8 . 1989, p. 9.
(8) OJ No  L 213, 11 . 8 . 1975, p. 1 .                           (H)  OJ  No  L 75, 30. 3. 1971 , p. 16.
O   OJ No  L 252, 3. 9. 1987, p. 6.                               (15) OJ  No  L 170, 29. 6. 1984, p. 46.
 ---pagebreak--- 1 . 12. 89                                Official Journal of the European Communities                               No L 350/ 11
basis of the weight of exported seeds ; whereas this weight         Whereas pursuant to Article 2 (2) of Regulation (EEC) No
must be adjusted to take account of any differences                 1569/72 forward differential amounts are to be deter­
between the percentages of moisture and impurities found            mined where the forward exchange rate for one or more
to exist and those used to define the standard quality for          currencies differs from the spot rate by at least a given
which the target price is fixed ; whereas, when this adjust­        percentage ; whereas this percentage has been fixed at 0,5
ment is being made, the weight of the exported seeds                by Regulation (EEC) No 1813/84 ;
must be increased by the amount of the difference
between the actual moisture and impurities content and              Whereas Regulation (EEC) No 1813/84 specifies the spot
that used to define the standard quality if the former is           and forward exchange rates and the period to be used for
lower than the latter ; whereas, if the opposite applies, the       calculating the differential amounts ; whereas in cases
weight of the exported seeds must be reduced by the                 where, for one or more months, quotations of forward
same amount :
                                                                    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 the standard quality referred to above was
defined in Article 2 of Council Regulation (EEC) No
1102/84 (');                                                        Whereas it follows from applying these provisions to the
                                                                    current situation of the oil seeds market and to the rates
                                                                    or prices of these products that, pursuant to Article 4 of
Whereas Article 2 of Regulation No 1 42/67/EEC provides              Regulation (EEC) No 651 /71 , the amount of the refund in
that the refund may be varied according to destination               ecus and the amount of the final refund in each of the
where the world market situation or the specific require­            national currencies must, in the case of colza and rape
ments of certain markets make this necessary ;                       seed, be fixed in accordance with the Annex to this Regu­
                                                                     lation ; whereas it is not necessary to fix a refund for
                                                                    sunflower seed ;
Whereas Article 4 of Regulation (EEC) No 651 /71
provides for the publication of the amount of the final             Whereas Article 13 of Regulation (EEC) No 2041 /75
refund obtained from the conversion into each of the
 national currencies of the amount of the refund in ecus             makes provision for the period of validity of certificates
 plus or minus the differential amount ; whereas Article 1           fixing refunds in advance to be reduced if the market
                                                                     situation warrants ; whereas in the interests of sound
of Commission Regulation (EEC) No 1813/84 (2), as last
                                                                     market management a reduction should be made ;
 amended by Regulation (EEC) No 431 /89 (3), defined the
 elements which determine the differential amounts ;
whereas these elements are equal to the incidence on the             Whereas the measures provided for in this Regulation are
target price reduced by 7,5 % or the refund of the coeffi­           in accordance with the opinion of the Management
 cient derived from the percentage referred to in Article 2          Committee for Oils and Fats,
 ( 1 ) of Regulation (EEC) No 1569/72 ; whereas, according
 to these provisions, this percentage represents :
 (a) for those Member States whose currencies are main­
       tained as between themselves within a spread at any           HAS ADOPTED THIS REGULATION :
       given moment of 2,25 %, the difference between :
       — the conversion rate used under the common agri­
           cultural policy, and                                                                   Article 1
       — the conversion rate resulting from the central rate ;
(b) for the other Member States, the difference between :            1 . 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.
       — the relationship between the conversion rate used
           under the common agricultural policy for the
           currency of the Member State concerned and the            2.     There shall be no refund on sunflower seed.
           central rate of each of the currencies of the
           Member States referred to in (a), and
                                                                     3.      Certificates fixing the export refund in advance shall
       — the spot market rate for the currency of the                be valid from their date of issue until the end of the fol­
           Member State in question in relation to each of           lowing month.
           the currencies of the Member States referred to in
           (a), as recorded over a period to be determined ;                                      Article 2
(') OJ No L 113, 28. 4. 1984, p. 8.
O OJ No L 170, 29. 6. 1984, p. 41 .                                  This Regulation shall enter into force on 1 December
(3) OJ No L 50, 22. 2. 1989, p. 7.                                    1989 .
 ---pagebreak---  No L 350/ 12                           Official Journal of the European Communities                                   1 . 12. 89
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels, 30 November 1989.
                                                                              For the Commission
                                                                                Ray MAC SHARRY
                                                                       Member of the Commission
                                                                        <■<,*
                                                           ANNEX
                   to the Commission Regulation of 30 November 1989 fixing the export refunds on oil
                                                              seeds
                                                                                                     (amounts per 100 kilograms)
                                               Current     1st period  2nd period      3rd period  4th period      5th period
                                                 12             1             2             3            4               5
I. Gross refunds (ECU):                                                              I
   — Spain                                       20,000        20,278         —            —             —             —
   — Portugal                                    22,440        22,679         —            —             — ■           —
   — other Member States                         19,000        19,278         —            —             —             —
I. Final refunds :                        III                                        l
   Seeds harvested and exported from :    \                                          l
   — Federal Republic of Germany (DM)            45,25         45,91          —                          —             —
   — Netherlands (Fl)                            50,12         50,85          —            —             —             —
   — BLEU (Bfrs/Lfrs)                           917,45        930,87          —            —             —             —
   —   France (FF)                              143,26        145,40          —            —   ■         —             —
   —   Denmark (Dkr)                            169,67        172,15          —            —             —             —
   —   Ireland (£ Irl)                           15,944        16,182         —            —
                                                                                                       . —             —
   —  United Kingdom (£)                         10,976        11,171         —                          —             —
   —   Italy (Lit)                           31 129       31 594              —            —             —             —
   —  Greece (Dr)                             2 796,57     2 831,99           —
                                                                                           —.   ■        —             —
   —  Spain (Pta)                             3 142,72     3 185,22           —            —             —             —
   —  Portugal (Esc)                          4156,17      4 202,06           —            —             —             —